Agenda Item No 3
The Vale of Glamorgan Council
Statutory Licensing-Sub Committee: 2nd June 2017
Report of the Licensing Authority
Licensing Act 2003 - Application for the Variation of a Premises Licence - Athena Take Away, 7 Broad Street, Barry, CF62 7AA
Purpose of the Report
- To consider an application under the Licensing Act 2003 ("the Act") for the variation of a Premises Licence at 7 Broad Street, Barry, CF62 7AA, now known as Athena Take Away, made by Nadeem and Farzana Amin.
- 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. There are no mandatory conditions attached to a Premises Licence for the provision of Late Night Refreshment only.
Reason for the Recommendation
To advise the Members of the relevant options available to them under the Licensing Act 2003 in determining this matter.
- The Licensing Act 2003 centres around 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 10th October 2005 a Premises Licence was granted for 7 Broad Street, Barry under The Licensing Act 2003. A copy of the current Licence is attached to this Report at Appendix A.
- On 6th April 2017 an application for the variation of the Premises Licence was received by the Licensing Authority. A copy of the application form is attached at Appendix B to this Report.
Relevant Issues and Options
- The variation application for consideration seeks to vary the Premises Licence as follows;
Late Night Refreshment
Mon to Thurs 23.00 to 01.00
Fri & Sat 23.00 to 02.00
Sun 23.00 to Midnight
Sun to Thurs 23.00 to 01.00
Fri & Sat 23.00 to 03.30
A number of specified dates
23.00 to 04.00
- 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.
- On 19th April 2017 a representation was received from South Wales Police. A copy of the representations is attached to the Report at Appendix C.
- On 2nd May 2017 a representation was received from the Environmental Health Department. The representation is attached to the Report at Appendix D.
- On 3rd May 2017 a representation was received from Cllr Rhona Probert. A copy of the representation is attached to the Report at Appendix E.
- There were no other representations received from Responsible Authorities or 'other persons'.
- Each of the representations raises concerns regarding the licensing objectives and issues in the wider vicinity of the premises arising from the concentration of late night businesses in the area.
- Whilst there is no Cumulative Impact Policy in place for the area, the Licensing Act 2003 Guidance, point 14,33, states;
The absence of a special policy does not prevent any responsible authority or other person making a representation on an application for the grant or variation of a licence on the grounds that the premises will give rise to a negative cumulative impact on one or more of the 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 35 of the Licensing Act 2003 - Determination of application to vary a Premises Licence - provides that;
This section applies where the relevant licensing authority-
receives an application, made in accordance with section 34, to vary a premises licence, and
is satisfied that the applicant has complied with any requirement imposed by virtue of subsection (5) of that section.
- 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, 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.