Agenda Item No 3
The Vale of Glamorgan Council
Licensing Sub Committee: 25th October 2013
Report of the Licensing Authority
Application for the Review of a Premises Licence held at Misha News, 81 Cardiff Road, Barry
Purpose of the Report
1. To consider an application for the review of the Premises Licence at Misha News, 81 Cardiff Road, Barry, CF63 2NW made by Trading Standards under Section 51 of the Licensing Act 2003.
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 the 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 Recommendation
To advise Members that their instructions are requested.
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
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 4th August 2005 an application was made to convert the existing Justices licence for 81 Cardiff Road to a Premises Licence under the Licensing Act 2003. No representations were received and the licence was granted under delegated authority on the 2nd September August 2005.
6. In September 2008 the licence was transferred to Mr Hiran Patel and Mrs Avani Patel and Mr Patel became the Designated Premises Supervisor.
7. Mr Patel holds a Personal Licence issued by Cardiff County Council.
8. A copy of the Premises Licence is attached at Appendix A to this Report.
Relevant Issues and Options
9. On the 2nd September 2013 the Licensing Section received an application for the review of the Premises Licence for Misha News at 81 Cardiff Road from the Trading Standards Department at the Vale of Glamorgan Council.
10. The review application 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.
11. Further representations in support of the review application were received from South Wales Police by the Licensing Department on 24th September 2013. These are attached at Appendix C to this report.
Resource Implications (Financial and Employment)
12. 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
Legal Implications (to Include Human Rights Implications)
14. 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)."
15. 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 areâ€”
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 effectâ€”
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.â€
16. 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.â€
17. 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
18. 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)
19. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
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. This is a matter for Licensing Act.2003 Sub Committee decision.
Consultation (including Ward Member Consultation)
22. A 28-day statutory consultation period has been completed. The last day for representations was 30th September 2013.
Relevant Scrutiny Committee
23. Housing and Public Protection.
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.
Viv Symonds - Licensing Officer
Richard Price - Legal Officer
The Vale of Glamorgan Council's Licensing Authority.