Agenda Item No 3

The Vale of Glamorgan Council

 

Licensing Sub Committee: 18th June 2018

 

Report of the Licensing Authority

 

Licensing Act 2003 - Application for the Grant of a Premises Licence - The Plug, 13a/15 Station Road, Dinas Powys, CF64 4DE

 

Purpose of the Report

  1. To consider an application under the Licensing Act 2003 for the grant of a Premises Licence at the above premises submitted by Mr Peter Lewis.

Recommendation

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.

Background

  1. 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

This application was submitted on 23rd April 2018.  The operating schedule of the application states that the application is for a premises licence to allow the Sale of Alcohol and Regulated Entertainment at the premises, currently a café and coffee shop.  The full operating schedule and plan relating to the application are attached as Appendix A to this report. 

Relevant Issues and Options

  1. The application seeks authorisation for the following licensable activities to be carried out at the premises;

Sale of Alcohol, Provision of Live Music and the Playing of Recorded Music

08:00 to 23:00 seven days a week

  1. Members are advised that since the Deregulation Act 2015, the provision of live and recorded music between the hours of 08:00 and 23:00 in premises licensed for the 'on sale' of alcohol, no longer requires a licence.  Furthermore, the provision of music on relevant licensed premises between these hours cannot be subject to licence conditions.
  2. However, if Members resolved to refuse the application for the sale of alcohol, or reduce the hours during which alcohol can be sold; the application for Regulated Entertainment would need to be considered separately.
  3. 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 authority has received four relevant representations from during the consultation period.

  1. On 18th May 2018 representations were received from the Shared Regulatory Services Environmental Health Team. A copy of the representations is attached at Appendix B. to this Report.
  2. Three representations were received from 'other persons' during the consultation period and copies of these are attached at Appendix C to the Report.
  3. 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.  For this reason some sections of the representations have been redacted.
  4. 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. 
  5. 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.

  1. 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)

  1. 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

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. 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.

  1. 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.
  2. 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

  1. 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)

  1. The Licensing Authority is obliged to deal with all Licensing Act 2003 applications on an impartial and equitable basis.

Corporate/Service Objectives

  1. 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

  1. The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

  1. The statutory 28 day consultation period for this application has been completed.

Relevant Scrutiny Committee

  1. Homes and Safe Communities

Background Papers

  1. 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.

Contact Officer

Yvonne Witchell, Team Manager Licensing 01446 709738

Officers Consulted

Ceri Barnett -Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.