Agenda item

APPLICATION FOR THE GRANT OF A PREMISES LICENCE, 2 NOTT SQUARE, CARMARTHEN, SA31 1PG

TO ADJOURN THE MEETING AND RECONVENE AT 10:10 A.M AT 2 NOTT SQUARE, CARMARTHEN IN ORDER TO UNDERTAKE A SITE INSPECTION IN CONNECTION WITH THE LICENSING APPLICATION.

 

FOLLOWING THE CONCLUSION OF THE ABOVE SITE INSPECTION THE MEETING WILL ADJOURN AND RECONVENE IN THE CHAMBER, COUNTY HALL, CARMARTHEN AT 10.30 A.M. IN ORDER TO RECEIVE REPRESENTATIONS AND TO DETERMINE THE ABOVE- MENTIONED APPLICATION.

Minutes:

The Sub Committee adjourned at County Hall Carmarthen at 10.05 a.m and reconvened on site at 10:10 a.m at 2 Nott Square, Carmarthen, in order to view the property.  Following conclusion of the site visit, the Sub Committee reconvened in the Council Chamber at County Hall, Carmarthen at 10:30 a.m. to consider the application.

 

The Legal Services Manager briefed all present on the procedure for the meeting.  The Sub Committee was advised that an application had been received from Adam Cole for a premises licence in respect of the above premises to allow:

 

·         Supply of Alcohol, Films, Indoor Sporting Events, Live Music, Recorded Music, and Performances of Dance - Monday & Tuesday 12:00-02:00, Wednesday to Sunday 12:00-03:00.

  • Opening Hours - Monday & Tuesday 12:00-02:30, Wednesday to Sunday 12:00-03:30.

 

The Sub Committee noted that the following documentation was attached to the report:

 

·         Appendix A – copy of the application.

·         Appendix B – representations submitted by the Licensing Authority.

·         Appendix C – representations submitted by Dyfed Powys Police.

·         Appendix D – representation submitted by Public Health Services.

·         Appendix E – representations submitted by other persons.

 

The Licensing Authority representative referred to his representations as detailed within Appendix B and also to the representations received from Dyfed Powys Police (Appendix C) and the Public Health Services (Appendix D).  The Licensing Authority representative also referred to the Draft Proposed Licence Conditions referred to above.

 

All parties were afforded the opportunity of questioning the Licensing Authority representative on the representations made. 

 

The Sub Committee thereupon received representation from Carmarthen Town Council expressing concerns and objecting to the grant of a premises licence on the grounds detailed in Appendix E.

 

All parties were afforded the opportunity of questioning the evidence submitted.  The applicant and his solicitor thereupon addressed the concerns and issues raised.

 

The Sub Committee thereupon

 

UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12A of the Local Government Act.

 

Following the adjournment, the Sub Committee reconvened to advise of its decision and, having had regard to relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was

 

RESOLVED, having considered the evidence placed before the Sub Committee, that the application be granted subject to the agreed licencing conditions proposed by the responsible authorities and agreed by the applicant.

 

REASONS:

 

The Sub Committee had regard to the written representations made to it, as well as the evidence put before it.  It also had regard to relevant paragraphs of the licensing Authority’s Statement of Licensing Policy and the Guidance issued by the DCMS and the Home Office, and those to which it had been referred by the parties.

 

In coming to its decision, the Sub Committee made the following findings of fact:

 

  1. The premises had not previously been licensed to sell alcohol.
  2. The premises was located in a mixed residential/commercial part of the town centre, close to residential premises.
  3. The premises was in close proximity to a number of existing licensed premises.
  4. The premises was located in an area identified in the Council’s statement of Licensing Policy as a crime and disorder hotspot.
  5. None of the responsible authorities objected in principle to the granting of the Licence
  6. Additional licence conditions had been proposed by the responsible authorities. These had been accepted by the applicant.

 

The Sub Committee had attached weight to the views of the responsible authorities.

 

The Sub Committee recognised that its decision must be based upon real evidence, and that concerns and fears about what might happen if a licence were granted, where unsupported by such evidence, were not matters which it could properly take into account.

 

The Sub Committee acknowledged the concerns of the Town Council. However, the position of the Police was that the licensing objective of preventing crime and disorder could be sufficiently promoted by the imposition of the agreed additional licence conditions.  Similarly, the position of Public Health Services was that the licensing objective of preventing public nuisance could be sufficiently promoted by the imposition of the agreed additional licence conditions.

 

The Sub Committee did not believe that it had sufficient evidence before it to justify departing from the views of the two responsible authorities.

 

Accordingly, the Sub Committee was satisfied that it was appropriate to promote the licensing objectives by granting the application subject to the agreed licensing conditions and that this was a proportionate response to the issues identified, including those raised by the Town Council.

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