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RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act. Having regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2000, particularly those identified in the agenda item, and paragraph 2.21, to which it had been referred by counsel for the applicants it was: UNANIMOUSLY RESOLVED, having considered all the evidence before it, the application should be granted, subject to the additional licence conditions agreed between the Police and the applicant. In coming to its decision, the Sub Committee made the following findings of fact; • The premises already has a premises licence authorising the sale of alcohol for consumption off the premises; • No real evidence has been presented demonstrating any alcohol related crime and disorder at the premises or in the vicinity of the premises or linked to alcohol sales from it; • The police had made no objection to the application on Crime and Disorder grounds. The police had requested additional licence conditions be added to the licence which had been accepted by the applicant. • No other Responsible Authority had made any representation in relation to the application. The Committee acknowledged the genuine and heartfelt concerns expressed by the 2 members of the public in the representations located at Appendix D. In coming to its decision, the Sub Committee was bound by the decision of the High Court in the case of Daniel Thwaites PLC v Wirral Borough Magistrates Court (2008) in which it was held that when determining licensing applications such as this one, Licensing Committees should; • Attach weight to the views of the Responsible authorities AND • Take the approach that concerns and fears about what might happen if an application were granted, where unsupported by real evidence, are not matters that should be taken into consideration. The Sub Committee was of the view that no real evidence had been presented demonstrating any link between alcohol sales at the premises and alcohol related crime and disorder in the vicinity. The evidence of the local residents therefore was not sufficient to outweigh the views of the police and the absence of any objection from the other responsible authorities. The Sub Committee was satisfied on balance therefore that to grant the application subject to the additional licence conditions agreed between the police and the applicant would not undermine the licensing objectives and that those additional conditions were an appropriate response to the matters raised.
There were no declarations of personal interest.
Y penderfyniad fel y'i cofnodwyd
RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act. Having regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2000, particularly those identified in the agenda item, and paragraph 2.21, to which it had been referred by counsel for the applicants it was: UNANIMOUSLY RESOLVED, having considered all the evidence before it, the application should be granted, subject to the additional licence conditions agreed between the Police and the applicant. In coming to its decision, the Sub Committee made the following findings of fact; • The premises already has a premises licence authorising the sale of alcohol for consumption off the premises; • No real evidence has been presented demonstrating any alcohol related crime and disorder at the premises or in the vicinity of the premises or linked to alcohol sales from it; • The police had made no objection to the application on Crime and Disorder grounds. The police had requested additional licence conditions be added to the licence which had been accepted by the applicant. • No other Responsible Authority had made any representation in relation to the application. The Committee acknowledged the genuine and heartfelt concerns expressed by the 2 members of the public in the representations located at Appendix D. In coming to its decision, the Sub Committee was bound by the decision of the High Court in the case of Daniel Thwaites PLC v Wirral Borough Magistrates Court (2008) in which it was held that when determining licensing applications such as this one, Licensing Committees should; • Attach weight to the views of the Responsible authorities AND • Take the approach that concerns and fears about what might happen if an application were granted, where unsupported by real evidence, are not matters that should be taken into consideration. The Sub Committee was of the view that no real evidence had been presented demonstrating any link between alcohol sales at the premises and alcohol related crime and disorder in the vicinity. The evidence of the local residents therefore was not sufficient to outweigh the views of the police and the absence of any objection from the other responsible authorities. The Sub Committee was satisfied on balance therefore that to grant the application subject to the additional licence conditions agreed between the police and the applicant would not undermine the licensing objectives and that those additional conditions were an appropriate response to the matters raised.
The Legal Services Manager briefed all present on the procedure for the meeting, which had been convened to consider an application received from VST Forecourts Limited to vary the premises licence in respect of Park Street Garage, Ammanford, SA18 2ET. • Late Night Refreshment - Monday to Sunday 23:00-05:00. • Sale of Alcohol – Monday to Sunday 00:00-24:00, off the premises only • Opening Hours - Monday to Sunday 00:00-24:00 The application had been put before the Sub-Committee, following receipt of representations regarding the proposed operation of the premises in relation to alcohol sales at the premises and alcohol related crime and disorder in the vicinity. The Sub-Committee noted the following documentation was attached to the report:- Appendix A – The original application and the applicant’s response to the representations made; Appendix B – Copy of the current licence; Appendix C – Dyfed Powys Police Representation; Appendix D – Other Persons Representations. Other Responsible Authorities had made no representations in respect of the application. The Sub Committee received an oral representation from Mr. Dennis James on behalf of the applicant. The Sub Committee noted that the Police representations had been agreed by the applicant. The Sub Committee also had regard to relevant paragraphs of the Licensing Authority’s Statement of Licensing policy and of Guidance issued by the DCMS and Home Office identified in the agenda item, and those to which it had been referred by the parties. The Sub-Committee thereupon UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act. Having regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2000, particularly those identified in the agenda item, and paragraph 2.21, to which it had been referred by counsel for the applicants it was: UNANIMOUSLY RESOLVED, having considered all the evidence before it, the application should be granted, subject to the additional licence conditions agreed between the Police and the applicant. In coming to its decision, the Sub Committee made the following findings of fact; • The premises already has a premises licence authorising the sale of alcohol for consumption off the premises; • No real evidence has been presented demonstrating any alcohol related crime and disorder at the premises or in the vicinity of the premises or linked to alcohol sales from it; • The police had made no objection to the application on Crime and Disorder grounds. The police had requested additional licence conditions be added to the licence which had been accepted by the applicant. • No other Responsible Authority had made any representation in relation to the application. The Committee acknowledged the genuine and heartfelt concerns expressed by the 2 members of the public in the representations located at Appendix D. In coming to its decision, the Sub Committee was bound by the decision of the High Court in the case of Daniel Thwaites PLC v Wirral Borough Magistrates Court (2008) in which it was held that when determining licensing applications such as this one, Licensing Committees should; • Attach weight to the views of the Responsible authorities AND • Take the approach that concerns and fears about what might happen if an application were granted, where unsupported by real evidence, are not matters that should be taken into consideration. The Sub Committee was of the view that no real evidence had been presented demonstrating any link between alcohol sales at the premises and alcohol related crime and disorder in the vicinity. The evidence of the local residents therefore was not sufficient to outweigh the views of the police and the absence of any objection from the other responsible authorities. The Sub Committee was satisfied on balance therefore that to grant the application subject to the additional licence conditions agreed between the police and the applicant would not undermine the licensing objectives and that those additional conditions were an appropriate response to the matters raised.
Rhaid i gynghorwyr ddweud pan fydd ganddyn nhw gysylltiad personol â rhywbeth sy'n cael ei drafod, fel swydd, eiddo neu aelod o'r teulu. Mae buddiant sy'n rhagfarnu yn ddigon cryf i'r cynghorydd adael yr ystafell fel arfer a pheidio â chymryd rhan.
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