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Agenda Item No. 3

 

The Vale of Glamorgan Council

 

The Licensing Act 2003 Sub-Committee 30th July 2014

 

Report of the Licensing Authority

 

Licensing Act 2003 - Temporary Event Notice

 

Purpose of the Report

1.         To ask Members to consider a Temporary Event Notice given by Mr James Bourne of 21 St Stephens Mansions, Mountstuart Square, Cardiff, CF10 5LQ.

Recommendations

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

 

Acknowledge the Temporary Event Notice allowing the event to go ahead in accordance with the terms of the notice, or,

 

Acknowledge the Temporary Event Notice allowing the event to go ahead in accordance with the terms of the notice and attach the conditions of the existing Premises Licence for the venue as appropriate, or,

 

Issue a Counter Notice giving the reasons why this action is necessary to promote the licensing objectives.

Reason 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.         The Licensing Act also provided for the temporary carrying out of licensable activity.  Under Section 100 of the Act a premises user may give notice to the Licensing Authority of their intention to carry out the activity by way of a Temporary Event Notice.

4.         Where a Chief Officer of Police or the Environmental Health Department receives a copy of a Temporary Event Notice and is satisfied that allowing the premises to be used in accordance with the notice would undermine the Licensing Objectives, they may give an order to that effect to the Licensing Authority and the Premises User.

5.         On 24th June 2014 a Temporary Event Notice was submitted by Mr James Bourne for an event to be held at Eclipse, 18 Windsor Road, Penarth.

Relevant Issues and Options

6.         Eclipse is a Night Club that has the benefit of a Premises Licence allowing the provision of Regulated Entertainment in the form of Recorded Music, Late Night Refreshment and the Sale of Alcohol between the hours of 8.00 and 02.00 Monday to Saturday and 08.00 and 22.30 on Sunday.  A copy of the Premises Licence is attached at Appendix A to this Report.

7.         The Temporary Event Notice describes the event as '31st Birthday Party' to take place on Saturday 9th August 2014 hours of 0200 hours and 03.00 hours.  A copy of the notice is attached to this report at Appendix B.

8.         Where a Temporary Event Notice is used to authorise licensable activity on a premises which is already licensed, the notice has the effect of suspending the conditions of the Premises Licence.

9.         On 26th June 2014 an objection notice was received from the Environmental Health Department.  The representation is attached at Appendix C to this report.

10.      Where an objection notice is made, either, by the Chief Officer of Police, or the local authority exercising Environmental Health functions, in relation to the undermining of the Licensing Objectives, the Licensing Authority must hold a hearing for Members to consider the Temporary Event and the objection notice.

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

12.      None.

Legal Implications (to Include Human Rights Implications)

13.      Section 98 of the Licensing Act 2003 - Permitted Temporary Activities - provides that;

(1)   A licensable activity is a permitted temporary activity by virtue of this part if-

(a)  it is carried on in accordance with a notice given in accordance with Section 100, and

(b)  the following conditions are satisfied.

(2)  The first condition is that the requirements of sections 102 (acknowledgement of notice) and 104(1) (notification of a relevant person) are met in relation to the notice.

(3) The second condition is that the notice has not been withdrawn under this Part.

(4)  the third condition is that no counter notice has been given under this Part in respect of the notice.

 

14.      The Licensing Authority has therefore determined that the Temporary Event Notice meets the requirements of both the Licensing Act 2003 and its Guidance, and can be processed accordingly.

15.      Under Section 104 of The Licensing Act 2003  "Where a relevant person who is given a temporary event notice is satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective, the relevant person must give a notice stating the reasons for being so satisfied."

16.      The Statutory Guidance issued under Section 182 of the Licensing Act states;

7.37 The 2003 Act provides that only the licensing authority can impose conditions from the existing conditions on the premises licence or club premises certificate to a TEN.  The licensing authority can only do so:

-     if the police or the EHA have objected to the TEN;

-     if that objection has not been withdrawn;

-     there is a licence or certificate in relation to at least a part of the premises in respect of which the TEN is given;

-     and if the licensing authority considers it appropriate for the promotion of the licensing objectives to impose one or more conditions.

 

7.38 This decision is one for the licensing authority alone, regardless of the premises user’s views or willingness to accept conditions. The conditions must be notified to the premises user on the form prescribed by regulations.

 

17.      The Licensing Act 2003 Sub-Committee should have regard to the Vale of Glamorgan Council's Statement of Licensing Policy.

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 and disorder 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 South Wales Police and the local authority exercising Environmental Health functions are the statutory consultees in respect of Temporary Event Notices.  The statutory 3 working day consultation period for this Notice 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

Katie Brook, Licensing Officer. 01446-709105

 

Officers Consulted

Richard Price - Legal Officer

 

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

 

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