Agenda, decisions and minutes

An apology for absence was received from County Borough Councillors S. Bradwick and A O Rogers.

To receive disclosures of personal interest from Members in accordance with the Code of Conduct.

Note:

1.    Members are requested to identify the item number and subject matter that their interest relates to and signify the nature of the personal interest; and

2.    Where Members withdraw from a meeting as a consequence of the disclosure of a prejudicial interest they must  notify the Chairman when they leave.

RESOLVED – In accordance with the Members Code of Conduct, the following declaration of personal interests in a matter pertaining to the agenda was declared: -

County Borough Councillor G. Holmes in respect of agenda item 4, “One of the businesses in the report is well known to me”.

To note, that when Members determine the licensing and registration matters before them, they have a duty not to act in a manner that is incompatible with the convention on Human Rights and the Crime and Disorder Act.

It was RESOLVED to note that when Members determine the licensing and registration matters before them, they have a duty not to act in a manner that is incompatible with the convention on Human Rights and the Crime and Disorder Act.

To approve as an accurate record, the minutes of the  Licensing Committee (Sitting in its role under the Licensing Act 2003) held on the 5^th September 2023.

It was RESOLVED to approve the minutes of the 5^th September 2023 as an accurate reflection of the meeting.

The Head of Service for Public Protection and Regulatory Services provided the Committee with the report on relevant issues with regard to the Licensing Act 2003 and the Gambling Act 2005 for the 21^st August 2023 to 26^th November 2023, together with ancillary matters arising from the responsibilities charged to the Committee.

An analysis of the TEN’s applications indicates, 45 for existing premises licenses, 54 for permitted community events and 15 from Private Members Clubs. Member were reminded that the TENs applications remain at a high level which can be expected at this time of the year.  Also, as we ended August, the food festivals which utilised the temporary permissions for the sale of alcohol gave way to Halloween discos, firework events and currently, Christmas fayres and extension of hours on licensed premises.  Furthermore, these seasonal events are in addition to the typical TENs we receive throughout the year for fund raising and sporting activities.

In addition, Members learned that it remains a busy time amongst the team with a rise in transfer, Vary DPS and Minor Variation applications some of which will have been the outcome of infringements picked up by the Officers during licensing inspections.

The Head of Service for Public Protection and Regulatory Services reported that since the last Committee report, there had been one contested application for a Grant of a Premises Licence which had been Refused as it would undermine the licensing objectives in respect of crime & disorder, public nuisance & the protection of children from harm. Furthermore, that one Review has been determined for the period by South Wales Police for No 12 Drinks Emporium, Pontypridd, whereby the Sub-Committee determined for the Licence to be suspended for a period of 6 weeks due to continued non-compliance, lack of confidence in the management and the undermining of the licensing objective Crime & Disorder, and also, an Appeal had been lodged by the Old Post Office (Squares), Porth whereby the Hearing took place on the 9^th and 10^th October 2023, and was determined by the District Judge who was of the opinion that the noise did not amount to a public nuisance and accordingly found in favour of the appellant, Gold Bar Two Ltd. which allows the premises to continue to trade with their original licensing conditions.

Members were referred to section 4.3 of the report, where the premises inspections and infringements were outlined. It was reported that the current performance level for inspected premises which is at 90%.

Members were advised that a pub in Mountain Ash recently came to the attention of the team due to the unnecessary behaviour of the owner towards an Environmental Health Officer while trying to conduct her duties.  Also, that the male was described as obstructive and abusive and appeared to be drunk, as a result the Officer felt it necessary to leave the premises and return at a later date. Furthermore, Licensing Officers spoke to the DPS of the premises the following day  ...  view the full minutes text for item 20.

“That the press and public be excluded from the meeting under Section 100A(4) of the Local Government Act 1972 (as amended) for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 13 of Part 4 of Schedule 12A of the Act”.

It was RESOLVED that the press and public be excluded from the meeting under Section 100A(4) of the Local Government Act 1972 (as amended) for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 13 of Part 4 of Schedule 12A of the Act.

(i)  Personal Licences                                                                                                                                              

(ii) Premises Licences             

The Head of Service for Public Protection and Regulatory Services provided the Committee with details of licences and registrations issued during the period 21^st August 2023 to 26^th November 2023. 

Following discussions, it was RESOLVED to note the content of the report.