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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Sub-Committee: 30th January 2013

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for a Premises Licence

 

Purpose of the Report

1.             To ask Members to consider an application for a Premises Licence made by Penarth Town Council in respect of Kymin, Beach Road, Penarth, CF64 1JX.

Recommendations

The options available to the Licensing Act 2003 Sub Committee are;

 

Grant the application subject to those conditions consistent with the Operating Schedule, or,

 

Grant the application and modify the conditions of the licence by amending, omitting or adding to them as they deem necessary, or,

 

Reject a part of, or the whole application.

Reasons for the Recommendations

To advise the Members of the relevant options available to them under the Licensing Act 2003 in determining this matter.

Background

2.             In November 2005 The Licensing Act 2003 introduced a new licensing regime which centres around four licensing objectives.  The objectives are:

  • The Prevention of Crime and Disorder
  • Public Safety
  • The Prevention of Public Nuisance
  • The Protection of Children from Harm

3.             On 5th December 2012 an application was submitted by Penarth Town Council for a Premises Licence for Kymin, Beach Road, Penarth, CF64 1JX.

Relevant Issues and Options

4.             The application being considered requests permission for the Provision of Regulated Entertainment and Provision of Late Night Refreshment between 9am and 1.30am Monday to Sunday.  Non standard times have been requested for Christmas Eve, New Years Eve and Penarth Summer Festival for Late Night Refreshment and certain Regulated Entertainment. A copy of the application is attached at Appendix A to this Report. 

5.             Under The Licensing Act 2003 (Premises and Club Premises Certificates) Regulations 2005 an Interested Party or a Responsible Authority may make relevant representations at any time during the 28 day consultation period.

6.             On 28th December 2012 a representation was received from Environmental Health.  The representation is attached at Appendix B to this Report.

7.             Five representations were received from Interested Parties during the consultation period.  These representations are attached at Appendix C to this Report.

8.             A Premises Licence, once granted, will generally remain in force indefinitely.  The circumstances in which it will not do so are when it:

  • is revoked
  • the applicant requests a licence for a limited period only
  • is suspended
  • lapses due to some incapacity on the part of the licence holder; or
  • lapses on surrender.

9.             Licensing Officers are not delegated the authority to grant a Premises Licence or Variation of a Premises Licence when Relevant Representations have been received and have not been satisfactorily mediated.  It is therefore for Members to consider the application and the Relevant Representations.

Resource Implications (Financial and Employment)

10.        All resources directed to the administration and enforcement of The Licensing Act 2003 functions must be recovered through the prescribed Licensing Act 2003 fees and charges.

Sustainability and Climate Change Implications

11.        None.

Legal Implications (to Include Human Rights Implications)

12.        Section 18 of the Licensing Act 2003 - Determination of application for Premises Licence - provides that;

(1)   This section applies where the relevant licensing authority-

(a) receives an application for a premises licence made in accordance with section 17,and

(b) is satisfied that the applicant has complied with any requirement imposed on him under subsection (5) of that section.

13.        The Licensing Authority has therefore determined that the application meets the requirements of both the Licensing Act 2003 and its Guidance, and can be processed accordingly.

14.        The Licensing Act 2003 Sub-Committee should have regard to the Vale of Glamorgan Council's Statement of Licensing Policy, and pay particular attention to Sections 3, 9.2, 9.6, 9.7, 10.1, 10.3,12, and Section 27.

Crime and Disorder Implications

15.        Under Section 17 of the Crime and Disorder Act 1998 local authorities must have regard to the likely effect of the exercise of their functions on, and do all they can to prevent, crime and disorder in their area.

16.        A Licensing Authority must carry out its' functions under the 2003 Act with a view to promoting the licensing objectives. 

·               Prevention of Crime and Disorder - The Licensing Authority is committed to reducing crime and disorder across the country.  Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.

Equal Opportunities Implications (to include Welsh Language issues)

17.        The Licensing Authority is obliged to deal with all Licensing Act 2003 applications on an impartial and equitable basis.

Corporate/Service Objectives

18.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

19.        The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

20.        The Responsible Authorities are the statutory consultees in respect of applications to vary premises licences.  The statutory 28 day consultation period for this application has been completed.

Relevant Scrutiny Committee

21.        Housing and Public Protection.

Background Papers

The Licensing Act 2003;  The Secretary of State's Guidance issued under Section 182 of the Licensing Act 2003;  Regulations to the 2003 Act;  Vale of Glamorgan Council's Statement of Licensing Policy.

 

Contact Officer

Katie Brook, Licensing Officer. 01446-709105

 

Officers Consulted

None

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

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