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Agenda Item No. 3

 

The Vale of Glamorgan Council

 

Licensing Sub-Committee: 13th October 2014

 

Report of the Licensing Authority

 

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

 

Purpose of the Report

1.         To consider an application for the variation of a Premises Licence made by Mr Stephen Case in respect of Habanas, 80-81 High Street, Barry, CF62 7DX..

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 2nd September 2014, an application was submitted by Mr Stephen Case, for the variation of a Premises Licence under The Licensing Act 2003, for Habanas, 80-81 High Street, Barry.

Relevant Issues and Options

4.         The current Premises Licence for Habanas includes the following permissions:

Sale of Alcohol (On and Off Sales)

Sunday to Wednesday                      09.00 to 00.00

Thursday                                           09.00 to 01.00

Friday & Saturday                              09.00 to 02.00

Christmas Eve & Boxing Day              09.00 to 01.00 (when they fall on Mon - Thurs)

New Years Eve                                  10.00 until New Years Day 23.00

 

Regulated Entertainment (playing of live and recorded music, facilities for making music,  dancing and anything of a similar description- indoor only)

Sunday to Wednesday                       09.00 to 00.00

Thursday                                            09.00 to 01.00

Friday & Saturday                               09.00 to 01.30

Christmas Eve & Boxing Day               09.00 to 01.00 (when they fall on Mon - Thurs)

New Years Day                                   To cease at 01.30

 

Late Night Refreshment (indoor only)

Sunday to Wednesday                        23.00 to 00.00

Thursday                                             23.00 to 01.00

Friday & Saturday                               23.00 to 01.30

Christmas Eve & Boxing Day               23.00 to 01.00 (when they fall on Mon - Thurs)

New Years Eve                                   10.00 until New Years Day 23.00

 

Opening Hours

Sunday to Wednesday                       07.00 to 00.30

Thursday                                            07.00 to 01.30

Friday & Saturday                               07.00 to 02.30

Christmas Eve & Boxing Day              07.00 to 01.30 (when they fall on Mon - Thurs)

New Years Eve                                   10.00 until New Years Day 01.30

 

A full copy of this Licence is attached at Appendix A to this Report.

 

5.         The application for the Variation of this Premises Licence requests the following alterations:

Sale of Alcohol (On and Off Sales)

Monday to Wednesday                       07.00 to 00.01

Thursday to Sunday                            07.00 to 03.01

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Years Eve                                                10.00 to 03.01

 

Regulated Entertainment (live and recorded music- indoors)

Monday to Wednesday                       12.00 to 00.01

Thursday to Sunday                            12.00 to 03.01

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Years Eve                                                12.00 to 03.01

 

Late Night Refreshment (indoor only)

Monday to Wednesday                       23.00 to 00.01

Thursday to Sunday                            23.00 to 03.01

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Years Eve                                                23.00 to 03.01

 

Opening Hours

Monday to Wednesday                       07.00 to 00.30

Thursday to Sunday                            07.00 to 03.30

Sunday before a Bank Holiday, Good Friday, Christmas Eve, Boxing Day, New Years Eve                                                10.00 to 03.30

 

Remove the condition "To have glass and bottled glass supplied to customers up until 01.00 to come in line with other licensed premises in the area.  Plastic to be supplied thereafter".

 

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

 

6.         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.

7.         During the 28 day consultation period 2 representations were received from interested parties.  Copies of these representations are attached at Appendix C to this Report.

8.         During the 28 day consultation period a representation was received from the Environmental Health Department.  A copy of this representation is attached at Appendix D to this Report.

9.         During the 28 day consultation period a representation was received from South Wales Police.  A copy of this representation is attached at Appendix E to this Report.

10.      Mr Stephen Case, submitted an amendment to his application, via e.mail on 25th September 2014.  This e.mail requested the following alterations: 

Sale of Alcohol (On and Off Sales)

Sunday to Wednesday                         07.00 to 00.00

Thursday                                              07.00 to 01.00

Friday & Saturday                                 07.00 to 03.00

Sunday before a Bank Holiday, Good Friday,  Boxing Day, New Years Eve 07.00 to 03.00

Christmas Eve                                      07.00 to 01.00

 

Regulated Entertainment (live and recorded music- indoors)

Sunday to Wednesday                        09.00 to 00.00

Thursday                                             09.00 to 01.00

Friday & Saturday                                09.00 to 03.00

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Years Eve 12.00 to 03.00

Christmas Eve                                     12.00 to 01.00

 

Late Night Refreshment (indoor only)

Sunday to Wednesday                        23.00 to 00.00

Thursday                                             23.00 to 01.00

Friday & Saturday                                23.00 to 03.00

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Years Eve 23.00 to 03.00

Christmas Eve                                     23.00 to 01.00

 

Opening Hours

Sunday to Wednesday                        07.00 to 00.30

Thursday                                             07.00 to 01.30

Friday to Saturday                               07.00 to 03.30

Sunday before a Bank Holiday, Good Friday, Boxing Day, New Years Eve 07.00 to 03.30

Christmas Eve                                      07.00 to 01.30

 

Conditions

The prevention of public nuisance

1) All matters concerning noise emanating from the premises will be addressed accordingly.

2) Correct signage will be positioned to inform customers to leave the premises quietly.

 

Admittance

1) There shall be no admittance or re-admittance to the premises after 01:30

 

Beer Garden

1) The beer garden will be monitored/ controlled by licensed SIA staff and closed for the consumption of alcohol one hour and thirty minutes before the close of the premises to coincide with the current premises licence conditions.  This will be enforced on all occasions when the premises is to open to the maximum hours of 03:30.

 

Smoking Area

1) The smoking area will be monitored/ controlled and remain open to members of the public until 20minutes before the close of the premises, this will be encouraged to comply with issues around policing the entrance to the premises.  This will be enforced on all occasions when the premises is to open to the maximum hours of 03:30.       

 

The prevention of crime and disorder/ public safety

Security Staff

1) All persons All persons used for security purposes will hold a current licence issued by the security industry authority.

Number of security equal to the ratio of 1 – 80 and no less than 3 SIA licenced staff to work at any one time up to a maximum of 5 security which should include whenever possible a female member of SIA staff, this will be used on all occasions when the premises is to open to its maximum hours. The security numbers will stagger accordingly throughout the evening increasing to its maximum in line with the premises busiest trading times.

 

Areas covered accordingly by the security personnel include:

Front door and entry

Within the venue

Beer garden and smoking area

 

CCTV

1) A CCTV system to be installed to an agreed standard as approved by South Wales Police and maintained and operated at all times when the premises are open to the public. The system with cover all licensed areas of the premises where the public have access, excluding toilets. The images will be kept for a minimum period of 31 days. The images will be produced to a police employee in a readily playable format immediately upon request when the premises are open to the public and at all other times as soon as reasonably practicable. There will be sufficiently trained staff to facilitate the above.

 

2) An Incident book shall be kept to standard at the premises and maintained at all times. This must be made available for inspection on request to an authorised member of the relevant authority or a member of police staff.

 

The incident book will record the following details.

Ejections of patrons

Refusal of service

Crimes reported to the venue

Complaints received at the venue

Confiscated (seized) drugs and or offensive weapons

Faults on the CCTV system

Items placed (bagged and tagged) in the drugs or sharps box.

Visits and checks made by any responsible authority

 

Protection of Children from Harm

1) Strict ID enforcement regarding the service of alcohol to anyone under the age of 18.  Proof of age scheme undertaken for age related sales and relevant signage to be displayed. Refusals register to be kept at the premises. Members of staff will be aware of condition of licensing law, and any other general conditions attached to the premises licence

 

A copy of this e-mail is attached at Appendix F to this Report.

11.      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.

12.      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.

 

13.      Licensing Officers are not delegated 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)

14.      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

15.      None.

Legal Implications (to Include Human Rights Implications)

16.      Section 35 of the Licensing Act 2003 - Determination of application for the variation of a 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 34, to vary a Premises Licence, and

(b) is satisfied that the applicant has complied with any requirement imposed on him under subsection (5) of that section.

 

17.      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.

18.      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, 9.9, 10.1, 10.3, 11.1, 12, 20 and Section 27.

Crime and Disorder Implications

19.      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.

20.      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)

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

Corporate/Service Objectives

22.      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

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

Consultation (including Ward Member Consultation)

24.      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

25.      Housing and Public Protection.

Background Papers

26.      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

Sian Rees, Licensing Officer. 01446-709105

Officers Consulted

Richard Price - Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

 

 

 

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