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Agenda Item No. 5

The Vale of Glamorgan Council

 

Licensing Sub-Committee: 30th July 2014

 

Report of the Licensing Authority

 

Licensing Act 2003- Application for the Variation of a Premises Licence

 

Purpose of the Report

1.         To ask Members to consider an application (Appendix A) under the Licensing Act 2003 for the variation of a Premises Licence at Four Cross Service Station, St Athan, Vale of Glamorgan, CF62 4JA.  

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 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 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 6th May 2004 a Justices Licence was granted for the Four Cross Service Station, Barry, Vale of Glamorgan, CF62 4JA.

4.         On 24th November 2005 a Premises Licence Conversion application was granted to ESSO Four Cross Service Station. A copy of Part A of the current Licence is attached to this Report at Appendix B.

5.         On 26th September 2006 an application for a DPS variation to the Premises Licence was received.

6.         On 23rd March 2007 an application for a DPS variation to the Premises Licence was received.

7.         On 19th June 2014 an application was received from the legal representatives of the Licence holder for a variation to the existing Premises Licence.

Relevant Issues and Options

8.         The application requests the variation of the hours when the sale of alcohol is permitted from 08.00 to 23.00 Monday to Saturday and 10:00 to 22:30 Sundays to now be 24 hours daily, and to add Late Night Refreshment from 23.00 to 05.00 seven days a week.

9.         The holders of the Premises Licence are Rontec Watford Ltd.

10.      The current DPS is Richard Marsh of 13 Lon Heddwch Craig Cefn Parc Swansea

11.      The present opening hours of the business are:

          Monday - Saturday    08:00  -  23:00

          Sunday                      10:00  -  22:30

          Christmas Day           12:00  -  15:00 / 19:00  -  22:30

          Good Friday               08:00  -  22:30

12.      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.

13.      On 16th July 2014, representations were received from 7 individuals who reside in the locality. The representations are attached at Appendix C to this Report.

14.      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.

15.      Licensing Officers are not delegated by 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)

16.      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

17.      None.

Legal Implications (to Include Human Rights Implications)

18.      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.

 

19.      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.

20.      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

21.      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.

22.      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)

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

Corporate/Service Objectives

24.      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

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

Consultation (including Ward Member Consultation)

26.      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

27.      Housing and Public Protection.

Background Papers

28.      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

Brian Bedford - Licensing Officer 01446 709105

Officers Consulted

Mike Walsh - Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

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