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Agenda Item No. 3

 

The Vale of Glamorgan Council

 

The Licensing Act 2003 Sub-Committee 28th May 2014

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for a Premises Licence

 

Purpose of the Report

1.         To consider an application for a Premises Licence made by Mr Bryn Warren and Mr Qamar Arif in respect of The Office Bar & Club, 40-42 Windsor Road, Penarth.

Recommendations

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

 

Grant the application subject to those conditions consistent with the Operating Schedule, re-worded where necessary to ensure that they are achievable and enforceable or,

 

Grant the application and modify the conditions of the licence by amending, omitting or adding to them as deemed 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 1st April 2014 an application was submitted by Mr Bryn Warren and Mr Qamar Arif for a Premises Licence under The Licensing Act 2003, for The Office Bar & Club, 40-42 Windsor Road, Penarth. 

Relevant Issues and Options

4.         The premise at 40-42 Windsor Road has been licensed as Penarth Royal Air Force Association Club.  The Club Premises Certificate was converted in 2005 from a Club Registration Certificate granted under the 1964 Licensing Act.

5.         The Club Premises Certificate remains in place and authorises the following;

         Supply of Alcohol and the provision of Regulated Entertainment

              11.00 to 12 Midnight Monday to Saturday

              12 Noon to 22.30 Sunday

 

6.         Mr Warren and Mr Arif have made application for a Premises Licence to able them to run the club on a commercial basis.  The application requests the following;

          Regulated Entertainment - Plays, Films and Indoor Sporting Events

               11.00 to 12 Midnight seven days a week

 

          Live Music

               11.00 to 12 Midnight Monday to Friday

               11.00 to 01.00 Saturday

               12 Noon to 12 Midnight Sunday

 

          Recorded music and Performance of Dance

 

          Sale of Alcohol

               11.00 to 12 Midnight Monday to Thursday

               11.00 to 01.00 Friday and Saturday

               12 Noon to 12 Midnight Sunday

 

A copy of the application is attached at Appendix A to this Report.

 

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 period of 28 day consultation period.

8.         Representations have been received from South Wales Police, Trading Standards and Environmental Health.  These representations are attached at Appendices B, C and D to this Report.

9.         On 23rd April 2014 a representation was received from Penarth Town Council.  A copy of this letter is attached at Appendix E to this Report.

10.      During the 28 day consultation period 2 representations were received from local residents.  A copy of the representations is attached at Appendix F to this Report. Please note that there are a number of supplementary documents attached to Mrs Jenkins' letter.

11.      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

·         it is suspended

·         it lapses due to some incapacity on the part of the licence holder; or

·         it lapses on surrender.

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

13.      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

14.      None.

Legal Implications (to Include Human Rights Implications)

15.      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.

 

16.      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.

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

Crime and Disorder Implications

18.      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, disorder and anti-social behaviour in their area.

19.      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)

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

Corporate/Service Objectives

21.      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

22.      This is a matter for Licensing Act 2003 Sub Committee decision.

Consultation (including Ward Member Consultation)

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

Relevant Scrutiny Committee

24.      Housing and Public Protection.

Background Papers

25.      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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