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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12A to the Local Government Act 1972. Having had regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was: UNANIMOUSLY RESOLVED having considered all the evidence before it, that the application for the variation of the premises licence be granted subject to the additional control measures agreed between the Applicant and the Police. In coming to its decision, Sub-Committee made the following findings of fact; • The premises are located in an area identified in the Council’s Statement of Licensing policy as a crime and disorder hotspot. • The premises are located close to but outside the cumulative impact zone identified in the Council’s statement of Licensing Policy • There has been a licensed premises at this location for a number of years and there are several other licensed premises nearby. • None of the Responsible Authorities object in principle to the granting of the application. • The Police have requested additional licence conditions be added to the licence in response to this application. • The Applicant has accepted these additional licence conditions. • The applicant has used Temporary Event Notices (TENs) to operate extended hours with no issues experienced during those extended hours. In coming to its decision the committee had, as required by law, attached weight to the views of the Police and the fact that no other Responsible Authorities had felt the need to make representations in response to this application. Similarly, the Sub-Committee noted that legally, concerns and fears about what might happen if the application were granted, which were unsupported by real evidence, are not matters which it could take into account. No evidence had been placed before the Sub-Committee regarding how the current operation of the premises impacts upon alcohol related crime and disorder in the vicinity. No evidence had been produced to suggest that the premises was poorly run or that the applicant would be unable to appropriately manage any impacts arising from the application if it were to be granted. No evidence had been placed before the Sub-Committee to demonstrate any link between the operation of the premises and road safety issues on nearby roads. The Sub-Committee acknowledged the genuine and heartfelt concerns of local people as set out in the representations received from the Glanymor & Tyisha Safer Communities Action Group. However, as indicate above, the Sub-Committee must make its decision in accordance with the law. Any decision which does otherwise will inevitably be overturned on appeal. On balance therefore the Sub-Committee believed that to grant the premises licence, subject to the agreed additional licence conditions, would not undermine the Licensing Objectives and that those conditions are an appropriate and proportionate response to the issues identified in the representations received by the Licensing Authority in relation to this application.
There were no declarations of personal interest.
Decision as recorded
RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12A to the Local Government Act 1972. Having had regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was: UNANIMOUSLY RESOLVED having considered all the evidence before it, that the application for the variation of the premises licence be granted subject to the additional control measures agreed between the Applicant and the Police. In coming to its decision, Sub-Committee made the following findings of fact; • The premises are located in an area identified in the Council’s Statement of Licensing policy as a crime and disorder hotspot. • The premises are located close to but outside the cumulative impact zone identified in the Council’s statement of Licensing Policy • There has been a licensed premises at this location for a number of years and there are several other licensed premises nearby. • None of the Responsible Authorities object in principle to the granting of the application. • The Police have requested additional licence conditions be added to the licence in response to this application. • The Applicant has accepted these additional licence conditions. • The applicant has used Temporary Event Notices (TENs) to operate extended hours with no issues experienced during those extended hours. In coming to its decision the committee had, as required by law, attached weight to the views of the Police and the fact that no other Responsible Authorities had felt the need to make representations in response to this application. Similarly, the Sub-Committee noted that legally, concerns and fears about what might happen if the application were granted, which were unsupported by real evidence, are not matters which it could take into account. No evidence had been placed before the Sub-Committee regarding how the current operation of the premises impacts upon alcohol related crime and disorder in the vicinity. No evidence had been produced to suggest that the premises was poorly run or that the applicant would be unable to appropriately manage any impacts arising from the application if it were to be granted. No evidence had been placed before the Sub-Committee to demonstrate any link between the operation of the premises and road safety issues on nearby roads. The Sub-Committee acknowledged the genuine and heartfelt concerns of local people as set out in the representations received from the Glanymor & Tyisha Safer Communities Action Group. However, as indicate above, the Sub-Committee must make its decision in accordance with the law. Any decision which does otherwise will inevitably be overturned on appeal. On balance therefore the Sub-Committee believed that to grant the premises licence, subject to the agreed additional licence conditions, would not undermine the Licensing Objectives and that those conditions are an appropriate and proportionate response to the issues identified in the representations received by the Licensing Authority in relation to this application.
The Legal Services Manager briefed all present on the procedure for the meeting which had been convened to consider an application to vary a premises licence received from Metropolitan, 1 Station Road, Llanelli SA15 1AE. The variation sought to increase the licensed hours for the following: · Every Friday and Saturday and also every Sunday before Bank Holiday, Boxing Day and New Years Eve for Supply of Alcohol, Regulated Entertainment and Late-Night Refreshment to 05:00; · Increase the Hours Premises are open to the public on the above days to 05:30; and · To show the new kitchen on the licence plan. The Sub-Committee noted that the following documentation was attached to the report:- Appendix A – Copy of the original application; Appendix B – Copy of the current Premises Licence; Appendix C – Dyfed Powys Police representations; Appendix D – Other representations. In addition, the following supplementary information had been circulated to all parties in advance of the meeting:- · Representations from Glanymor & Tyisha Safer Communities Action Group. The Sub-Committee was advised that the additional control measures proposed by Dyfed Powys Police as detailed within Appendices C to the report had been agreed by the applicant. The Sub-Committee received oral representations from the applicant and the DPS for the premises. Reference was made to the objection received as detailed in Appendix D and additional supplementary information of the report and which centred upon noise nuisance and disturbances, road safety and the exacerbation of existing drug and alcohol issues. All parties were afforded the opportunity of questioning the applicant on the representations made. The sub-committee thereupon UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12A to the Local Government Act 1972. Having had regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was: UNANIMOUSLY RESOLVED having considered all the evidence before it, that the application for the variation of the premises licence be granted subject to the additional control measures agreed between the Applicant and the Police. In coming to its decision, Sub-Committee made the following findings of fact; • The premises are located in an area identified in the Council’s Statement of Licensing policy as a crime and disorder hotspot. • The premises are located close to but outside the cumulative impact zone identified in the Council’s statement of Licensing Policy • There has been a licensed premises at this location for a number of years and there are several other licensed premises nearby. • None of the Responsible Authorities object in principle to the granting of the application. • The Police have requested additional licence conditions be added to the licence in response to this application. • The Applicant has accepted these additional licence conditions. • The applicant has used Temporary Event Notices (TENs) to operate extended hours with no issues experienced during those extended hours. In coming to its decision the committee had, as required by law, attached weight to the views of the Police and the fact that no other Responsible Authorities had felt the need to make representations in response to this application. Similarly, the Sub-Committee noted that legally, concerns and fears about what might happen if the application were granted, which were unsupported by real evidence, are not matters which it could take into account. No evidence had been placed before the Sub-Committee regarding how the current operation of the premises impacts upon alcohol related crime and disorder in the vicinity. No evidence had been produced to suggest that the premises was poorly run or that the applicant would be unable to appropriately manage any impacts arising from the application if it were to be granted. No evidence had been placed before the Sub-Committee to demonstrate any link between the operation of the premises and road safety issues on nearby roads. The Sub-Committee acknowledged the genuine and heartfelt concerns of local people as set out in the representations received from the Glanymor & Tyisha Safer Communities Action Group. However, as indicate above, the Sub-Committee must make its decision in accordance with the law. Any decision which does otherwise will inevitably be overturned on appeal. On balance therefore the Sub-Committee believed that to grant the premises licence, subject to the agreed additional licence conditions, would not undermine the Licensing Objectives and that those conditions are an appropriate and proportionate response to the issues identified in the representations received by the Licensing Authority in relation to this application.
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