Agenda Item No
The Vale of Glamorgan Council
Statutory Licensing Sub Committee: 22 March 2017
Report of the Licensing Authority
Licensing Act 2003 - Temporary Event Notice: Bluebell Meadow Llancarfan - Sections 104 Objection Notices
Purpose of the Report
- To consider objection notices submitted by the South Wales Police and Shared Regulatory Services (Environmental Health) in respect of a Temporary Event Notice served on the licensing authority.
Having regard to the Objection Notices, the licensing authority may give the premises user a counter notice under Section 105 of the Licensing Act 2003 if it considers it appropriate for the promotion of the licensing objectives to do so.
Reason for the Recommendation
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
- Public Safety
- The prevention of public nuisance
- The protection of children from harm
Relevant Issues and Options
- On the 9 March 2017 licensing authority received a Temporary Event Notice ("TEN") from Amber Nichols ("the premises user") in respect of an Open Pasture Field in Llancarfan Vale of Glamorgan CF62 3AD being approximately 6.6 acres of flat pasture land with water onsite and vehicle access.
- The event is described as a live music event with marquee, food, alcohol, trade stands, food stalls, bouncy castle supported by local charity. The music type is described as acoustic music, rock music and blues.
- The licensable activities set out in the Notice are the sale by retail of alcohol and the provision of regulated entertainment both to take place on Saturday 29 July 2017 between 1230 hours and 2000 hours. The maximum number of persons is stated to be 499.
- The premises user served a copy of the Temporary Event Notice upon the South Wales Police and the Shared Regulatory Services and both agencies have served Objection Notices in relation to the Temporary Event Notice to the licensing authority. A copy of the Objection Notice has been served on the premises user by email. Details of the objection are set out in the Objection Notices at Appendix A.
- The licensing authority is aware that it is possible for the premises user and the South Wales Police and Environmental Health Team to enter into a period of discussion regarding the objections raised and that Section 106 of the Act enables the modification of the Temporary Event Notice with the agreement of all parties. Members are advised that the timescales governing Temporary Event Notices are relatively short and that, at the time this report was dispatched, the licensing authority had not been notified that any party had reached agreement.
- The Objection Notices are therefore to be treated as not having been withdrawn. There are no policies relating to Temporary Event Notices within the Council's Statement of Licensing Policy. The Sub-Committee must have regard to the statutory guidance issued by the Home Office under Section 182 of the Licensing Act 203. Section 7 relates to Temporary Event Notices.
- This hearing must therefore consider the points raised in the Objection Notices and make a determination on the Temporary Event Notice. Having considered the Objection Notices, the Sub-Committee has the following options:
- Allow the licensable activities to go ahead as stated in the Temporary Event Notice (TEN);
- If the TEN is in connection with a licensed premises, the licensing authority, may also impose one or more of the existing licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives;
- If it considers that the event would undermine the licensing objectives and should not take place, give a counter notice.
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)
- Upon receipt of a Temporary Event Notice the Relevant Persons may issue an Objection Notice. In these circumstances it is the duty of the licensing authority to hold a hearing to consider the Objection Notice, unless the premises user, the Relevant Persons which gave the Objection Notice and the authority agree that a hearing is unnecessary; and, having regard to the Objection Notice, give the premises user a counter notice under Section 105 of the Licensing Act 2003 if it considers it appropriate for the promotion of the licensing objectives to do so.
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 consultation period for this Notice 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 01656 643105
Richard Price -Legal Officer
The Vale of Glamorgan Council's Licensing Authority.