Agenda Item No
The Vale of Glamorgan Council
The Licensing Act 2003 Sub-Committee: 30th June 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 J Bagnell and Mr M Mazzitelli in respect of Llantwit Major Rugby Club Field, Boverton Road, Llantwit Major, CF61 1XZ.
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.
Reason for the Recommendations
To advise the Members of the relevant options available to them under the Licensing Act 2003 in determining this matter.
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
The Prevention of Public Nuisance
The Protection of Children from Harm.
3. On 6th May 2014 an application was submitted by Mr Bagnell and Mr Mazzitelli for a Premises Licence under The Licensing Act 2003, for Llantwit Major Rugby Club Field.
Relevant Issues and Options
4. The application requests permissions as follows:
Regulated Entertainment – Live Music, Recorded Music & Performance of Dance
14.00 to 22.00 on one Saturday in July per year.
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 period of 28 day consultation period.
6. On 3rd June 2014 a representation was received from the Environmental Health Department. The representation is attached at Appendix B to this Report.
7. On 3rd June 2014 a representation was received from South Wales Police. A copy of the representations is attached at Appendix C to this Report.
8. The Licensing Act Sub Committee is only able to take into account matters that relate directly to the likely impact on the Licensing Objectives of the licensable activities applied for within the application.
9. 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.
10. 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)
11. 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
Legal Implications (to Include Human Rights Implications)
13. 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.
14. 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.
15. The Licensing Act 2003 Sub Committee should have regard to the Revised Guidance issued under section 182 of the Licensing Act 2003 and in particular section 10.10 of that Guidance.
Section 10.10 Proportionality.
The 2003 Act requires that licensing conditions should be tailored to the size, type, location and characteristics and activities taking place at the premises concerned. Conditions should be determined on a case-by-case basis and standardised conditions which ignore these individual aspects should be avoided. Licensing authorities and other responsible authorities should be alive to the indirect costs that can arise because of conditions. These could be a deterrent to holding events that are valuable to the community or for the funding of good and important causes. Licensing authorities should therefore ensure that any conditions they impose are only those which are appropriate for the promotion of the licensing objectives.
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, 9.7, 10.1, 10.3,12, 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, disorder and anti-social behaviour 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.
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. 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
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.
Amanda Ewington, Licensing Officer. 01446-709105
Richard Price - Legal Officer
The Vale of Glamorgan Council's Licensing Authority.