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LICENSING COMMITTEE

 

 

MINUTES of an extraordinary meeting held on 19^th June, 2007.

 

Present: Councillor J.W. Thomas (Chairman); Mrs. V.M. Hartrey (Vice-Chairman); Councillors Mrs. C.V.L. Clay, J. Clifford, Miss J. Cole, A.D.Hampton and Mrs. M. Kelly Owen.

 

 

117     APOLOGIES FOR ABSENCE -

 

These were received from Councillors G.A. Cox, Mrs. A.J. Preston, Mrs. M. Randall and Mrs. M.R. Wilkinson.

 

 

118     DECLARATIONS OF INTEREST -

 

A declaration of interest was received from Councillor Mrs. M. Kelly Owen, as a Member of Penarth Town Council, in connection with agenda items 4,5,6,7 and 8 concerning Street Trading Consents, The Esplanade, Penarth, in connection with Penarth Holiday Week.  Councillor Mrs. M. Kelly Owen withdrew from the meeting during consideration of these items.

 

 

119     APPLICATION FOR THE GRANT OF A PRIVATE HIRE VEHICLE LICENCE (DLPPHS) -

 

An application had been received from Mr. Peter Midlane for the grant of a Private Hire Vehicle Licence in respect of a Ford Transit minibus registration number H11 OVD, contrary to the Vale of Glamorgan Council’s Age Policy Guidelines.  The Ford Transit Minibus was first registered with the DVLA on 10^th April, 2000 and licensed with the Authority as a Private Hire Vehicle between 22^nd July, 2005 and 21^st January, 2007 when the Vehicle Licence was allowed to expire.  As a Prestige Class 2 type, the vehicle had to be under six years old from the date of first registration to be licensed as a Private Hire Vehicle.  Mr. Midlane made application for the grant of a Private Hire Vehicle Licence on 1^st June, 2007 and officers noted that the vehicle was over seven years old at this time.  Provided the licence for any Class 2 vehicle was not allowed to expire, it would be considered and tested every six months for the renewal of a Private Hire Vehicle Licence up until the vehicle was ten years old and thereafter every four months on merit.  The Ford Transit Minibus had recently been tested at the Alps Garage and passed as fit.

 

RESOLVED - T H A T the Council’s Age Policy Guidelines be waived and the grant of a Private Hire Vehicle Licence to Mr. Peter Midlane in respect of a Ford Transit Minibus registration number H11 OVD be approved.

 

 

120     STREET TRADING CONSENT - THE ESPLANADE, PENARTH: A.T. GAMBIN (DLPPHS) -

 

An application for a Street Trading Consent had been received from Andrey’s Thomas Gambin to trade on The Esplande, Penarth in connection with the Penarth Holiday Festival.  The application was for the applicant to sell hot and cold food on 21^st July, 2007 between the hours of 3pm and 10.30pm.  Consultations had taken place and no objections had been received.

 

The application fee of £40 had been paid and the balance of any fee was to be determined by the Licensing Committee and should include the administrative and enforcement costs of street trading provisions.

 

Sian Bowden for Penarth Town Council made representations on behalf of Mr. Gambin for the balance of fee to be waived and indicated that the applicant made a donation to the Penarth Christmas Fund, which funded Christmas parcels.

 

RESOLVED - T H A T the application by Mr. Andrey’s Thomas Gambin to trade on The Esplanade, Penarth on 21^st July, 2007 be granted and the balance of fee in the sum of £70 be paid in connection with this application.

 

 

121     STREET TRADING CONSENT - THE ESPLANADE, PENARTH: MRS. JILL WYLLIS (DLPPHS) -

 

An application for a Street Trading Consent had been received from Mrs. Jill Wyllis to trade on The Esplanade, Penarth in connection with the Penarth Holiday Festival.  The application was for the applicant to sell hot and cold food on 21^st July, 2007 between the hours of 3pm and 10.30pm.  Consultations had taken place and no objections had been received.  The application fee of £40 had been paid and the balance of any fee was to be determined by the Licensing Committee and should include the administrative and enforcement costs of street trading provisions.

 

RESOLVED - T H A T the application by Mrs. Jill Wyllis to trade on The Esplanade, Penarth on 21^st July, 2007 be granted and a balance of fee in the sum of £70 be paid.

 

 

122     STREET TRADING CONSENT - THE ESPLANADE, PENARTH: MRS. KAREN HAAN (DLPPHS) -

 

An application to trade on The Esplanade, Penarth in connection with the Penarth Holiday Festival had been received from Mrs. Karen Haan.  The applicant wished to sell jewellery on 21^st July, 2007 between the hours of 3.pm and 10.30pm.  Licensing Officers read out a letter from the applicant, Mrs. Karen Haan, who objected to the lengthy and difficult process and cost of making an application for a Street Trading Consent.  Mrs. Haan indicated that it would only be a small stall selling jewellery and she would not be able to make any profit at all if there were any further costs in connection with the application.  Sian Bowden from Penarth Town Council had initially thought that small tables could have been provided for traders selling a few items but had then realised that all applicants had to be individually licensed.  All applicants were advised to apply directly to the Vale of Glamorgan Council.  Sian Bowden indicated that previously Penarth Town Council had applied for an Umbrella Street Trading consent..  However, legal advice had been that individual consents were required.  Licensing Officers indicated that procedures had needed to be changed because of the nature of enquiries from the Inland Revenue.  The application fee of £40 had been paid and the balance of any fee was to be determined by the Licensing Committee and should include the administrative and enforcement costs of street trading provisions.

 

RESOLVED - T H A T the application by Mrs. Karen Haan to trade on The Esplanade, Penarth on 21^st July, 2007 be granted and a balance of fee in the sum of £70 be paid.

 

 

123     STREET TRADING CONSENT - THE ESPLANADE, PENARTH: MISS KATIE-JOY SMITH (DLPPHS) -

 

An application to trade on The Esplanade, Penarth in connection with the Penarth Holiday Festival had been received from Miss Katie-Joy Smith.  The applicant wished to sell confectionary on 21^st July, 2007 between the hours of 3pm and 10.30pm.  An application fee of £40 had been paid and the balance of any fee was to be determined by the Licensing Committee and should include the administrative and enforcement costs of street trading provisions.  Miss Smith addressed the Committee and indicated that the family were members of the Showman’s Guild and traded all over the country with the provision of rides for children and a stall selling sweets.  Miss Smith indicated that they always gave generously to the Penarth Holiday Fund and as members of the Showman’s Guild, were not trading as an individual and already had public liability insurance under the banner of the organisation.  Miss Smith also asked whether it would be more cost effective to apply for a 12 month licence and the Legal Officer explained that if the application was in connection with several events at the same location, then it could be possible but an application could not be made for various sites throughout the Vale for the 12 month period.  The Legal Officer also explained that a 12 month licence had to be carefully considered and statutory consultees would need to be involved.  Miss Smith indicated that if higher costs were charged for the application this could lower any contribution that they were able to give to charity.

 

RESOLVED - T H A T the application by Miss Smith to trade on The Esplanade, Penarth on 21^st July, 2007 be granted and the balance of fee in the sum of £70 be paid.

 

 

124     STREET TRADING CONSENT - THE ESPLANADE, PENARTH: MRS. MARGARET DAVIES (DLPPHS) -

 

An application had been received from Mrs. Margaret Davies to trade on The Esplanade, Penarth in connection with Penarth Holiday Festival between the 12^th and 22^nd July, 2007, excluding 21^st July, 2007.  The applicant wished to sell paintings, drawings and art work.  Consultations had taken place and no objections and been received.  The application fee of £40 had been paid but the applicant had requested that the balance of any fee be waived.

 

Mrs. Davies attended the Committee meeting and indicated that the artists displaying work were amateurs and many did not actually sell any paintings.  Licensing Officers confirmed that if it was an exhibition of paintings a Street Trading consent was not necessary but if any sales at all were made, then it was street trading.  Mrs. Davies indicated that the display of art work generated a lot of interest.  Many of the artists were pensioners and it was difficult for them to find the cost of the application fee and there was now the possibility of an additional sum being requested.  Members indicated that they were sympathetic but the Council had to bear the cost of all the administration in connection with street trading and queried whether Penarth Town Council could offer financial help.  Sian Bowden for Penarth Town Council advised that the Town Council paid for the staging of the event at a cost of £650.

 

RESOLVED - T H A T the application by Mrs. Margaret Davies to sell paintings, drawings and art work between the 12^th and 22^nd July, 2007, excluding 21^st July 2007, be granted and a balance of fee in the sum of £70 be paid.

 

 

125     PUBLIC PROTECTION - PROPOSED FEES AND CHARGES (DLPPHS) -

 

The Council delivered a number of chargeable services through the Directorate of Legal, Public Protection and Housing Services.  The report set out proposals for increases to fees and charges for the financial year 2007/08.  It was proposed to increase fees and charges to meet the cost of inflation and national pay awards and to reflect more accurately the costs of delivering services.  Under relevant legislation the Council was allowed to charge for certain services it provided.  Fees were generally set on a cost recovery basis and income generated directly supported service provision.

 

RESOLVED - T H A T the fees and charges for the financial year 2007/08 as set out below, be approved and implemented from 1^st July, 2007:

 

LICENSING FEES AND CHARGES

2007/2008

 

Animal Licences

 

The fees payable in respect of all animal licences will be as below plus the additional associated veterinary fees in determining the application or during the period for which the licence is valid.

 

* Application fee only, determination fee to be established by Licensing Committee

 

 

Riding Establishments Act 1964

 

 

Dangerous Wild Animals Act 1976

 

Variations to licences issued under the Dangerous Wild Animals Act 1976

will be charged at £95.00

                                     

                                                                       

Licensing Act 2003 (fees set by statute)

 

Band	A	B	C	D	E
Non Domestic Rateable Value	0 - £4,300	£4,301 - £33,000	£33,001 - £87,000	£87,001 - £125,000	£125,001 +
PREMISES LICENCES
Conversion, New Grant & Variations	£100	£190	£315	£450	£635
Multiplier (premises primarily or exclusively used for the supply of alcohol)	N/A	N/A	N/A	X 2 (£900)	X 3 (£1905)
Annual Charge	£70	£180	£295	£320	£350
Annual Charge Multiplier (premises primarily or exclusively used for the supply of alcohol)	N/A	N/A	N/A	X 2 (£640)	X3 (£1050)
CLUB PREMISES CERTIFICATES
Conversion, New Grant & Variation	£100	£190	£315	£450	£635
Annual Charge	£70	£180	£295	£320	£350

 

Additional Fees – Large Scale Events

 

Number in attendance at any one time	Additional Premises Licence Fee	Additional Annual Fee payable if applicable
5,000 – 9,999	£1,000	£500
10,000 – 14,999	£2,000	£1,000
15,000 – 19,999	£4,000	£2,000
20,000 – 29,999	£8,000	£4,000
30,000 – 39,999	£16,000	£8,000
40,000 – 49,999	£24,000	£12,000
50,000 – 59,999	£32,000	£16,000
60,000 – 69,999	£40,000	£20,000
70,000 – 79,999	£48,000	£24,000
80,000 – 89,999	£56,000	£28,000
90,000 and over	£64,000	£32,000

 

Miscellaneous Fees

 

Application for the Grant or Renewal of a Personal Licence	£37.00
Temporary Event Notice	£21.00
Theft, loss etc of Premises Licence Summary	£10.50
Application for Provisional Statement where premises being built etc	£315.00
Notification of change of name or address	£10.50
Application to vary licence to specify individual as Designated Premises Supervisor	£23.00
Application for Transfer of Premises Licence	£23.00
Interim Authority Notice following death etc of licence holder	£23.00
Theft, loss etc of Club Certificate or Summary	£10.50
Notification of change of name or alteration of the rules of the Club	£10.50
Change of Relevant Registered Address of the Club	£10.50
Theft, loss etc of Temporary Event Notice	£10.50
Theft, loss etc of Personal Licence	£10.50
Duty to notify change of name or address	£10.50
Right of Freeholder etc to be notified of licensing matters	£21.00

 

 

Other Licences

 

*Application fee only; balance of fee to be determined by Licensing Committee if application is granted

 

(All the above charges are outside scope VAT)

 

 

Poisons Act

 

Initial registration                                                                                           28.23

Re-registration                                                                                              14.89

Change in details of registration                                                                        7.60

 

 

Explosives Now the manufacture and Storage of Explosives Regulations   2005 {Statutory}

 

Grant of a Licence to store explosives (1 yr)                                                    144.00 

Renewal of a Licence to store explosives (1 yr)                                                  79.00

Grant of a Registration to store explosives (1 yr)                                                86.00

Renewal of a Registration to store explosives (1 yr)                                            43.00

Licence for year round sales local authority (1 year)                                          500.00

Varying, transferring or replacing licence                                                           32.00

 

Petroleum   {Statutory}

 

Licence to keep petroleum spirit of a quantity

not exceeding 2,500 litres                                                                              39.00 

Exceeding 2,500 but not exceeding 50,000 litres                                              54.00

Exceeding 50,000 litres                                                                                111.00

Transfer of licence                                                                                          8.00

 

Visits carried out partly or entirely outside normal office hours may incur a surcharge of 50% on the standard fee or on the standard hourly rate per officer per hour.

 

Motor Salvage Operators

 

Three year registration fee                                                                         £100.00

 

 

 (All the above charges are outside scope VAT)