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Agenda Item No.

The Vale of Glamorgan Council

 

Licensing Act 2003- Sub Committee: 16th April 2013

 

Report of the Licensing Authority

 

Licensing Act 2003- Application for the variation of a Premises Licence- Co-operative Petrol, Weycock Cross, Barry

 

Purpose of the Report

1.             To ask Members to consider an application under the Licensing Act 2003 for the variation of a Premises Licence at Co-operative Petrol, Weycock Cross, Port Road, Cwm Talwg, Barry, CF62 7LT.  

Recommendations

After careful consideration of the facts of this Report, and after hearing from the applicant, Members may wish to consider the following options:-

  • Grant the variation application subject to those conditions consistent with the Operating Schedule; or
  • Grant the variation application, and modify the conditions of the Operating Schedule 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 24th August 2007 a Premises Licence was granted for Somerfield at Weycock Cross, Cwm Talwg, Barry, CF62 7LT.

4.             On 25th January 2013 the Premises Licence was transferred to Co-operative Group Food Ltd.  A copy of Part A of the current Licence is attached to this Report at Appendix A.

5.             On 18th February 2013 an application for the variation of a Premises Licence was received.  The relevant parts of the application form are attached at Appendix B to this Report.

Relevant Issues and Options

6.             The application requests the variation of the hours when the sale of alcohol is permitted from 06.00 to 23.00 Monday to Saturday to 24 hours on Monday to Saturday, with Sunday hours to be unchanged.

7.             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.

8.             On 18th March 2013, a representation was received from South Wales Police.  The representation is attached at Appendix C to this Report.

9.             Two representations were received from Interested Parties during the consultation period and they are attached to the Report at Appendix D and Appendix E.   

10.        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; or
  • The applicant requests a licence for a limited time only; or
  • It is suspended; or
  • It lapses due to some incapacity on the part of the licence holder; or
  • It is surrendered.

11.        Licensing Officers are not delegated the authority to grant the 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)

12.        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

13.        None.

Legal Implications (to Include Human Rights Implications)

14.        Section 35 of the Licensing Act 2003 - Determination of application to vary a  Premises Licence - provides that;

This section applies where the relevant licensing authority-

receives an application, made in accordance with section 34, to vary a premises licence, and

is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (5) of that section.

15.        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.

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 Sections 3, 9.2, 9.6, 9.7, 10.1, 10.3,12, 20.2, and Section 27.

Crime and Disorder Implications

17.        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.

18.        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)

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

Corporate/Service Objectives

20.        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

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

Consultation (including Ward Member Consultation)

22.        The Responsible Authorities are the statutory consultees in respect of premises licence applications.  The statutory 28 day consultation period for this application has been completed.

Relevant Scrutiny Committee

23.        Housing and Public Protection.

Background Papers

24.        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

Viv Symonds, Licensing Officer 01446 709105

 

Officers Consulted

Richard Price -Legal Officer

 

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

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