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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Sub Committee: 3rd April 2013

 

Report of the Licensing Authority

 

Application for the Review of a Premises Licence Held at Premier Stores, 218 Holton Road, Barry

 

Purpose of the Report

1.             To ask Members to consider an application for the review of the Premises Licence at Premier Stores, 218 Holton Road, Barry, CF63 4HQ  by Trading Standards under Section 51 of the Licensing Act 2003.

Recommendations

After careful consideration of the facts of this report and after hearing any mitigation the Sub-Committee’s instructions are requested.  Members may wish to consider the following options: -

  • Leave licence unaltered i.e. no further action is taken;
  • Modify the conditions of the licence;
  • Exclude a licensable activity from the scope of the licence;
  • Remove the designated premises supervisor;
  • Suspend the licence for a period not exceeding three months;
  • Revoke the licence.  

Reason for the Recommendations

To advise Members that their instructions are requested.

 

Background

2.             In November 2005 the Licensing Act 2003 came into force.

3.             The Licensing Act 2003 introduced a new licensing regime, which centres around four licensing objectives.  The four licensing objectives are:

  • The prevention of crime and disorder
  • The prevention of public nuisance
  • Public safety
  • Protection of children from harm.

4.             There is a duty on licensees to uphold the four licensing objectives and ensure that activities on their premises do not undermine the objectives. 

5.             On 19th July 2005 the existing licence for 218 Holton Road was converted to a Premises Licence under the Licensing Act 2003.  No representations were received and the licence was granted under delegated authority on the 18th August 2005.

6.             On 20th January 2009 an application was submitted to transfer the licence to BLG Limited and to vary the licence to name Mrs Karamjit Gill as the Designated Premises Supervisor.   

7.             Mrs Gill holds a personal licence that was granted on 29th September 2006.

8.             On 25th June 2009 an application for the Review of the Premises Licence was considered by the Licensing Act Sub Committee and as a result a number of conditions were added to the licence.  The minutes of that hearing are attached at Appendix A to this Report.

Relevant Issues and Options

9.             On the 5th February 2013 the Licensing Section received an application for the review of the premises licence for 218 Holton Road from the Trading Standards Department at the Vale of Glamorgan Council.  The review is made in relation to the undermining of two of the licensing objectives, the prevention of crime and disorder and the protection of children from harm.  The review application is attached at Appendix B to this report.

10.        Further representations in support of the review application were received from South Wales Police by the Licensing Department on 28th February 2013.  These are attached at Appendix C to this report.

Resource Implications (Financial and Employment)

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

Sustainability and Climate Change Implications

12.        None.

Legal Implications (to Include Human Rights Implications)

13.        Section 51 of the Licensing Act 2003 states:

Application for a review of a premises licence

Where a premises licence has effect, an interested party or a responsible authority may apply to the relevant licensing authority for a review of the licence.

Subsection (1) is subject to regulations under section 54 (forms etc. of applications etc)."

 

14.        Section 52 of the Licensing Act 2003 states:

Determination of application for review

Before determining the application, the authority must hold a hearing to consider it and any relevant representations.

The authority must, having regard to the application and any relevant representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

The steps are—

to modify the conditions of the licence;

to exclude a licensable activity from the scope of the licence;

to remove the designated premises supervisor;

to suspend the licence for a period not exceeding three months;

to revoke the licence;

and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added.

Where the authority takes a step mentioned in subsection (4)(a) or (b), it may provide that the modification or exclusion is to have effect for only such period (not exceeding three months) as it may specify.

A determination under this section does not have effect—

until the end of the period given for appealing against the decision, or

if the decision is appealed against, until the appeal is disposed of.”

 

15.        Regulation 16 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 states:

An application for a review of a premises licence under section 51 shall be in the form and shall contain the information set out in Schedule 8.”

 

16.        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 Paragraph’s 3.1, 19, 27, 32 and 33. 

Crime and Disorder Implications

17.        The Licensing Authority has a statutory duty to promote the licensing objectives.  The prevention of crime and disorder is one of the four objectives.

Equal Opportunities Implications (to include Welsh Language issues)

18.        The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

19.        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

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

Consultation (including Ward Member Consultation)

21.        A 28-day statutory consultation period has been completed.  The last day for representations was 5th March 2013. 

Relevant Scrutiny Committee

22.        Housing and Public Protection.

Background Papers

None

 

Contact Officer

Viv Symonds - Licensing Officer

 

Officers Consulted

Richard Price - Legal Officer

 

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

 

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