Agenda Item No 3
The Vale of Glamorgan Council
Licensing Sub Committee: 13 March 2017
Report of the Licensing Authority
Licensing Act 2003 : Application for the Grant of a Premises Licence - 150 Holton Road, Barry
Purpose of the Report
To consider an application under the Licensing Act 2003 for the grant of a Premises Licence at the above premises submitted by Mr Trevor Howard.
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.
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
The prevention of public nuisance
The protection of children from harm
Relevant Issues and Options
An application for the grant of a Premises Licence at 150 Holton Road, Barry, CF63 4HL was submitted to the Licensing Authority on 16th January 2017. A copy of this application is attached at Appendix A to this report.
The application seeks authorisation for live music (indoors), recorded music (indoors), late night refreshment (indoors) and sale of alcohol (on sales).
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 Licensing Authority received 3 relevant representations during the consultation period.
2 representations were received from Responsible Authorities, namely Environmental Health and South Wales Police. These representations are attached at Appendix B to this report.
A further representation was received from Councillor Pamela Drake, in her role as Ward Member for Castleland, where the premise is situated. This representation is attached at Appendix C to this report.
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.
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.
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)
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)
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.
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.
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
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)
The Licensing Authority is obliged to deal with all Licensing Act 2003 applications on an impartial and equitable basis.
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
The proposals in this report are in accordance with the policy on Framework and Budget.
Consultation (including Ward Member Consultation)
The statutory 28 day consultation period for this application has been completed.
Relevant Scrutiny Committee
Homes and Safe Communities
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.
Yvonne Witchell, Team Manager Licensing 01446 709738
Richard Price - Principal Lawyer
The Vale of Glamorgan Council's Licensing Authority.