Agenda Item No 3

The Vale of Glamorgan Council

Statutory Licensing Sub Committee: 16th July 2018

Report of the Licensing Authority

Licensing Act 2003 - Application for the Variation of a Premises Licence - Pizza Hot 4 U, 5 Broad Street, Barry

Purpose of the Report

  1. To consider an application under the Licensing Act 2003 ("the Act") for the variation of a Premises Licence at the above premises submitted by Dariosh Fazeli the premises licence holder.  

Recommendations

  1. 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. 
  2. 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 apply to the licence in respect of a Designated Premises Supervisor, age verification policy and authorisation by personal licence.

Reason for the Recommendations

1-2.     To advise the Members of the relevant options available to them under the Licensing  Act 2003 in determining this matter.

Background

  1. 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
  1. The current Premises Licence was originally issued in January 2006. A copy of the current Licence is attached to this Report at Appendix A.
  2. On 24th May 2018 an application for the variation of the Premises Licence was received by the Licensing Authority.  A copy of the relevant parts of the application form is attached at Appendix B to this Report.

Relevant Issues and Options

  1. The nature of the proposed variation is outlined in the application as:

To vary the current permitted hours of the licence for the licensable activity of late night refreshment:

Friday and Saturday from 23:00 - 02:00 hours, to 23:00 - 04:00 hours and add unspecified Bank Holidays from 23:00 - 04:00 hours.

  1. 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.
  2. The Authority has received a relevant representation from the Responsible Authority Shared Regulatory Services Environmental Health Team.  The representation is attached to the Report at Appendix C
  3. The South Wales Police has submitted representations which are attached at Appendix D.
  4. 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. 
  5. 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. 
  6. 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 35 of the Licensing Act 2003 - Determination of  an application to vary a Premises Licence - provides that;
  2. (1)   This section applies where the relevant licensing authority-

(a) receives an application to vary a Premises Licence made in accordance with section 34, and

(b) is satisfied that the applicant has complied with any requirement imposed on the applicant under subsection (5) of that section.

and,

(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

  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 and 12.  There are no local policies in place for this type of premises.

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.
  2. 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 709105

Officers Consulted

Richard Price -Legal Officer

Responsible Officer:

The Vale of Glamorgan Council's Licensing Authority.