Agenda Item No. 3
The Vale of Glamorgan Council
Licensing Sub-Committee: 15 December 2014
Report of the Licensing Authority
Application for the variation of a Premises Licence - Oystercatcher, Terra Nova Way, Penarth
Purpose of the Report
1. To consider an application under the Licensing Act 2003 made by Green King Retailing Limited for the variation of a Premises Licence at the Oystercatcher, Terra Nova Way, Penarth, CF64 1SB
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 Recommendation
To advise the Members of the relevant options available to them under the Licensing Act 2003 in determining this matter.
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 31st August 2005 a Premises Licence was granted for the Oystercatcher, Terra Nova Way, Penarth, under the transitional arrangements of The Licensing Act 2003.
4. As part of the Operating Schedule, the applicants included the condition; 'Children to be allowed in dining area only unless passing from one place to another'. This appears on the Premises Licence as; 'Children shall be permitted only in the dining area except for access'.
5. A copy of the relevant section of the current Licence is attached to this Report at Appendix A.
6. It is an offence under Section 145 of the Licensing Act 2003 to allow unaccompanied children under 16 to be on licensed premises when alcohol is being supplied.
7. On 23rd October 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
8. The variation application seeks to vary the Premises Licence as follows;
· To permit opening, and the retail sale of alcohol, daily from 9am.
· To remove the conditions of the previously held Public Entertainment Licence. Please note that these conditions were removed by a variation of the Premises Licence in June 2007.
· To remove the condition that; 'Children shall be permitted only in the dining area except for access', and replace it with; 'All children must be accompanied by a responsible adult.'
9. Under The Licensing Act 2003 (Premises and Club Premises Certificates) Regulations 2005 a Responsible Authority or any other person may make relevant representations at any time during the 28 day consultation period.
10. No representations have been made by any of the Responsible Authorities in regard to this application.
11. Five representations were received from 'other persons' during the consultation period. These representations concern the requested amendment of the licence condition regarding children on the premises. The representations are attached at Appendix C to this Report.
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; 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.
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
Legal Implications (to Include Human Rights Implications)
16. 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.
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, 10.1, 10.3,12, 20.2, 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 and disorder 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.
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. The proposals in this report are in accordance with the policy on Framework and Budget.
Consultation (including Ward Member Consultation)
24. 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
25. Housing and Public Protection.
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.
Viv Symonds, Licensing Officer 01446 709105
Richard Price - Legal Officer
The Vale of Glamorgan Council's Licensing Authority.