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Agenda Item No

The Vale of Glamorgan Council

 

Licensing Sub-Committee: 2nd September 2015

 

Report of the Licensing Authority

 

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

 

Purpose of the Report

  1. To consider an application for the Grant of a Premises Licence made by Rebekah Davey in respect of 'Coff-e', Boverton Road, Llantwit Major, CF61 1XZ.

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.

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

  1. The Licensing Act 2003 centres around four licensing objectives, which are:
  • The Prevention of Crime and Disorder
  • Public Safety
  • The Prevention of Public Nuisance
  • The Protection of Children from Harm
  1. On 16th July 2015 an application was submitted by Rebekah Davey for the grant of a Premises Licence under The Licensing Act 2003, for 'Coff-e'.

Relevant Issues and Options

  1. The application requests permissions as follows;

Provision of Recorded Music (indoors):

Monday to Saturday 12:00 to 23:00

Sunday 12:00 to 22:30

New Year's Eve 12:00 to 01:00

Sale of Alcohol (On and Off Sales):

Monday to Sunday 12:00 to 22:30

New Year's Eve 12:00 to 01:00

Opening Hours

Monday to Saturday 08:00 to 23:15

Sunday 10:00 to 22:30

New Year's Eve 12:00 to 01:00

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

  1. 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 period of 28 day consultation period.
  2. During the consultation period, South Wales Fire and Rescue Service, Environmental Health, Social Services and Planning, responded to confirm that they had no objections in relation to the application.
  3. No response was received from South Wales Police, Trading Standards or the Health Board.
  4. On 29th July 2015 a representation was received from Councillor Gwyn John, a Ward Member for Llantwit Major. A copy of this representation is attached at Appendix B to this Report.
  5. On 10th August 2015 a representation was received from Graham Morgan a local resident. A copy of the representation is attached at Appendix C to this Report. Please note that only point 3 of this representation has been deemed as relevant to the application.
  6. 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.
  7. 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.
  1. Licensing Officers are not delegated the authority to grant 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)

  1. 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

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. Section 18 of the Licensing Act 2003 - Determination of application for 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 17,and

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

  1. 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.
  2. 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, and Section 27.

Crime and Disorder Implications

  1. 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.
  2. 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)

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

Corporate/Service Objectives

  1. 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

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

Consultation (including Ward Member Consultation)

  1. 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

  1. Housing and Public Protection.

Background Papers

  1. 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

Amanda Ewington - Licensing Team Leader. 01446-709105

Officers Consulted

Richard Price - Legal Officer

Responsible Officer:

Miles Punter - Director of Visible Services and Housing.

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