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                                                                                                                 Agenda Item No 3

The Vale of Glamorgan Council

 

Licensing Sub Committee: 12th December 2016

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for the Variation of a Premises Licence - 10 Broad Street, Barry, CF62 7AA

Purpose of the Report

  1. To consider an application under the Licensing Act 2003 for the variation of a Premises Licence at 10 Broad Street, Barry, CF62 7AA, now known as Bar Code.

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

  1. 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
  1. On 16th January 2007 a Premises Licence was granted for 10 Broad Street, Barry under The Licensing Act 2003. The application proposed use of the premises was as a restaurant with background music.
  2. In July 2009 the Premises Licence was subject to a variation to add the provision of live music and performance of dance. A copy of the current Licence is attached to this Report at Appendix A.
  3. On 17th October 2016 an application for the variation of the Premises Licence was received by the Licensing Authority. The operating schedule of the application indicates that it is intended to use the premises as a night club. The application form is attached at Appendix B to this Report.

Relevant Issues and Options

  1. The variation application for consideration seeks to vary the Premises Licence as follows;

Opening Hours

Current

Requested

Sun to Thurs 12.00 to 23.30

Fri & Sat 12.00 to 01.00

Sun to Wed 07.00 to 00.30

Thurs 07.00 to 01.30

Fri & Sat 07.00 to 03.30

   

Sale of Alcohol

Current

Requested

Mon to Thurs 12.00 to 23.30

Fri & Sat 12.00 to 00.30

Sun 12.00 to 23.30

Sun to Wed 07.00 to 00.00

Thurs 07.00 to 01,00

Fri & Sat 07.00 to 03.00

   

Live Music, Recorded Music & Performance of Dance

 Current

Requested

Mon to Thurs 18.00 to 23.30

Fri & Sat 18.00 to 00.30

Sun 18.00 to 23.00

Sun to Wed 12.00 to 00.00

Thurs 12.00 to 01,00

Fri & Sat 12.00 to 03.00

   

Late Night Refreshment

Current

Requested

Sun to Thurs 23.00 to 23.30

Fri & Sat 23.00 to 00.30

Sun to Wed 23.00 to 00.00

Thurs 23.00 to 01,00

Fri & Sat 23.00 to 03.00

   
  1. The application further requests the terminal hour for licensable activity be 03.00, with closing at 03.30, on the following days;

Sunday before Bank Holidays

Good Friday

Christmas Eve

Christmas Day

Boxing Day

New Year's (sic)

  1. Please note that there is an administrative error in the 'Opening Hours' section of the application, where the terminal hour for Sunday to Thursday is given as 12.30 rather than 00.30.
  2. 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.
  3. On 25th October 2016 a representation was received from South Wales Police. This was followed by a further submission on 9th November 2016. A copy of the representations is attached to the Report at Appendix C.
  4. On 14th November 2016 a representation was received from the Environmental Health Department. The representation is attached to the Report at Appendix D.
  5. On 8th November a representation was received from Mr Buckeridge who owns properties in close proximity to the premises. The representation is attached at Appendix E to this Report.
  6. 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.

  1. 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)

  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 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.

  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, 7, 8, and 12.

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 and disorder 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. Regulatory Services contribute to the Well Being Outcome 1: "An inclusive and Safer Vale and Objective 2 Providing decent homes and safe communities."

Policy Framework and Budget

  1. The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

  1. 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

  1. Homes and Safe Communities

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

Yvonne Witchell, Team Manager Licensing 01656 643105

Officers Consulted

Richard Price -Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

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