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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
Resolved that the press and public be excluded from the hearing in accordance with paragraph 14 of the Licensing Act (Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice. (Closed Session) Members discussed the issues relating to the application. (Open Session) The Lead Lawyer gave a comprehensive overview of the legal advice tendered. The Chair indicated that the Sub-Committee had considered the application and representation made and the needs and interests of all parties in terms of the Council’s Statements of Licensing Policy, statutory guidance and the requirements of the Licensing Act 2003. The Sub‑Committee Resolved to Grant the application for a new premises licence as modified, subject to: • Conditions consistent with the operating schedule (Appendix C), • Mandatory conditions under the Licensing Act 2003. Internal areas Plays - Monday-Sunday 0700-0100 Films - Monday-Sunday 0700-0100 Indoor Sporting Events - Monday-Sunday 0700-0100 Boxing or Wrestling Entertainment – Monday-Sunday 0700-0100 Live Music – Monday-Sunday 0700-0100 Recorded Music – Monday – Sunday 0700-0100 Performance of Dance – Monday-Sunday 0700-0100 Late-Night Refreshment – Monday-Sunday 2300-0100 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-0100 Internal opening Hours – Monday – Sunday 0700-0130 External areas Plays - Monday-Sunday 0700-2300 Films - Monday-Sunday 0700-2300 Boxing or Wrestling Entertainment – Monday-Sunday 0700-2300 Live Music – Monday-Sunday 0700-2300 Recorded Music – Monday-Sunday 0700-2300 Performance of Dance – Monday-Sunday 0700-2300 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-2300 External opening Hours – Monday – Sunday 0700-0000 (save for persons entering or exiting the marquee) Conditions of Premises Licence 1. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises; fire exits all areas where the public have access and any external drinking areas. 2. Equipment must be maintained in good working order; the system must continually record whilst the premises is open for licensable activities and during all times when customers remain at the premises. Recordings must be correctly timed, and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to a Police Officer/Local Authority Officer on demand. 3. The Premises Licence Holder must ensure that at all times a Designated Premises Supervisor (DPS) or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to a Police Officer/Local Authority Officer on demand. 4. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. 5. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings the actions taken are to be recorded. In the event of technical failure of the CCTV equipment, the Premises Licence holder/DPS must report the failure to the Police/Local Authority. 6. The Safety Advisory Group shall be notified with at least three months’ notice for all non-sporting events, taking place externally, likely to attract more than 500 people. 7. Concerts where live or pre-recorded amplified music is the main element to be limited to no more than 12 days in any calendar year. 8. An incident recording book, bound in numerical order, shall be maintained at the premises showing details of the date and time of all assaults, injuries, accidents or ejections, as well as details of the members of staff involved, the nature of the incident and the action/outcome. The book must be kept available for inspection by the Police and authorised officers of the Licensing Authority. 9. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification shall bear their photograph, date of birth and a holographic mark. 10. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be always available for inspection at the premises by the police or an authorised officer of the Council whilst the premises are open. 11. The premises to keep up to date records of staff training and refresher training in respect of age-related sales including proxy sales to persons who are drunk and identifying and preventing drug misuse in written or electronic format available for inspection on request by an authorised officer. Training to be updated every six months and signed by staff. 12. Notices shall be clearly displayed in the premises to emphasise to customers the prohibition on providing sales of alcohol to persons under the age of eighteen years 13. A 30-minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises. 14. Other than for off sales to be taken away from the site, sale and consumption of drinks in external area (including car parks) to be from non-glass containers. 15. No glass or glass bottles to be taken into the stands, arena or concourse area at any time. 16. Sale of intoxicants in the pitch, bowl, concourse areas to cease by 2300 hours daily. Consumption of alcohol in the pitch, bowl and concourse area to cease by 2330 hours. 17. Live/Recorded music to cease by 2300 in external areas of the premises. 18. All external areas of the premises shall close by 2300 hours daily and shall be cleared by patrons by 0000, save for persons exiting or entering the marquee. 19. The Premises Licence Holder must ensure that all stewards & security personnel are suitably trained and capable of carrying out their allocated duties, and understand their role and the appropriate way in which to deal with, record and report incidents. 20. SIA registered door staff shall be employed, on occasions when a requirement is identified by the licence holders written risk assessment. Consideration will be given to the nature of the event, public holidays and days considered to be major event days in the city centre. If a written risk assessment identifies that door staff are required, the following number will be adhered to: Members of the Public Present Number of door Supervisors 1 - 100 2 100 - 250 3 250 - 500 4 500 - 750 5 750 - 1,000 6 1,000 - 1,250 9 1,250 - 1,500 10 1,500 - 2,000 12 In excess of 2,000 - at least 12 and such other stewards as may be required either by the Chief Fire Officer or the Council. 21. A detailed bound numerical register of door supervisors to be maintained at all times at the premises. Such register to include the name, registration number, contact details of the member of door staff along with the date, time on duty and time off duty. Full details of the agency supplying the staff to be endorsed and the register to be available for inspection on request by an Authorised officer. 22. The premises shall have an adequate system of counting persons in and out when utilising door staff to ensure that the customer levels in all areas do not exceed the limit endorsed in the venue risk assessment. At all other times, staff will have a constant knowledge and control of the number of persons within the premises. 23. Notices shall predominantly displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly. 24. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2100 hours and 0800 hours. 25. Alcohol supplied for delivery via an online ordering system to customers in spectator areas shall only be delivered by staff authorised by the premises licence holder. All orders must be made by, and delivered directly to, a person aged 18 years or over. A Challenge 25 age verification policy shall operate at both the point of sale and the point of delivery. No alcohol shall be supplied where staff have reason to believe it is intended for consumption by a person under 18 years of age. Reasons for Decision The Sub-Committee noted that the application sought permission for licensable activities between 07:00 and 01:00 hours Monday to Sunday, with the premises open to the public until 01:30 hours. The premises comprise a rugby ground containing a clubhouse, fan zone, event marquee, seating blocks, terrace and car park. The Sub-Committee noted that no representations had been received from any Responsible Authority, including South Wales Police, the Pollution Division, the Planning Authority, the Fire Authority, Health and Safety, Trading Standards, Child Protection, the Local Health Board, the Licensing Authority or Immigration. Members attached appropriate weight to the absence of objections from those authorities, while recognising that this did not remove the need to consider the application and the representation on their merits. The Sub-Committee carefully considered the representation from the Other Person concerning the potential effect of late-night activity upon nearby residents, particularly noise from events, patrons leaving the premises, vehicles, traffic congestion and parking. Members recognised that the premises are situated near residential properties and that the prevention of public nuisance was therefore of particular relevance. The Sub-Committee was satisfied, however, that the conditions proposed within the operating schedule provided an appropriate and proportionate framework for promoting the licensing objectives. In particular, the conditions require live and recorded music in external areas to cease by 23:00 hours; the sale and consumption of alcohol in the pitch, bowl and concourse areas to cease by 23:00 and 23:30 hours respectively; external areas to close and ordinarily be cleared by 00:00 hours; notices requesting patrons to respect local residents and leave quietly; restrictions on the movement of rubbish during night-time hours; and appropriate stewarding and security arrangements when required by risk assessment. Members also took account of the nature of the site and its existing sporting and hospitality use, the proposed management controls, and the fact that no Responsible Authorities had identified concerns requiring refusal, reduced licensed hours or additional conditions beyond those before the Sub-Committee. The Sub-Committee concluded that it would not be appropriate or proportionate to refuse the application or reduce the general terminal hour to 23:00 hours. The Sub-Committee carefully considered the position of the event marquee when determining the scope of condition 18. The application and accompanying plan identify the marquee as a distinct event structure within the licensed premises. Members were mindful that the classification of a marquee can depend upon its physical characteristics and the particular statutory context. Planning authorities and courts may consider factors such as size, permanence and physical attachment when determining whether a structure is a building. Members accepted the legal advice that, for the purpose of applying this licence condition, the marquee should be treated as an internal area rather than as part of the external areas subject to the 23:00 hours closure. Condition 18 was therefore amended to make clear that, after the external areas have closed, patrons may enter or leave the marquee for the purpose of using that internal licensed area. This limited exception does not permit patrons to remain in, congregate in or use the external areas after the applicable clearing time. The marquee may continue to operate only within the licensed hours, including the 01:00 hours termination of licensable activities, and subject to all other conditions attached to the premises licence. The Sub-Committee considered that the amended wording removed ambiguity, was capable of practical enforcement, and struck a fair and proportionate balance between the operation of the premises and the protection of nearby residents. Members were accordingly satisfied that granting the application subject to the amended condition was appropriate for the promotion of the licensing objectives, in particular the prevention of public nuisance and public safety. Right of Appeal Following receipt of this notice, the applicant and any person who made a relevant representation have a right of appeal to the Magistrates’ Court under Schedule 5 to the Licensing Act 2003. Any appeal must be commenced within 21 days beginning with the day on which the appellant was notified of this decision.
In accordance with the Code of Conduct adopted by the City and County of Swansea, no interests were declared.
The Lead Lawyer referred to the Statutory Licensing Sub Committee Procedure, for information.
Decision as recorded
Resolved that the press and public be excluded from the hearing in accordance with paragraph 14 of the Licensing Act (Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice. (Closed Session) Members discussed the issues relating to the application. (Open Session) The Lead Lawyer gave a comprehensive overview of the legal advice tendered. The Chair indicated that the Sub-Committee had considered the application and representation made and the needs and interests of all parties in terms of the Council’s Statements of Licensing Policy, statutory guidance and the requirements of the Licensing Act 2003. The Sub‑Committee Resolved to Grant the application for a new premises licence as modified, subject to: • Conditions consistent with the operating schedule (Appendix C), • Mandatory conditions under the Licensing Act 2003. Internal areas Plays - Monday-Sunday 0700-0100 Films - Monday-Sunday 0700-0100 Indoor Sporting Events - Monday-Sunday 0700-0100 Boxing or Wrestling Entertainment – Monday-Sunday 0700-0100 Live Music – Monday-Sunday 0700-0100 Recorded Music – Monday – Sunday 0700-0100 Performance of Dance – Monday-Sunday 0700-0100 Late-Night Refreshment – Monday-Sunday 2300-0100 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-0100 Internal opening Hours – Monday – Sunday 0700-0130 External areas Plays - Monday-Sunday 0700-2300 Films - Monday-Sunday 0700-2300 Boxing or Wrestling Entertainment – Monday-Sunday 0700-2300 Live Music – Monday-Sunday 0700-2300 Recorded Music – Monday-Sunday 0700-2300 Performance of Dance – Monday-Sunday 0700-2300 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-2300 External opening Hours – Monday – Sunday 0700-0000 (save for persons entering or exiting the marquee) Conditions of Premises Licence 1. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises; fire exits all areas where the public have access and any external drinking areas. 2. Equipment must be maintained in good working order; the system must continually record whilst the premises is open for licensable activities and during all times when customers remain at the premises. Recordings must be correctly timed, and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to a Police Officer/Local Authority Officer on demand. 3. The Premises Licence Holder must ensure that at all times a Designated Premises Supervisor (DPS) or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to a Police Officer/Local Authority Officer on demand. 4. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. 5. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings the actions taken are to be recorded. In the event of technical failure of the CCTV equipment, the Premises Licence holder/DPS must report the failure to the Police/Local Authority. 6. The Safety Advisory Group shall be notified with at least three months’ notice for all non-sporting events, taking place externally, likely to attract more than 500 people. 7. Concerts where live or pre-recorded amplified music is the main element to be limited to no more than 12 days in any calendar year. 8. An incident recording book, bound in numerical order, shall be maintained at the premises showing details of the date and time of all assaults, injuries, accidents or ejections, as well as details of the members of staff involved, the nature of the incident and the action/outcome. The book must be kept available for inspection by the Police and authorised officers of the Licensing Authority. 9. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification shall bear their photograph, date of birth and a holographic mark. 10. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be always available for inspection at the premises by the police or an authorised officer of the Council whilst the premises are open. 11. The premises to keep up to date records of staff training and refresher training in respect of age-related sales including proxy sales to persons who are drunk and identifying and preventing drug misuse in written or electronic format available for inspection on request by an authorised officer. Training to be updated every six months and signed by staff. 12. Notices shall be clearly displayed in the premises to emphasise to customers the prohibition on providing sales of alcohol to persons under the age of eighteen years 13. A 30-minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises. 14. Other than for off sales to be taken away from the site, sale and consumption of drinks in external area (including car parks) to be from non-glass containers. 15. No glass or glass bottles to be taken into the stands, arena or concourse area at any time. 16. Sale of intoxicants in the pitch, bowl, concourse areas to cease by 2300 hours daily. Consumption of alcohol in the pitch, bowl and concourse area to cease by 2330 hours. 17. Live/Recorded music to cease by 2300 in external areas of the premises. 18. All external areas of the premises shall close by 2300 hours daily and shall be cleared by patrons by 0000, save for persons exiting or entering the marquee. 19. The Premises Licence Holder must ensure that all stewards & security personnel are suitably trained and capable of carrying out their allocated duties, and understand their role and the appropriate way in which to deal with, record and report incidents. 20. SIA registered door staff shall be employed, on occasions when a requirement is identified by the licence holders written risk assessment. Consideration will be given to the nature of the event, public holidays and days considered to be major event days in the city centre. If a written risk assessment identifies that door staff are required, the following number will be adhered to: Members of the Public Present Number of door Supervisors 1 - 100 2 100 - 250 3 250 - 500 4 500 - 750 5 750 - 1,000 6 1,000 - 1,250 9 1,250 - 1,500 10 1,500 - 2,000 12 In excess of 2,000 - at least 12 and such other stewards as may be required either by the Chief Fire Officer or the Council. 21. A detailed bound numerical register of door supervisors to be maintained at all times at the premises. Such register to include the name, registration number, contact details of the member of door staff along with the date, time on duty and time off duty. Full details of the agency supplying the staff to be endorsed and the register to be available for inspection on request by an Authorised officer. 22. The premises shall have an adequate system of counting persons in and out when utilising door staff to ensure that the customer levels in all areas do not exceed the limit endorsed in the venue risk assessment. At all other times, staff will have a constant knowledge and control of the number of persons within the premises. 23. Notices shall predominantly displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly. 24. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2100 hours and 0800 hours. 25. Alcohol supplied for delivery via an online ordering system to customers in spectator areas shall only be delivered by staff authorised by the premises licence holder. All orders must be made by, and delivered directly to, a person aged 18 years or over. A Challenge 25 age verification policy shall operate at both the point of sale and the point of delivery. No alcohol shall be supplied where staff have reason to believe it is intended for consumption by a person under 18 years of age. Reasons for Decision The Sub-Committee noted that the application sought permission for licensable activities between 07:00 and 01:00 hours Monday to Sunday, with the premises open to the public until 01:30 hours. The premises comprise a rugby ground containing a clubhouse, fan zone, event marquee, seating blocks, terrace and car park. The Sub-Committee noted that no representations had been received from any Responsible Authority, including South Wales Police, the Pollution Division, the Planning Authority, the Fire Authority, Health and Safety, Trading Standards, Child Protection, the Local Health Board, the Licensing Authority or Immigration. Members attached appropriate weight to the absence of objections from those authorities, while recognising that this did not remove the need to consider the application and the representation on their merits. The Sub-Committee carefully considered the representation from the Other Person concerning the potential effect of late-night activity upon nearby residents, particularly noise from events, patrons leaving the premises, vehicles, traffic congestion and parking. Members recognised that the premises are situated near residential properties and that the prevention of public nuisance was therefore of particular relevance. The Sub-Committee was satisfied, however, that the conditions proposed within the operating schedule provided an appropriate and proportionate framework for promoting the licensing objectives. In particular, the conditions require live and recorded music in external areas to cease by 23:00 hours; the sale and consumption of alcohol in the pitch, bowl and concourse areas to cease by 23:00 and 23:30 hours respectively; external areas to close and ordinarily be cleared by 00:00 hours; notices requesting patrons to respect local residents and leave quietly; restrictions on the movement of rubbish during night-time hours; and appropriate stewarding and security arrangements when required by risk assessment. Members also took account of the nature of the site and its existing sporting and hospitality use, the proposed management controls, and the fact that no Responsible Authorities had identified concerns requiring refusal, reduced licensed hours or additional conditions beyond those before the Sub-Committee. The Sub-Committee concluded that it would not be appropriate or proportionate to refuse the application or reduce the general terminal hour to 23:00 hours. The Sub-Committee carefully considered the position of the event marquee when determining the scope of condition 18. The application and accompanying plan identify the marquee as a distinct event structure within the licensed premises. Members were mindful that the classification of a marquee can depend upon its physical characteristics and the particular statutory context. Planning authorities and courts may consider factors such as size, permanence and physical attachment when determining whether a structure is a building. Members accepted the legal advice that, for the purpose of applying this licence condition, the marquee should be treated as an internal area rather than as part of the external areas subject to the 23:00 hours closure. Condition 18 was therefore amended to make clear that, after the external areas have closed, patrons may enter or leave the marquee for the purpose of using that internal licensed area. This limited exception does not permit patrons to remain in, congregate in or use the external areas after the applicable clearing time. The marquee may continue to operate only within the licensed hours, including the 01:00 hours termination of licensable activities, and subject to all other conditions attached to the premises licence. The Sub-Committee considered that the amended wording removed ambiguity, was capable of practical enforcement, and struck a fair and proportionate balance between the operation of the premises and the protection of nearby residents. Members were accordingly satisfied that granting the application subject to the amended condition was appropriate for the promotion of the licensing objectives, in particular the prevention of public nuisance and public safety. Right of Appeal Following receipt of this notice, the applicant and any person who made a relevant representation have a right of appeal to the Magistrates’ Court under Schedule 5 to the Licensing Act 2003. Any appeal must be commenced within 21 days beginning with the day on which the appellant was notified of this decision.
The Chair welcomed all attendees to the meeting and the Lead Lawyer referred to the procedure to be adopted by the Sub-Committee when considering the application. The Licensing Officer reported on the application for a New Premises Licence in respect of Ospreys Rugby, St Helen’s, Bryn Road, Swansea, SA2 0AR which had been received on 27 July 2026. The application proposed: Plays - Monday-Sunday 0700-0100 Films - Monday-Sunday 0700-0100 Indoor Sporting Events - Monday-Sunday 0700-0100 Boxing or Wrestling Entertainment – Monday-Sunday 0700-0100 Live Music – Monday-Sunday 0700-0100 Recorded Music – Monday – Sunday 0700-0100 Performance of Dance – Monday-Sunday 0700-0100 Late-Night Refreshment – Monday-Sunday 2300-0100 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-0100 Opening Hours – Monday – Sunday 0700-0130 The Licensing Officer referred to the Licensing Objectives, policy considerations, and guidance from the Home Office. Specific reference was made to the application and plan at Appendix A and A1, the current licence at A2, the location plan at Appendix B. Conditions consistent with the operating schedule are set out at Appendix C and representations made by Other Persons were attached at Appendix D. There were no relevant representations from Responsible Authorities. One representation had been received from Other Persons at Appendix D. The representation related to the Prevention of Public Nuisance. Reference was made to the non-attendance of the Other Person however the written representation was included within the agenda papers for Members consideration. The Applicant explained that approximately 90–95% of stadium use was expected to be community-related, including activities for under-16 and under-18 teams, (Swansea RFC/Swansea University etc). The renovation of the historic St Helens ground was nearing completion, with the Ospreys expecting to begin fixtures there after completion. A safety certificate application had also been submitted to the Council and was expected to progress. The former basement kitchen was no longer suitable for servicing first-floor hospitality lounges under current compliance requirements. The clubhouse bars were therefore intended to operate as membership bars on match days and as a community facility during the week, generally from 09:00 to 17:00. The marquee would include a permanent bar, flooring, a commercial kitchen and hospitality facilities for Ospreys matches and community events. It was intended to support post-match hospitality, including awards and dining involving the away team. Kick-off times were set largely by the United Rugby Championship and broadcast partners such as Premier Sports, S4C and BBC, rather than by the Ospreys. Late kick-offs, including around 20:00 or 20:45, could mean guests do not return to the marquee until approximately 22:30; the club had sought earlier times but could not move all scheduled fixtures. Members and the Licensing Officers examined whether the semi-permanent marquee should be treated as an internal or external area. The Lead Lawyer advised that its size, permanence and physical attachment support treating it as internal for licensing purposes. The Committee questioned whether the marquee was covered by the internal or external conditions, particularly because the application sought operation until 01:00 while existing external-area conditions required areas to stop operating at 23:00 and be cleared by midnight. The Applicant described the marquee as a substantial temporary structure expected to remain for at least two years. It would be approximately 30 metres by 12 metres internally, with additional areas connected to the kitchen, a concrete substructure, PVC panels with an internal silk lining, fixed furniture, a fixed wooden bar, doors, heating, air conditioning, and cloakroom facilities. The Lead Lawyer referred to case law and the relevant permanence, size, and physical-attachment test. Based on the information provided about the marquee’s substantial construction, duration, and attachment to the floor, the Lead Lawyer’s advice was that it should be considered part of the internal area. If the marquee was treated as internal, the external-area conditions would not govern its alcohol and music hours, although the Committee would still need to determine whether the requested times promote the licensing objectives. The Lead Lawyer also noted that condition 18 might need amendment or removal to avoid conflicting with the marquee’s treatment as an internal area. The Lead Lawyer clarified that the classification did not make the requested 01:00 terminal hour automatic. After hearing the evidence, the Committee would deliberate on what operating hours were reasonable for the marquee and whether conditions were required. Members questioned sound insulation, music levels, access and drink controls. The Applicant described measures intended to limit disturbance and keep activity within the licensed marquee area. The marquee’s doors would remain closed to retain heating or cooling and reduce sound escape. SIA-trained staff would monitor the entrances and exits and enforce the access arrangements. Drinks purchased in the marquee would be consumed there and would not be taken beyond its doors and staff would manage this restriction. The proposed entrance would be from Mumbles Road, with no guest parking on site. Guests would leave directly through the gate beside the marquee, and no smoking on the ground was proposed. Adjourned at 10:27 Reconvened at 10:37 The Democratic Services Officer provided a visual presentation of the marquee and bar which clarified the structure’s construction and layout. In conclusion, the Applicant maintained that the marquee had always been understood as an indoor area and was essential to providing post-match hospitality, especially because the club did not control late kick-off times. Furthermore, he stated that they were willing to maintain the conditions discussed and wanted the venue to operate as a positive community facility. It was Resolved that the press and public be excluded from the hearing in accordance with paragraph 14 of the Licensing Act (Hearings) Regulations 2005, to enable the Sub-Committee to take legal advice. (Closed Session) Members discussed the issues relating to the application. (Open Session) The Lead Lawyer gave a comprehensive overview of the legal advice tendered. The Chair indicated that the Sub-Committee had considered the application and representation made and the needs and interests of all parties in terms of the Council’s Statements of Licensing Policy, statutory guidance and the requirements of the Licensing Act 2003. The Sub‑Committee Resolved to Grant the application for a new premises licence as modified, subject to: • Conditions consistent with the operating schedule (Appendix C), • Mandatory conditions under the Licensing Act 2003. Internal areas Plays - Monday-Sunday 0700-0100 Films - Monday-Sunday 0700-0100 Indoor Sporting Events - Monday-Sunday 0700-0100 Boxing or Wrestling Entertainment – Monday-Sunday 0700-0100 Live Music – Monday-Sunday 0700-0100 Recorded Music – Monday – Sunday 0700-0100 Performance of Dance – Monday-Sunday 0700-0100 Late-Night Refreshment – Monday-Sunday 2300-0100 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-0100 Internal opening Hours – Monday – Sunday 0700-0130 External areas Plays - Monday-Sunday 0700-2300 Films - Monday-Sunday 0700-2300 Boxing or Wrestling Entertainment – Monday-Sunday 0700-2300 Live Music – Monday-Sunday 0700-2300 Recorded Music – Monday-Sunday 0700-2300 Performance of Dance – Monday-Sunday 0700-2300 Supply of Alcohol – On/Off Sales - Monday-Sunday 0700-2300 External opening Hours – Monday – Sunday 0700-0000 (save for persons entering or exiting the marquee) Conditions of Premises Licence 1. CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises; fire exits all areas where the public have access and any external drinking areas. 2. Equipment must be maintained in good working order; the system must continually record whilst the premises is open for licensable activities and during all times when customers remain at the premises. Recordings must be correctly timed, and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to a Police Officer/Local Authority Officer on demand. 3. The Premises Licence Holder must ensure that at all times a Designated Premises Supervisor (DPS) or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format to a Police Officer/Local Authority Officer on demand. 4. The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. 5. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings the actions taken are to be recorded. In the event of technical failure of the CCTV equipment, the Premises Licence holder/DPS must report the failure to the Police/Local Authority. 6. The Safety Advisory Group shall be notified with at least three months’ notice for all non-sporting events, taking place externally, likely to attract more than 500 people. 7. Concerts where live or pre-recorded amplified music is the main element to be limited to no more than 12 days in any calendar year. 8. An incident recording book, bound in numerical order, shall be maintained at the premises showing details of the date and time of all assaults, injuries, accidents or ejections, as well as details of the members of staff involved, the nature of the incident and the action/outcome. The book must be kept available for inspection by the Police and authorised officers of the Licensing Authority. 9. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification shall bear their photograph, date of birth and a holographic mark. 10. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be always available for inspection at the premises by the police or an authorised officer of the Council whilst the premises are open. 11. The premises to keep up to date records of staff training and refresher training in respect of age-related sales including proxy sales to persons who are drunk and identifying and preventing drug misuse in written or electronic format available for inspection on request by an authorised officer. Training to be updated every six months and signed by staff. 12. Notices shall be clearly displayed in the premises to emphasise to customers the prohibition on providing sales of alcohol to persons under the age of eighteen years 13. A 30-minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises. 14. Other than for off sales to be taken away from the site, sale and consumption of drinks in external area (including car parks) to be from non-glass containers. 15. No glass or glass bottles to be taken into the stands, arena or concourse area at any time. 16. Sale of intoxicants in the pitch, bowl, concourse areas to cease by 2300 hours daily. Consumption of alcohol in the pitch, bowl and concourse area to cease by 2330 hours. 17. Live/Recorded music to cease by 2300 in external areas of the premises. 18. All external areas of the premises shall close by 2300 hours daily and shall be cleared by patrons by 0000, save for persons exiting or entering the marquee. 19. The Premises Licence Holder must ensure that all stewards & security personnel are suitably trained and capable of carrying out their allocated duties, and understand their role and the appropriate way in which to deal with, record and report incidents. 20. SIA registered door staff shall be employed, on occasions when a requirement is identified by the licence holders written risk assessment. Consideration will be given to the nature of the event, public holidays and days considered to be major event days in the city centre. If a written risk assessment identifies that door staff are required, the following number will be adhered to: Members of the Public Present Number of door Supervisors 1 - 100 2 100 - 250 3 250 - 500 4 500 - 750 5 750 - 1,000 6 1,000 - 1,250 9 1,250 - 1,500 10 1,500 - 2,000 12 In excess of 2,000 - at least 12 and such other stewards as may be required either by the Chief Fire Officer or the Council. 21. A detailed bound numerical register of door supervisors to be maintained at all times at the premises. Such register to include the name, registration number, contact details of the member of door staff along with the date, time on duty and time off duty. Full details of the agency supplying the staff to be endorsed and the register to be available for inspection on request by an Authorised officer. 22. The premises shall have an adequate system of counting persons in and out when utilising door staff to ensure that the customer levels in all areas do not exceed the limit endorsed in the venue risk assessment. At all other times, staff will have a constant knowledge and control of the number of persons within the premises. 23. Notices shall predominantly displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly. 24. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2100 hours and 0800 hours. 25. Alcohol supplied for delivery via an online ordering system to customers in spectator areas shall only be delivered by staff authorised by the premises licence holder. All orders must be made by, and delivered directly to, a person aged 18 years or over. A Challenge 25 age verification policy shall operate at both the point of sale and the point of delivery. No alcohol shall be supplied where staff have reason to believe it is intended for consumption by a person under 18 years of age. Reasons for Decision The Sub-Committee noted that the application sought permission for licensable activities between 07:00 and 01:00 hours Monday to Sunday, with the premises open to the public until 01:30 hours. The premises comprise a rugby ground containing a clubhouse, fan zone, event marquee, seating blocks, terrace and car park. The Sub-Committee noted that no representations had been received from any Responsible Authority, including South Wales Police, the Pollution Division, the Planning Authority, the Fire Authority, Health and Safety, Trading Standards, Child Protection, the Local Health Board, the Licensing Authority or Immigration. Members attached appropriate weight to the absence of objections from those authorities, while recognising that this did not remove the need to consider the application and the representation on their merits. The Sub-Committee carefully considered the representation from the Other Person concerning the potential effect of late-night activity upon nearby residents, particularly noise from events, patrons leaving the premises, vehicles, traffic congestion and parking. Members recognised that the premises are situated near residential properties and that the prevention of public nuisance was therefore of particular relevance. The Sub-Committee was satisfied, however, that the conditions proposed within the operating schedule provided an appropriate and proportionate framework for promoting the licensing objectives. In particular, the conditions require live and recorded music in external areas to cease by 23:00 hours; the sale and consumption of alcohol in the pitch, bowl and concourse areas to cease by 23:00 and 23:30 hours respectively; external areas to close and ordinarily be cleared by 00:00 hours; notices requesting patrons to respect local residents and leave quietly; restrictions on the movement of rubbish during night-time hours; and appropriate stewarding and security arrangements when required by risk assessment. Members also took account of the nature of the site and its existing sporting and hospitality use, the proposed management controls, and the fact that no Responsible Authorities had identified concerns requiring refusal, reduced licensed hours or additional conditions beyond those before the Sub-Committee. The Sub-Committee concluded that it would not be appropriate or proportionate to refuse the application or reduce the general terminal hour to 23:00 hours. The Sub-Committee carefully considered the position of the event marquee when determining the scope of condition 18. The application and accompanying plan identify the marquee as a distinct event structure within the licensed premises. Members were mindful that the classification of a marquee can depend upon its physical characteristics and the particular statutory context. Planning authorities and courts may consider factors such as size, permanence and physical attachment when determining whether a structure is a building. Members accepted the legal advice that, for the purpose of applying this licence condition, the marquee should be treated as an internal area rather than as part of the external areas subject to the 23:00 hours closure. Condition 18 was therefore amended to make clear that, after the external areas have closed, patrons may enter or leave the marquee for the purpose of using that internal licensed area. This limited exception does not permit patrons to remain in, congregate in or use the external areas after the applicable clearing time. The marquee may continue to operate only within the licensed hours, including the 01:00 hours termination of licensable activities, and subject to all other conditions attached to the premises licence. The Sub-Committee considered that the amended wording removed ambiguity, was capable of practical enforcement, and struck a fair and proportionate balance between the operation of the premises and the protection of nearby residents. Members were accordingly satisfied that granting the application subject to the amended condition was appropriate for the promotion of the licensing objectives, in particular the prevention of public nuisance and public safety. Right of Appeal Following receipt of this notice, the applicant and any person who made a relevant representation have a right of appeal to the Magistrates’ Court under Schedule 5 to the Licensing Act 2003. Any appeal must be commenced within 21 days beginning with the day on which the appellant was notified of this decision.
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