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                                                                                                                Agenda Item No. 3

 

The Vale of Glamorgan Council

 

Licensing Sub Committee: 16 February 2017

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for the Grant of a Premises Licence - Tresilian Wood St Donats

 

Purpose of the Report

  1. To consider an application under the Licensing Act 2003 for the grant of a Premises Licence at the above premises submitted by Hide at St Donats Ltd.

Recommendation

The Sub-Committee is required to determine the application having regard to the Council's Statement of Licensing Policy, the Guidance issued by the Home Office, the application and any representations submitted.

 

If minded to grant the application, the Sub-Committee is requested to confirm whether any additional conditions are to be imposed or only those which are consistent with and set out in the operating schedule. Section 10 of the Home Office Guidance relates to conditions attached to Premises Licences, Mandatory conditions will apply to the licence, if granted, in respect of the specification of a Designated Premises Supervisor, age verification policy and authorisation by personal licence holders.

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

  1. When carrying out its functions the licensing authority must have regard to the 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

This application was submitted on 22 December 2016. The operating schedule of the application states that the applicant operates a retreat/campsite which includes a communal area which has facilities for a bar area for guests and visitors to eat and purchase alcohol. The communal area ("the premises") is identified as the Hide Pavilion on the plan attached to the application and is stated to have a capacity of hosting up to 60 individuals. The full operating schedule and plan relating to the application are attached as Appendix A to this report. However, Members are requested to note that the application has been subject to an amendment during the course of the consultation period.

Relevant Issues and Options

  1. The application seeks authorisation for the following licensable activities (showing the amended application details) to be carried out at the Hide Pavilion:

Hours premises are open to the public:

Sunday 1100 hours to 2300 hours

Monday to Saturday 1100 hours to 2330 hours.

Sale by retail of Alcohol

Sunday 1100 hours to 2300 hours

Monday to Saturday 1100 hours to 2300 hours

  1. For clarification, the applicant has withdrawn non-standard timings for New Year from the application together with the application for live music to be included as a licensable activity.
  2. The application included the request to offer on sales and off sales. The latter would be required to enable customers to purchase alcohol in the Hide Pavilion for consumption in the cabins and lodges.

However, the application now includes an additional restriction within the operating schedule relating to off sales as follows:

The off sales of alcohol shall be available to residents of Tresilian Wood only.

  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 28 day consultation period.

The authority has received no relevant representations from the Responsible Authorities, which includes the South Wales Police, Shared Regulatory Services Neighbourhood Services Team and Planning Department.

  1. The authority has received a number of representations from local residents which are attached as follows:

Name

Summary of issues

Appendix

E G and M J Carey

Crime Rate

Appendix B

     

Stephen Hopkins

Alcohol available without adequate security

Appendix C

 

Drink and drug culture in vicinity with evidence of discarded bottles in St Donats

 
 

Off Sales will lead to additional crime and disorder

 
 

Alcohol related rowdy and raucous behavior

 
 

Access to alcohol from students of Atlantic College through off sales of alcohol

 
     

David and Claire Barwell

Public nuisance from alcohol/rowdy behavior

Appendix D

4 January 2017

18 January 2017

 

Criminal damage arising from on and off sales

 
 

Off licence in village causing crime and disorder

 
 

Strangers coming into village because of campsite with additional facilities

 
     

UWC Atlantic College

Access to the sale of alcohol by students

Appendix E

     

D Williams

Underage consumption of alcohol in open field

Appendix F

9 January 2017

26 January 2017 - response to amended application

 

Alcohol causing nuisance/sound carrying in open field

 
     

Sietse Los and Marianne van den Bree

Crime and disorder

Appendix G

11 January 2017

24 January 2017 response to amended application

 

Public nuisance from intoxicated persons

 
     

John and Lynda Clarke

Alcohol related disorder

Appendix H

 

Access to alcohol off sales by students of Atlantic College

 
     

St Donats Community Council

No objection

Appendix I

Peter and Coral Cain

Off sales causing concern

Appendix J

 

Drunken and disorderly behaviour and nuisance from sale of alcohol

 
 

No litter bins

 
 

Litter from disposal of cans bottles and glasses

 
 

Students accessing alcohol

 
     

Jane Stead

Underage sales

Appendix K

     

Margaret Coyle

Crime and disorder

Appendix L

     

M Thomas

Drinking and disorderly behavior

Appendix M

9 January

17 January

 

Off site sales

 
 

Increased risk to children and students if not properly monitored

 
     

M and C F Cowie

Drunken and disorderly behavior

Appendix N

18 January - letter

18 January - e mail

 

Access to site by students

 
 

Litter /cans/bottles/glasses

 

J Featherstone

Letter of support for Mr Cain only

Appendix O

C H Rees

Under age drinking

Appendix P

 

Litter from cans and bottles

 
 

Alcohol related anti-social behaviour

 
     
  1. The Licensing Section has written to persons making representations advising that the application had been amended and asking whether in the light of the amendment, their concerns had been addressed. Any subsequent reply received by the time this report was drafted, is included in the appendices above or will be presented at the meeting.
  2. The authority is only empowered to consider relevant representations as defined in Section 18 (6) of the Licensing Act 2003 that is, "representations which are about the likely effect of the grant of the premises licence on the promotion of the licensing objectives" which are not deemed frivolous or vexatious. Members must also have regard to the statutory guidance issued by the Home Office under Section 182 of the Licensing Act 2003. This further identifies the matters which a licensing authority may take into account under the individual licensing objectives.
  3. It is the practice of the authority to reproduce letters of representation in full. However, Members are advised that only the issues which may be considered as relevant have been highlighted in the above table. In addition, the representations relating to the provision of live music are also no longer relevant to this application. The relevant sections of legislation, guidance or policy which relate to this matter are therefore as follows:
  4. With regard to references that there is no need for an additional licensed premises in the area, paragraph 13.19 of the statutory guidance provides as follows:

"The need for licensed premises

13.19 There can be confusion about the difference between the "need" for premises and the "cumulative impact" of premises on the licensing objectives, for example, on crime and disorder. "Need" concerns the commercial demand for another pub or restaurant or hotel and is a matter for the planning authority and for the market. This is not a matter for a licensing authority in discharging its licensing functions or for its statement of licensing policy."

  1. With regard to public safety, paragraph 2.6 of the statutory guidance sets out that

"Licence holders have a responsibility to ensure the safety of those using their premises, as a part of their duties under the 2003 Act. This concerns the safety of people using the relevant premises rather than public health which is addressed in other legislation." Beyond ensuring safe departure from the premises, matters relating to general traffic management, lighting, and road configuration are not matters for the licensing authority to consider.

  1. The applicant has withdrawn that part of the application seeking to authorise live music at the site.
  2. For information, paragraph 15.6 of the statutory guidance highlights that "as a result of deregulatory changes that have amended the 2003 Act, no licence is required for the following activities:

"Live music: no licence permission is required for:

  • a performance of unamplified live music between 08.00 and 23.00 on any day, on any premises.
  • a performance of amplified live music between 08.00 and 23.00 on any day on premises authorised to sell alcohol for consumption on those premises, provided that the audience does not exceed 500."
  1. In effect, the provision of live music, should a licence be granted for the sale of alcohol, and provided the above conditions are met, will not be a matter for consideration by this Sub-Committee. However, Members are aware that there are other statutory provisions for dealing with nuisance from live music and via the review process if there are appropriate grounds to do so.
  2. For Members information, one representation relates to alleged enforcement action which is not a matter which can be considered by the licensing authority in the determination of this application.
  3. 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. This matter has been referred to a Sub-Committee for determination as officers do not have the delegated authority to determine applications where relevant representations have been received and not withdrawn.

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 provides as follows

18       Determination of application for premises licence

(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.

(2) Subject to subsection (3), the authority must grant the licence in accordance with the application subject only to-

(a) such conditions as are consistent with the operating schedule accompanying the application, and

(b) any conditions which must under section 19, 20 or 21 be included in the licence.

(3) Where relevant representations are made, the authority must-

     (a) hold a hearing to consider them, unless the authority, the applicant and each person who has made such representations agree that a hearing is unnecessary, and

     (b) having regard to the representations, take such of the steps mentioned in subsection (4) (if any) as it considers necessary for the promotion of the licensing objectives.

(4) The steps are-

     (a) to grant the licence subject to-

(i) the conditions mentioned in subsection (2)(a) modified to such extent as the authority considers necessary for the promotion of the licensing objectives, and

(ii) any condition which must under section 19, 20 or 21 be included in the licence;

     (b) to exclude from the scope of the licence any of the licensable activities to which the application relates;

     (c) to refuse to specify a person in the licence as the premises supervisor;

     (d) to reject the application.

  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, 12 and 20. There are no specific policies relating to the area for this type of application.

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.

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 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 01446 709738

Officers Consulted

Mike Walsh -Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.

 

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