The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
Resolved that, having regard to the merits of this matter, including the promotion of the four Licensing Objectives, it was appropriate and proportionate to Modify/Vary the Licence, subject to conditions consistent with the operating schedule. The permissions are: g. Opening hours ii. Monday to Sunday, 00:00 hours – 24:00 hours; h. Sale of alcohol (on the Premises only) ii. Monday to Sunday, 00:00 hours – 24:00 hours. The following conditions were volunteered by the Applicant, and the conditions imposed are: The prevention of crime and disorder a. The sale or supply of high strength alcohol products shall not be permitted at the Premises. b. At all times the Premises is open to the public, a minimum of two members of staff shall be on the Premises. c. A digital closed-circuit television (“CCTV”) system shall be installed and maintained (or existing system maintained) in effective working order at the Premises. The CCTV will be operational at all times when the Premises is open to the public, and capable of providing pictures/ photographs/ images/ video of evidential quality in all lighting conditions, particularly facial identification. CCTV camera angles are not to be obstructed. d. Access to CCTV recordings shall be restricted to the DPS, the Premises Licence Holder, premises management, the Police, authorised officer[s] of the Licensing Authority or other Responsible Authorities. e. The CCTV system recordings must be correctly time and date stamped, and retained and stored in a suitable and secure manner for a minimum of 31 days, and shall be made available on request to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities. f. The CCTV system must provide coverage of the following areas: i. The entrance[s] and exit[s] to the Premises; ii. All alcohol display area[s] and shelving; iii. The till and point of sale area[s]; iv. Any areas where cash and/or high value goods are stored. g. At all times the Premises is open to the public between the hours of 09:00 hours and 17:00 hours daily, there shall be a minimum of one member of staff on duty at the Premises, who is conversant with the operation of the CCTV system, shall be on the Premises and will be able to operate the CCTV system. Outside of these hours, the Premises Licence Holder, DPS or another member of staff, shall remain contactable and shall be able to provide access to any relevant CCTV data and/or footage to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities within three hours of a lawful request being made. h. The member of staff who is able to operate the CCTV system must be able to show and provide the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities viewable copies of recent data or CCTV recordings (including footage, images and/or data) in a recordable format (e.g. USB, on-line evidence facility or disk) as soon as reasonably practicable in accordance with the Data Protection Act 2018 and/or UK-GDPR (or other replacement legislation). i. The Premises Licence Holder shall notify the Licensing Authority within 24 hours when they become aware that the CCTV system provided is not in operation. j. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating that CCTV is in operation at the Premises, and is subject to the UK-GDPR and Data Protection Act 2018. The signage shall be kept free from obstructions at all times. k. All tills shall automictically prompt staff to ask for age verification identification when presented with an alcohol sale and/or age restricted product[s]. l. A Challenge 25 Policy shall be operated at the Premises. Staff selling alcohol shall request that any customer who looks under 25 years old, and who is attempting to purchase or consume alcohol, provides valid photographic identification proving that they are at least 18 years old. The only acceptable forms of identification are recognised photographic identification cards which bears their photograph, date of birth and a holographic mark such as: i. Any Proof of Age card with P.A.S.S. hologram, citizen card; ii. Proof GB; iii. Photographic driving licence or passport. m. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating to the effect that a Challenge 25 Policy is in operation at the Premises, that customers may be asked to provide proof of age, and what the acceptable terms of proof of age are. The signage shall be kept free from obstructions at all times. n. A refusal register recording book (whether kept in written or electronic form) of refused sales shall be maintained in order to demonstrate effective operation of the Challenge 25 Policy. The register will record: the date and time of all attempts by persons under the age of 18 to purchase alcohol and of any other refused sales; and the name of the member of staff. The register shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. The DPS shall review the refusal register recording book no less than once per week to identify patterns or recurring issues and shall take appropriate remedial actions where necessary. o. All staff that undertake the sale and supply of alcohol on the Premises shall receive full training pertinent to the Licensing Act 2003 (including, but not limited, in regard to: age-restricted sales; Challenge 25 Policy; and the refusal of sales to persons believed to be under the influence of alcohol or drugs) before they are allowed to sell or supply any alcohol to the public at the Premises or during deliveries. Refresher training will be carried out every eight months for all staff and documented within the training record book. p. A training record book (whether kept in written or electronic form) of such training shall be kept / be accessible at the Premises at all times and be made immediately available for inspection at the Premises to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities on request. The training record shall include the trainee’s name, the trainer’s name, the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. q. An incident logbook (whether kept in written or electronic form) shall be kept and maintained on the Premises and made available for inspection on request to the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities. The incident logbook will be completed within 24 hours if the incident and must record the following: i. All crime reported to the Premises; ii. All ejections of customers; iii. Any faults in the CCTV system; iv. Any visit by any Responsible Authorities or emergency services. The log must include the date, time, name of the member of staff making the record, details of the incident and any action taken. r. A controlled entry system shall be implemented where reasonably practicable. The Premises Licence Holder and/or the DPS shall maintain regular liaison with the Police and other relevant authorities and ensure that any incidents are escalated and communicated promptly. s. The Premises Licence Holder and/or DPS shall maintain and operate appropriate escalation procedures to address incidents of crime, disorder, or anti-social behaviour associated with the Premises. The prevention of public nuisance t. A complaint book (whether kept in written or electronic form) of all complaints received from local residents or businesses concerning the operation of the Premises shall be maintained and kept by the Premises Licence Holder. The book shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. u. Any complaints (including noise) received shall be logged and investigated and recorded within the complaints book within 48 hours after the complaint has been made. Details that shall be recorded upon receipt of the complaint are as follows i. Name and address of the complainant, what the complaint concerns, and where/how the complainant is impacted; ii. Validation/verification of the complaint i.e. details of the investigation findings; iii. Remedial action taken. If no remedial action is taken, justification must be provided instead; iv. Record of communication to the complainant[s] advising of what has been done to address their complaint[s]. v. Clear and legible signs shall be prominently displayed throughout the Premises and at all exits, requesting customers to respect the needs of local residents and to leave the Premises and area quietly. The signage shall be kept free from obstructions at all times. w. The placing of refuse – such as bottles – into receptacles outside the Premises must take place before 21:00 hours, which will minimise the disturbance to nearly properties. x. During the hours the Premises is open to the public, members of staff shall undertake checks at intervals of not less than four hours to ensure that adequate measures are in place to prevent the accumulation of litter or waste arising from customers in the area immediately outside the Premises, and to remove any such litter or waste as necessary. y. That the Premises Licence Holder provides local residents with a landline and/or mobile telephone number at the Premises. The telephone number must be manned at all times the Premises is open for business. Informative z. That the Premises Licence Holder is encouraged to form a live WhatsApp group with local residents to encourage dialogue between the Premises and the residents. Reasons: Overall, the Sub-Committee considered the representations and evidence from the Applicant; Other Person; South Wales Police, and Legal Regulatory Service were compelling and relevant. Members considered that the robust conditions had been agreed upon with the Responsible Authorities, and that the variation to the Licence did not cause them any sufficient concern. The variation was in-line with the Council’s Licensing Act Policy 2026 and the Statutory s.182 Guidance. Members were grateful to the Other Person for raising their concerns. The best and most efficient solution was to accept all the conditions proposed by the Police, the Legal Regulatory Service and the Applicant- as tight controls were required – to protect the local residents. The Sub-Committee considered the Licensing Objectives paramount and that the Applicant had met the standards of those Objectives. The conditions proposers attached to the variation to the Licence were proportionate.
The Chair welcomed all to the meeting
There were none.
There were no urgent items.
Decision as recorded
Resolved that, having regard to the merits of this matter, including the promotion of the four Licensing Objectives, it was appropriate and proportionate to Modify/Vary the Licence, subject to conditions consistent with the operating schedule. The permissions are: g. Opening hours ii. Monday to Sunday, 00:00 hours – 24:00 hours; h. Sale of alcohol (on the Premises only) ii. Monday to Sunday, 00:00 hours – 24:00 hours. The following conditions were volunteered by the Applicant, and the conditions imposed are: The prevention of crime and disorder a. The sale or supply of high strength alcohol products shall not be permitted at the Premises. b. At all times the Premises is open to the public, a minimum of two members of staff shall be on the Premises. c. A digital closed-circuit television (“CCTV”) system shall be installed and maintained (or existing system maintained) in effective working order at the Premises. The CCTV will be operational at all times when the Premises is open to the public, and capable of providing pictures/ photographs/ images/ video of evidential quality in all lighting conditions, particularly facial identification. CCTV camera angles are not to be obstructed. d. Access to CCTV recordings shall be restricted to the DPS, the Premises Licence Holder, premises management, the Police, authorised officer[s] of the Licensing Authority or other Responsible Authorities. e. The CCTV system recordings must be correctly time and date stamped, and retained and stored in a suitable and secure manner for a minimum of 31 days, and shall be made available on request to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities. f. The CCTV system must provide coverage of the following areas: i. The entrance[s] and exit[s] to the Premises; ii. All alcohol display area[s] and shelving; iii. The till and point of sale area[s]; iv. Any areas where cash and/or high value goods are stored. g. At all times the Premises is open to the public between the hours of 09:00 hours and 17:00 hours daily, there shall be a minimum of one member of staff on duty at the Premises, who is conversant with the operation of the CCTV system, shall be on the Premises and will be able to operate the CCTV system. Outside of these hours, the Premises Licence Holder, DPS or another member of staff, shall remain contactable and shall be able to provide access to any relevant CCTV data and/or footage to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities within three hours of a lawful request being made. h. The member of staff who is able to operate the CCTV system must be able to show and provide the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities viewable copies of recent data or CCTV recordings (including footage, images and/or data) in a recordable format (e.g. USB, on-line evidence facility or disk) as soon as reasonably practicable in accordance with the Data Protection Act 2018 and/or UK-GDPR (or other replacement legislation). i. The Premises Licence Holder shall notify the Licensing Authority within 24 hours when they become aware that the CCTV system provided is not in operation. j. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating that CCTV is in operation at the Premises, and is subject to the UK-GDPR and Data Protection Act 2018. The signage shall be kept free from obstructions at all times. k. All tills shall automictically prompt staff to ask for age verification identification when presented with an alcohol sale and/or age restricted product[s]. l. A Challenge 25 Policy shall be operated at the Premises. Staff selling alcohol shall request that any customer who looks under 25 years old, and who is attempting to purchase or consume alcohol, provides valid photographic identification proving that they are at least 18 years old. The only acceptable forms of identification are recognised photographic identification cards which bears their photograph, date of birth and a holographic mark such as: i. Any Proof of Age card with P.A.S.S. hologram, citizen card; ii. Proof GB; iii. Photographic driving licence or passport. m. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating to the effect that a Challenge 25 Policy is in operation at the Premises, that customers may be asked to provide proof of age, and what the acceptable terms of proof of age are. The signage shall be kept free from obstructions at all times. n. A refusal register recording book (whether kept in written or electronic form) of refused sales shall be maintained in order to demonstrate effective operation of the Challenge 25 Policy. The register will record: the date and time of all attempts by persons under the age of 18 to purchase alcohol and of any other refused sales; and the name of the member of staff. The register shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. The DPS shall review the refusal register recording book no less than once per week to identify patterns or recurring issues and shall take appropriate remedial actions where necessary. o. All staff that undertake the sale and supply of alcohol on the Premises shall receive full training pertinent to the Licensing Act 2003 (including, but not limited, in regard to: age-restricted sales; Challenge 25 Policy; and the refusal of sales to persons believed to be under the influence of alcohol or drugs) before they are allowed to sell or supply any alcohol to the public at the Premises or during deliveries. Refresher training will be carried out every eight months for all staff and documented within the training record book. p. A training record book (whether kept in written or electronic form) of such training shall be kept / be accessible at the Premises at all times and be made immediately available for inspection at the Premises to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities on request. The training record shall include the trainee’s name, the trainer’s name, the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. q. An incident logbook (whether kept in written or electronic form) shall be kept and maintained on the Premises and made available for inspection on request to the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities. The incident logbook will be completed within 24 hours if the incident and must record the following: i. All crime reported to the Premises; ii. All ejections of customers; iii. Any faults in the CCTV system; iv. Any visit by any Responsible Authorities or emergency services. The log must include the date, time, name of the member of staff making the record, details of the incident and any action taken. r. A controlled entry system shall be implemented where reasonably practicable. The Premises Licence Holder and/or the DPS shall maintain regular liaison with the Police and other relevant authorities and ensure that any incidents are escalated and communicated promptly. s. The Premises Licence Holder and/or DPS shall maintain and operate appropriate escalation procedures to address incidents of crime, disorder, or anti-social behaviour associated with the Premises. The prevention of public nuisance t. A complaint book (whether kept in written or electronic form) of all complaints received from local residents or businesses concerning the operation of the Premises shall be maintained and kept by the Premises Licence Holder. The book shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. u. Any complaints (including noise) received shall be logged and investigated and recorded within the complaints book within 48 hours after the complaint has been made. Details that shall be recorded upon receipt of the complaint are as follows i. Name and address of the complainant, what the complaint concerns, and where/how the complainant is impacted; ii. Validation/verification of the complaint i.e. details of the investigation findings; iii. Remedial action taken. If no remedial action is taken, justification must be provided instead; iv. Record of communication to the complainant[s] advising of what has been done to address their complaint[s]. v. Clear and legible signs shall be prominently displayed throughout the Premises and at all exits, requesting customers to respect the needs of local residents and to leave the Premises and area quietly. The signage shall be kept free from obstructions at all times. w. The placing of refuse – such as bottles – into receptacles outside the Premises must take place before 21:00 hours, which will minimise the disturbance to nearly properties. x. During the hours the Premises is open to the public, members of staff shall undertake checks at intervals of not less than four hours to ensure that adequate measures are in place to prevent the accumulation of litter or waste arising from customers in the area immediately outside the Premises, and to remove any such litter or waste as necessary. y. That the Premises Licence Holder provides local residents with a landline and/or mobile telephone number at the Premises. The telephone number must be manned at all times the Premises is open for business. Informative z. That the Premises Licence Holder is encouraged to form a live WhatsApp group with local residents to encourage dialogue between the Premises and the residents. Reasons: Overall, the Sub-Committee considered the representations and evidence from the Applicant; Other Person; South Wales Police, and Legal Regulatory Service were compelling and relevant. Members considered that the robust conditions had been agreed upon with the Responsible Authorities, and that the variation to the Licence did not cause them any sufficient concern. The variation was in-line with the Council’s Licensing Act Policy 2026 and the Statutory s.182 Guidance. Members were grateful to the Other Person for raising their concerns. The best and most efficient solution was to accept all the conditions proposed by the Police, the Legal Regulatory Service and the Applicant- as tight controls were required – to protect the local residents. The Sub-Committee considered the Licensing Objectives paramount and that the Applicant had met the standards of those Objectives. The conditions proposers attached to the variation to the Licence were proportionate.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed. Mr N.Chapple, Legal Regulatory Services Officer, introduced the report and outlined the key points in relation to the application. The applicant was present to give their representations. Decision: The Sub-Committee Resolved that, having regard to the merits of this matter, including the promotion of the four Licensing Objectives, it was appropriate and proportionate to Modify/Vary the Licence, subject to conditions consistent with the operating schedule. The permissions are: g. Opening hours ii. Monday to Sunday, 00:00 hours – 24:00 hours; h. Sale of alcohol (on the Premises only) ii. Monday to Sunday, 00:00 hours – 24:00 hours. The following conditions were volunteered by the Applicant, and the conditions imposed are: The prevention of crime and disorder a. The sale or supply of high strength alcohol products shall not be permitted at the Premises. b. At all times the Premises is open to the public, a minimum of two members of staff shall be on the Premises. c. A digital closed-circuit television (“CCTV”) system shall be installed and maintained (or existing system maintained) in effective working order at the Premises. The CCTV will be operational at all times when the Premises is open to the public, and capable of providing pictures/ photographs/ images/ video of evidential quality in all lighting conditions, particularly facial identification. CCTV camera angles are not to be obstructed. d. Access to CCTV recordings shall be restricted to the DPS, the Premises Licence Holder, premises management, the Police, authorised officer[s] of the Licensing Authority or other Responsible Authorities. e. The CCTV system recordings must be correctly time and date stamped, and retained and stored in a suitable and secure manner for a minimum of 31 days, and shall be made available on request to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities. f. The CCTV system must provide coverage of the following areas: i. The entrance[s] and exit[s] to the Premises; ii. All alcohol display area[s] and shelving; iii. The till and point of sale area[s]; iv. Any areas where cash and/or high value goods are stored. g. At all times the Premises is open to the public between the hours of 09:00 hours and 17:00 hours daily, there shall be a minimum of one member of staff on duty at the Premises, who is conversant with the operation of the CCTV system, shall be on the Premises and will be able to operate the CCTV system. Outside of these hours, the Premises Licence Holder, DPS or another member of staff, shall remain contactable and shall be able to provide access to any relevant CCTV data and/or footage to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities within three hours of a lawful request being made. h. The member of staff who is able to operate the CCTV system must be able to show and provide the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities viewable copies of recent data or CCTV recordings (including footage, images and/or data) in a recordable format (e.g. USB, on-line evidence facility or disk) as soon as reasonably practicable in accordance with the Data Protection Act 2018 and/or UK-GDPR (or other replacement legislation). i. The Premises Licence Holder shall notify the Licensing Authority within 24 hours when they become aware that the CCTV system provided is not in operation. j. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating that CCTV is in operation at the Premises, and is subject to the UK-GDPR and Data Protection Act 2018. The signage shall be kept free from obstructions at all times. k. All tills shall automictically prompt staff to ask for age verification identification when presented with an alcohol sale and/or age restricted product[s]. l. A Challenge 25 Policy shall be operated at the Premises. Staff selling alcohol shall request that any customer who looks under 25 years old, and who is attempting to purchase or consume alcohol, provides valid photographic identification proving that they are at least 18 years old. The only acceptable forms of identification are recognised photographic identification cards which bears their photograph, date of birth and a holographic mark such as: i. Any Proof of Age card with P.A.S.S. hologram, citizen card; ii. Proof GB; iii. Photographic driving licence or passport. m. Clearly legible signs shall be prominently displayed, where they can easily be seen and read by customers, stating to the effect that a Challenge 25 Policy is in operation at the Premises, that customers may be asked to provide proof of age, and what the acceptable terms of proof of age are. The signage shall be kept free from obstructions at all times. n. A refusal register recording book (whether kept in written or electronic form) of refused sales shall be maintained in order to demonstrate effective operation of the Challenge 25 Policy. The register will record: the date and time of all attempts by persons under the age of 18 to purchase alcohol and of any other refused sales; and the name of the member of staff. The register shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. The DPS shall review the refusal register recording book no less than once per week to identify patterns or recurring issues and shall take appropriate remedial actions where necessary. o. All staff that undertake the sale and supply of alcohol on the Premises shall receive full training pertinent to the Licensing Act 2003 (including, but not limited, in regard to: age-restricted sales; Challenge 25 Policy; and the refusal of sales to persons believed to be under the influence of alcohol or drugs) before they are allowed to sell or supply any alcohol to the public at the Premises or during deliveries. Refresher training will be carried out every eight months for all staff and documented within the training record book. p. A training record book (whether kept in written or electronic form) of such training shall be kept / be accessible at the Premises at all times and be made immediately available for inspection at the Premises to the Police, authorised officer(s) of the Licensing Authority or other Responsible Authorities on request. The training record shall include the trainee’s name, the trainer’s name, the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. q. An incident logbook (whether kept in written or electronic form) shall be kept and maintained on the Premises and made available for inspection on request to the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities. The incident logbook will be completed within 24 hours if the incident and must record the following: i. All crime reported to the Premises; ii. All ejections of customers; iii. Any faults in the CCTV system; iv. Any visit by any Responsible Authorities or emergency services. The log must include the date, time, name of the member of staff making the record, details of the incident and any action taken. r. A controlled entry system shall be implemented where reasonably practicable. The Premises Licence Holder and/or the DPS shall maintain regular liaison with the Police and other relevant authorities and ensure that any incidents are escalated and communicated promptly. s. The Premises Licence Holder and/or DPS shall maintain and operate appropriate escalation procedures to address incidents of crime, disorder, or anti-social behaviour associated with the Premises. The prevention of public nuisance t. A complaint book (whether kept in written or electronic form) of all complaints received from local residents or businesses concerning the operation of the Premises shall be maintained and kept by the Premises Licence Holder. The book shall be made immediately available for inspection at the Premises by the Police, authorised officer(s) of the Licensing Authority or Responsible Authorities on request. u. Any complaints (including noise) received shall be logged and investigated and recorded within the complaints book within 48 hours after the complaint has been made. Details that shall be recorded upon receipt of the complaint are as follows i. Name and address of the complainant, what the complaint concerns, and where/how the complainant is impacted; ii. Validation/verification of the complaint i.e. details of the investigation findings; iii. Remedial action taken. If no remedial action is taken, justification must be provided instead; iv. Record of communication to the complainant[s] advising of what has been done to address their complaint[s]. v. Clear and legible signs shall be prominently displayed throughout the Premises and at all exits, requesting customers to respect the needs of local residents and to leave the Premises and area quietly. The signage shall be kept free from obstructions at all times. w. The placing of refuse – such as bottles – into receptacles outside the Premises must take place before 21:00 hours, which will minimise the disturbance to nearly properties. x. During the hours the Premises is open to the public, members of staff shall undertake checks at intervals of not less than four hours to ensure that adequate measures are in place to prevent the accumulation of litter or waste arising from customers in the area immediately outside the Premises, and to remove any such litter or waste as necessary. y. That the Premises Licence Holder provides local residents with a landline and/or mobile telephone number at the Premises. The telephone number must be manned at all times the Premises is open for business. Informative z. That the Premises Licence Holder is encouraged to form a live WhatsApp group with local residents to encourage dialogue between the Premises and the residents. Reasons: Overall, the Sub-Committee considered the representations and evidence from the Applicant; Other Person; South Wales Police, and Legal Regulatory Service were compelling and relevant. Members considered that the robust conditions had been agreed upon with the Responsible Authorities, and that the variation to the Licence did not cause them any sufficient concern. The variation was in-line with the Council’s Licensing Act Policy 2026 and the Statutory s.182 Guidance. Members were grateful to the Other Person for raising their concerns. The best and most efficient solution was to accept all the conditions proposed by the Police, the Legal Regulatory Service and the Applicant- as tight controls were required – to protect the local residents. The Sub-Committee considered the Licensing Objectives paramount and that the Applicant had met the standards of those Objectives. The conditions proposers attached to the variation to the Licence were proportionate.
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