Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 RHONDDA CYNON TAF COUNTY BOROUGH COUNCIL MUNICIPAL YEAR 2016 - 2017 LICENSING COMMITTEE Part I Item No. 4 17th January, 2017 REPORT OF: Review of Licensing Act 2003 Service Director & Gambling Act 2005 Public Health & Protection 1. PURPOSE OF THE REPORT The purpose of the report is to update Members on relevant issues, with regard to . the Licensing Act 2003 . the Gambling Act 2005 2. RECOMMENDATION Members are requested to: - (i) note the contents of the report in respect of the Licensing Act 2003 which has been provided for information; (ii) note the contents of the report in respect of the Gambling Act 2005, which has been provided for information. 3. BACKGROUND Members will be aware that a quarterly meeting is convened to review and discuss the implementation and progress of the Licensing Act 2003, together with any ancillary matters arising from responsibilities with which this particular Committee is charged. Such ancillary matters include the Gambling Act 2005. (There may also be ancillary matters arising from the impact of the Smoke-Free Premises Regulations, which have the potential to affect all licensed premises). Lic Act Cttee 17/01/17 5 Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 4. LICENSING ACT 2003 4.1 Application Process Applications received since the last update (3rd October, 2016 to 25th December, 2016) are as follows:- Application Type Number received Personal Licence 36 Premises Licence 7 Transfer (Premises Licence) 10 Vary (Premises Licence) 5 Club Premises Certificate 0 Vary (Club Premises Certificate) 2 Temporary Event Notice (TEN) 128 Application to Review 0 Interim Authority Notice 0 Change of DPS 21 Minor Variation 11 Disapply provision of DPS 2 (Community Premises) Notification of Interest in 0 Premises The increase in the number of Temporary Events Notices (TEN’s) notifications reflect the seasonal demand for events for Halloween, Bonfire Night, Autumn Rugby Internationals, Christmas and the New Year period. Also, a number of the TEN's authorised additional hours for the sale of alcohol for Christmas Day at a number of Convenience stores across the Borough. Some premises utilise the TEN’s process to trial the sale of alcohol, before considering applying for a Premises Licence. One such premises in the Aberdare area utilised this notification process. However, upon inspection of the TEN, non-compliance was identified where the notice could not be produced on site and the ‘premises user’ absent from the premises. Subsequently, no further TEN’s have been applied for at the location and no application for a Premises Licence was forthcoming. Licensing Officers will seek to inspect TEN's for compliance where Officers or Members of the public have concerns. Analysis of the TEN's applications indicate 57 were for Private Members Clubs, 44 for existing premises and 27 for community events. Summary of TEN’s, reproduced is reproduced for Members information as Appendix 1A. Lic Act Cttee 17/01/17 6 Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 In accordance with the advice received in respect of data protection matters, the summaries of Personal Licences and Premises Licences issued under delegated authority are now reproduced for information as a Part II restricted item. 4.2 Contested Applications Two contested application have been determined since the last summary report:- Application Name of Applicant Name of Date of Type Premises Hearing Outcome Variation Michael Buckley Hall Ystrad Sports & 24th Granted Premises Social November subject to the Licence 236 Tyntyla 2016 imposition of Road conditions Ystrad Pentre CF41 7SG Variation Mr Arwinder Singh Central 13th Granted Premises Convenience December subject to a Licence Store 2016 revision of Clydach Road the trading Clydach Vale times and the CF40 2DG imposition of conditions Ystrad Sports and Social, 236, Tyntyla Road, Ystrad. This application for a Variation to the Premises licence related to the ground floor area of the former Ystrad Labour Club. This club ceased to be a 'qualifying' club as it was no longer constituted in good faith and failed to have the required number of club members. Whilst the Responsible Authorities were satisfied that the applicant could promote the licensing objectives with the imposition of conditions. One local resident objected to the variation following concerns of alleged existing and anticipated crime and disorder and nuisance. The local resident attended the Sub Committee Hearing outlining his concerns to members but also informing Members that he had no desire to see the Premises close only for it to be more considerate. Following the Hearing, Members determined to grant the variation application subject to the conditions proposed by the Responsible Authorities and agreed by the Applicant. Central Convenience Store, Clydach Road, Clydach Vale. This application for variation of the Premises licence effectively relates to a change of use from an on licensed premises i.e a former public house to an off licence / convenience store. The variation application of an existing licence Lic Act Cttee 17/01/17 7 Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 saw representations opposing the variation from a number of local residents, whilst the Licensing Authority also received a number of petitions opposing the same. The main thrust of resident concerns appeared to be linked to existing parking problems in the vicinity of the Premises and references to existing Anti Social Behaviour and Crime and Disorder. A number of local residents attended the Sub Committee Hearing to outline their concerns to Members. Officers took the opportunity to remind residents that parking concerns would not be an issue that Members could legally look to refuse the variation. Residents were advised that Licensing Officers had already referred their concerns in respect of inappropriate parking to the Parking Enforcement Team and that information in respect of the Anti Social Behaviour to the Community Safety Partnership. The position described by local residents was not reflected in the information held by the Responsible Authorities, who made no objection to the variation, advocating a number of conditions be imposed on the Premises Licence. Whilst the applicant had requested permitted alcohol sale times between 06.00hrs until 23.00hrs, after considering the report and following representations from local residents Members determined to grant the variation with the conditions as recommended by the Responsible Authorities but for retail sale of alcohol times between 10.00am to 22.00hrs. Reviews No Review applications have been received or determined during this period Appeals There have been no appeals lodged or determined in the period. 4.3 Compliance & Enforcement (i) Prosecutions/Infringements A Private Members club in the Beddau area holding a Club Premises Certificate has been formally interviewed in respect of breaches of licensable activity in respect of the supply of alcohol beyond its sale/supply times, sales to non members and provision of entertainment beyond permitted hours. (ii) Test Purchasing Trading Standards Officers have conducted 12 underage sales test purchases at licensed premises in the Borough during the period. It was pleasing to note that each test purchase resulted in a refusal to the underage volunteer concerned. Licensing Enforcement Officers have also conducted 2 test purchases at takeaway premises in the Beddau area, as they identified that the Lic Act Cttee 17/01/17 8 Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 premises were trading in the absence of the appropriate Late Night Refreshment licences. A similar test purchase was conducted in the Pontypridd area. As a result of the test purchases, warning letters were sent to the three premises concerned. Further checks of these premises will be undertaken. Licensing Enforcement Officers have also conducted a test purchase of alcohol at a Private Members Club in the Llantwit Fardre area, this resulted in a breach of licensable activity. Officers have subsequently met with the club and have provided appropriate advice and guidance at this stage. (iii) Premises Inspection & Infringements 45 premises in the Borough were inspected in the last period. Licensing Officers also took part in Operation 'Orange Vulcan' over the Bonfire / Halloween period reminding licensees as to their licence conditions and seeking their co-operation with regards to the sale of eggs and flour. A summary of infringements arising from inspection is reproduced as Appendix 1B. The most common infringements related to licensees not being able to produce their Premises Licence at the time of the inspection and a failure to display the Licence Summary. Two inspections revealed that there was an absent Designated Premises Supervisor (DPS) which the premises subsequently rectified in order to resume the retail sale of alcohol. Six inspections identified non compliance with CCTV Conditions and two further inspections identified a change of layout from existing plans held by the Licensing Authority. These matters were dealt with by means of a warning letter and the premises will be revisited to confirm compliance. Minor Variations were submitted to address the change of premise layouts. (iv) Complaints, Advice and Guidance Cynon Valley Licensing and Trading Standards Officers are investigating an allegation that an Aberdare Off Licence has sold Strongbow Cider to a 14 year old female. Enquiries with the Licensee concerned are ongoing with Officers having obtained CCTV footage relating to the time of the alleged sale. An update will be provided in future reports. Lic Act Cttee 17/01/17 9 Licensing Committee (Sitting in its role under the Licensing Act 2003) 17th January 2017 Officers received information which alleged that a Private Members Club no longer met the qualifying status of a club. Enquiries with the representatives of the club are continuing.