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Agenda Item No.

 

The Vale of Glamorgan Council

 

Licensing-Sub Committee: 6th November 2014

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for the Variation of a Premises Licence - Tudor Tavern, Church Street, Llantwit Major.

Purpose of the Report

1.         To ask Members to consider an application under the Licensing Act 2003 for the variation of a Premises Licence at the Tudor Tavern, Church Street, Llantwit Major, CF61 1SB.  

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 variation application subject to those conditions consistent with the Operating Schedule; 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.

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.         The Licensing Act 2003 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 2005 a Premises Licence was granted for the Tudor Tavern (The New Globe at the time), Church Street, Llantwit Major under the transitional arrangements of The Licensing Act 2003.  

4.         In 2008 the premises licence was subject to a review instigated by South Wales Police following a number of incident at the premises.  As a result of the review additional conditions were attached to the licence at a Licensing Sub Committee Hearing on 21st July 2008.

5.         A copy of the current Licence is attached to this Report at Appendix A.

6.         On 11th September 2014 an application for the variation of the Premises Licence was received by the Licensing Authority.  The relevant parts of the application form are attached at Appendix B to this Report.

Relevant Issues and Options

7.         The variation application being considered seeks to vary the Premises as follows;;

Opening Hours

Current

Requested

Mon to Thurs 11.00 to Midnight

Fri & Sat 11.00 to 00.30

Sun 11.00 to 23.00

Sun to Thurs 10.00 to 00.30

Fri & Sat 10.00 to 01.00

 

Sale of Alcohol

Current

Requested

Mon to Thurs 11.00 to 23.30

Fri & Sat 11.00 to Midnight

Sun 12.00 to 22.30

Sun to Thurs 10.00 to Midnight

Fri & Sat 10.00 to 00.30

 

Live Music

 Current

Requested

Mon to Sat 11.00 to 11.30

Sun 12.00 to 10.30

Sun to Thurs 10.00 to Midnight

Fri & Sat 10.00 to 00.30

 

Recorded Music

Current

Requested

Mon to Sat 11.00 to 11.30

Sun 12.00 to 10.30

Sun to Thurs 10.00 to Midnight

Fri & Sat 10.00 to 01.00

 

8.         The application further requests;

 

The standard hours plus one extra hour for –

All Bank Holidays

Christmas Eve & Christmas Day

Boxing Day

New Year’s Day

From the start of Standard Timing on New Year’s Eve to the Start of Standard Timing on New Year’s Day.

 

9.         The current Premises Licence includes;

A further additional hour into the morning every Friday, Saturday, Sunday & Monday for each May Bank Holiday, Spring/Whitsun Bank Holiday and every August Bank Holiday weekend.

A further additional hour into the morning following every Thursday, Friday, Saturday, Sunday & Monday for the Easter Bank Holiday weekend.

A further additional hour every Christmas Eve.

A further additional hour every Boxing Day.

The end of licensing hours on the 31st December until the beginning of licensing hours on the 1st January.

An additional hour for St David's Day (1st March).

10.      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.

11.      On 7th October 2014 a representation was received from South Wales Police.  A copy of the representation is attached to the Report at Appendix C.

12.      On 8th October 2014 a representation was received from the Environmental Health Department.  The representation is attached to the Report at Appendix D.  

13.      In total 14 representations were received from 'other persons' during the consultation period.  These representations are attached at Appendix E 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 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

Viv Symonds, Licensing Officer 01446 709105

Officers Consulted

Richard Price -Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.