Minutes:
The Legal Services Manger briefed all present on the procedure for the meeting and advised the Sub-Committee that an application had been received for the grant of a Premises Licence in respect of The Discovery Centre, North Dock, Llanelli SA15 2LF to permit:-
· Supply of Alcohol - Monday to Sunday 09:00-23:00;
· Opening Hours - Monday to Sunday 08:00-00:00
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 Dyfed Powys Police
· Appendix C – Representations submitted by other persons
The remaining Responsible Authorities had not made representations in respect of the application.
The Sub-Committee considered the documents submitted, and all relevant written representations received before the hearing from the parties.
The Sub-Committee was advised that Dyfed Powys Police had made representations in relation to the application, however, agreement had since been reached between both parties.
At this point the Sub-Committee and applicant were afforded the opportunity of asking questions.
The applicant thereupon addressed the Sub-Committee and advised that:-
All parties present were afforded the opportunity of questioning the applicant on her submission.
The Sub-Committee received an oral representation from a neighbour of the applicants business ‘Langland Brasserie’ in support of the application:
All parties present were afforded the opportunity of questioning the supporter on his submission.
The Sub-Committee did not receive any oral representation from the objector as they were not in attendance.
UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act.
Following the adjournment, the Sub-Committee reconvened to advise of its decision and, having regard to the 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 that having considered all the evidence before it, the sub-committee finds that the application should be granted subject to the licence conditions agreed between the applicant and police.
REASONS
In coming to its decision, the Sub-Committee has made the following findings of fact;
1. No evidence has been presented of alcohol related crime and disorder at, or in the vicinity of, the premises.
2. The applicants were experienced in operating this type of premises as they run a similar business in Swansea.
3. No evidence had been presented to suggest that the running of that business undermines the licensing objectives.
4.
The applicant and police have agreed a set of
conditions which they consider appropriate to add to the licence in
order to promote the licensing objectives.
5. None of the responsible authorities have objected to the granting of the licence.
The Sub-Committee has attached weight to the views of the responsible authorities.
The Sub-Committee recognises 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, are not matters which they can properly take into account.
Whilst the Sub-Committee does not doubt that Mr Powles concerns were genuine, the Sub-Committee had not been presented, either by Mr Powles or any other person, with real evidence that supports those concerns. Similarly, issues relating to the ‘need’ for alcohol premises were not matters that the Sub-Committee could take into account.
The Sub-Committee had not been presented with any evidence which suggested that the professional view of the police regarding this application was incorrect or should be departed from.
Accordingly the Sub-Committee found that it was appropriate to grant the application, subject to the licence conditions agreed between the applicant and police and that this course of action was a proportionate one bearing in mind all the facts of the case.
Supporting documents: