Agenda Item No 3
The Vale of Glamorgan Council
Statutory Licensing-Sub Committee: 21st April 2017
Report of the Licensing Authority
Licensing Act 2003 - Application for a Premises Licence - Llancarfan Village Hall, Llancarfan, CF62 3AD
Purpose of the Report
- To consider an application under the Licensing Act 2003 ("the Act") for a Premises Licence for Llancarfan Village Hall by Llancarfan and District Community Association; (LDCA) this includes a separate application for the inclusion of the alternative licence condition disapplying the requirement for a Designated Premises Supervisor.
- The Sub-Committee is required to determine the applications 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 applications, 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 age verification policy and irresponsible sales of alcohol, but the condition requiring a Designated Premises Supervisor would be disapplied.
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
- Public Safety
- The prevention of public nuisance
- The protection of children from harm
- On 24th February 2017 an application for a Premises Licence was received by the Licensing Authority. The application form is attached at Appendix A to this Report.
Relevant Issues and Options
- The Act makes special provision for community premises to enable the management committee to take control of the sale by retail of alcohol. In respect of the first aspect of this application therefore, the licensing authority is requested to consider the application for the mandatory condition requiring a Designated Premises Supervisor in respect of the licence, to be disapplied.
- The 'alternative' mandatory condition to be imposed is as follows; every supply of alcohol under the premises licence must be made or authorised by the management committee.
- The Licensing Authority must be satisfied that the supervision and management of the sale of alcohol on the premises by the Llancarfan and District Community Association will be sufficient to uphold the licensing objectives.
- As recommended by the statutory guidance, the application includes a copy of the premises Hiring Agreement and Standard Conditions of Hire for All Users which covers all four of the licensing objectives.
- Members are advised that the South Wales Police has not submitted a representation or objection in respect of the inclusion of the alternative licence condition in this case, and therefore no hearing of this issue is necessary and the application may be determined.
- In respect of the second part of this application, 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.
- During the consultation period two representations were received from 'other persons'. No representations were submitted by the Responsible Authorities. The 'other party' representations are attached at Appendix B to this Report.
- Although many of the points included in the representations are not relevant considerations under the Licensing Act 2003, both refer to previous events at the premises where there have been instances of public nuisance. The prevention of public nuisance is a licensing objective.
- 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 - Determination of application for Premises Licence - provides that;
(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 application
Sub Section (3) applies in this case in that the representations received have not been withdrawn and the authority must therefore hold a hearing to consider them and having regard to the representations take such steps as are appropriate for the promotion of the licensing objectives.
- Sections 25A(1) and 41D(1) and (2) of the 2003 Act allow applications by community premises to apply the alternative licence condition rather than the usual mandatory conditions in Sections 19(2) and 19(3) of the 2003 Act only where the applicant for the licence is a management committee of the premises in question.
- Sections 25A(6) and 41D(5) require the Licensing Authority to be satisfied that the arrangements for the management of the premises by the committee are sufficient to ensure the adequate supervision of the supply of alcohol on the premises.
- 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 must have regard to the relevant sections of the statutory guidance issued under Section 182 of the Licensing Act 2003 and the Vale of Glamorgan Council's Statement of Licensing Policy, Sections 3,7, 8, and 12.
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 01656 643105
Richard Price -Legal Officer
The Vale of Glamorgan Council's Licensing Authority.