Agenda item

To consider the report of the Senior Licensing Officer.

Consideration was given to the report of the Senior Licensing Officer.

The Team Manager – Trading Standards and Licensing advised that the report informed the Statutory Licensing Sub-Committee of representations received in respect of an application for the variation of a premises licence at The Venue, Commonwealth Road, Garnlydan, Ebbw Vale in order to enable the Sub-Committee to determine the application in accordance with the Licensing Act 2003. The application was submitted on 20^th January, 2022 by Mr Sunny Singh Sangha, for the variation of a premises licence at the premises The Venue, Commonwealth Road, Garnlydan, Ebbw Vale. The current premises licence had been in place since 2005 and the Team Manager noted the licensable activities as detailed in the report.

The Team Manager advised that the proposed variation was in relation to the change of layout to The Venue to accommodate the reduction in the size of licensed area. It was noted that planning permission had been agreed and there would be no change in operating hours. The entrances for the store and club would be different and neither would be adjoining to allow access from either place.

In accordance with the Licensing Act 2003, as part of the consultation process, the applicant has a duty to send copies of the application to Responsible Authorities. Therefore, consultation has been carried out with Gwent Police, South Wales Fire and Rescue Service, Immigration Service, Blaenau Gwent County Borough Council Trading Standards, Licensing Enforcement Officers, Planning, Environmental Health, Social Services departments and Aneurin Bevan Health Board. In addition, the applicant placed a notice of the application at the premises, for 28 days to enable Other Persons, i.e. local residents and businesses, to make representations. A notice was placed on the authorities website, also a notice was also published in the Gwent Gazette within 10 days of the date the application was received.

The Team Manager noted that no representations were received from Gwent Police, South Wales Fire and Rescue Service, Immigration Service, Blaenau Gwent County Borough Council Trading Standards, Licensing Enforcement Officers, Planning, Social Services departments and Aneurin Bevan Health Board. It was reported that representations had been received from Environmental Health as detailed in the report and these had been agreed by the applicant.

There were representations received from two ‘other persons’ as heard in relation to the previously application.

In considering this application, the sub-committee must take account of the provisions in the Licensing Act 2003, in particular, the licensing objectives which are:-

· The prevention of crime and disorder

· Public safety

· The prevention of public nuisance

· The protection of children from harm.

The guidance issued by the Home Office under section 182 of the Act and the Council’s licensing policy must be taken into account when considering this application.

The Options for Recommendation was outlined as detailed in the report which was to be determined by the Sub-Committee.

The Chair invited the Applicant to present his case.

The Applicant’s representative noted the application which had been presented to facilitate the remodelling.

The representations received for Mr. & Mrs. Adlam remained the same as reported for the previous application.

The Chair asked questions from Members at this juncture.

A Member felt it was important that both businesses are kept separate.

The Applicant. Applicant’s representative, Objectors and Licensing Officers left the meeting at this juncture for Members to consider the application.

The Sub-Committee discussed the application at length and a decision was made and attendees were invited back into the meeting.

The Local Authority Solicitor outlined the decision of the
Sub-Committee.

The Sub-Committee considered the written representations for this application for a VARIATION of Premise Licence for The Venue Convenience Store, Commonwealth Rd, Garnlydan as presented in the Officer’s report, together with the oral representations given at the hearing on behalf of the Applicant and Objectors.

The Sub-Committee were made aware of the initial objections by Environmental Health Department which were withdrawn when the Applicant agreed to the various conditions as set out in the Officer’s report.

In reaching its decision today, the Sub-Committee has considered the relevant provisions of the Licensing Act 2003 (in particular Section 4) and the guidance issued under Section 182 of the Act and the Licensing Policy of Blaenau Gwent County Borough Council.

The Sub-Committee have considered the Application in light of the four Licensing Objectives:-

·        Prevention of Crime and Disorder

·        Public Safety

·        Prevention of Public Nuisance

·        Protection of children from harm

The Sub-Committee also appreciated that the Objectors have concerns, however based on the conditions outlined in the report that the Applicant was willing to abide by, the Sub-Committee felt that the application to vary the existing license should be granted with the conditions as stipulated in the Officers report and agreed as follows:

1.      At times when regulated entertainment is provided and/or provision for entertainment facilities is made within the         licensed premises all external openings to the licensed       premises must be kept closed, save for the purposes of           entering and exiting the premises.

2.      No form of loudspeaker or sound amplification equipment shall be sited in or near any foyer, doorway, window or any external opening of the licensed premises.

Right to Appeal

All parties have the right to appeal to the Magistrates’ Court within 21 days of receipt of this decision.  Any responsible authority or other person has the right to request a review of the Licence.