Report
Licensing Sub-Committee
Part 1
Date:
1 May 2015
Item No:
1
Subject
Temporary Event Notice Objection
Courtyard, 46 Cambrian Road Newport, NP20 4AB.
Purpose
To consider the objection notice served on the Licensing Authority by Heddlu Gwent
Police in respect of a notice of a temporary event to take place at Courtyard, 46
Cambrian Road Newport, NP20 4AB and having regard to the objection notice, to
consider whether the premises user should be given a counter notice to ensure the
promotion Licensing Objectives in respect of the Prevention of Crime and Disorder,
Prevention of Public Nuisance, Public Safety and Protection of Children from Harm.
Author
Principal Licensing Officer
Ward
As indicated in the report
Summary The Licensing Committee has delegated powers to take decisions in relation to
licensing applications. The Licensing Committee will make the decision on whether
a counter notice should be served on the premises user.
Proposal
To make a decision on the application as detailed within this report.
Contact
Principal Licensing Officer
Action by Head of Law and Regulation
Timetable Immediate
Signed
24th March 2015
1. Application
On 17th April 2015 a notification under Section 100 of the Licensing Act 2003 giving notice of a
temporary activity was served by Mr Gethin Hughes for a proposed temporary event providing
‘licensable activities’ to be held at the Courtyard, 46 Cambrian Road Newport, NP20 4AB .
This notification (Copy attached as Appendix 1) was served on Newport City Council via the online
provisions of the Councils website and in accordance with procedure was served on the
responsible authorities of Heddlu Gwent Police and Newport City Council Environmental Health
Department the same day giving those responsible authorities 3 working days to make
representation.
2. Temporary Activities
The notice details that the premises user has advised that the premises will be used for the
temporary activities of the Sale of Alcohol, Provision of Regulated Entertainment between
05:00am until 6:00am on 3rd May 2015.
The maximum number of people as indicated within the Notice at any one time that will be allowed
on the premises during the times when licensable activities take place during the event, including
staff, will be 499.
3. Existing Authorisations
The Premises currently holds a Premise Licence under the Licencing Act 2003, (A copy of the
Premises Licence is attached as Appendix 2 of this report) The Premises Licence holder is N P
Clubs Ltd and the Designated Premises Supervisor is Mr Iftekhar Harris.
4. Objection Notice
In accordance the amended Guidance under Section 182 of the Licensing Act 2003 an objection to
this notice .(Copy attached Appendix 3) was served on the Licensing Authority by Heddlu Gwent
Police in accordance of Section 104 Licensing Act 2003 which allows responsible authorities 72
hours to consider such notice of a Temporary Event, on the grounds that the event would
undermine the Licensing Objective in respect of the Prevention of Crime and Disorder, Prevention
of Public Nuisance, Public Safety and Protection of Children from Harm.
This objection having met the statutory requirements was accepted and the notification has been
referred to Newport City Council’s Licensing Sub-Committee for determination.
5. Legal Considerations
a. The Temporary Event Notification has been served in accordance with requirements of the
Licensing Act 2003, Police Reform and Social Responsibilities Act 2012.
b. The objection to this Temporary Event Notification complies with the provisions of Section 182
of the Licensing Act 2003 which provides that the Secretary of State must issue and, from time
to time, may revise guidance to licensing authorities on the discharge of their functions under
the 2003 Act
c. The police and a local authority exercising environmental health functions have a period of
three working days from when they are served a copy of the notice to object to it on the basis
of any of the four licensing objectives.
d. If the licensing authority receives an objection notice from the police or local authority
exercising environmental health functions that is not withdrawn, it must (in the case of a
standard TEN only) hold a hearing to consider the objection (unless all parties agree that this is
unnecessary).
24th March 2015
e. The licensing committee may decide to allow the licensable activities to go ahead as stated in
the notice.
f.
If the notice is in connection with licensable activities at licensed premises, the licensing
authority may also impose one or more of the existing licence conditions on the TEN (insofar
as such conditions are not inconsistent with the event) if it considers that this is appropriate for
the promotion of the licensing objectives.
(Existing Conditions are attached at Appendix
2 of this report)
g. If the authority decides to impose conditions, it must give notice to the premises user which
includes a statement of conditions (a “notice (statement of conditions)”), and provide a copy to
each relevant party.
h. Alternatively, it can decide that the event would undermine the licensing objectives and should
not take place. In this case, the licensing authority must give a counter notice.
i.
All decisions taken by the Sub-Committee must
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be within the legal powers of the Council and its Committees;
comply with any procedural requirement imposed by law;
be undertaken in accordance with the procedural requirements imposed
by the Council;
be fully and properly informed;
be properly motivated; and
be reasonable and proper in all the circumstances.
6. Issues for Discussion.
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The objection notice from Heddlu Gwent Police and evidence provided.
Information provided by the applicant.
Does the notice undermine the promotion of the ‘Licensing Objectives’
To allow the event as notified.
To allow the event (with the provision of attaching one or more of the existing premises licence
conditions)
To issue a counter notice if it is decided that the allowing the event to proceed would
undermine the licensing objective of the prevention of crime and disorder.
Alastair Dearling
Principal Licensing Officer
24th March 2015
Appendices
Appendix 1
Temporary Event Notification
A copy of the ‘online’ notification/application form served under section 100 of the Licensing Act
2003 by Mr Hughes giving notice of a temporary event, to be held at Courtyard.
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24th March 2015
Appendix 2 Copy of Premises Licence issued under Licensing Act 2003
24th March 2015
Schedule 12
Part A
(THIS PART OF THE LICENCE
MUST BE KEPT AT THE
PREMISES AT ALL TIMES AND
PRODUCED UPON REQUEST
OF AN AUTHORISED OFFICER)
Premises Licence
City of Newport
Premises Licence Number
14/00200/LAPV
Part 1 – Premises Details
Postal address of premises, or if none, ordnance survey map reference or description, including Post
Town, Post Code
Courtyard
46-50 Cambrian Road
Newport
South Wales
NP20 4AB
Telephone number
Where the licence is time limited the dates
Not Applicable
Licensable activities authorised by the licence
Sale by retail of Alcohol
Performance of Dance
Exhibition of a Film
Performance of Live Music
Playing of Recorded Music
Live or Recorded Music, or similar
Late Night Refreshment
Times the licence authorises the carrying out of licensable activities
Sale by retail of Alcohol
Monday to Friday inclusive 08:00 - 04:00
Saturday 08:00 - 05:00
Sunday 08:00 - 04:00
Sunday prior to a Bank Holiday 08:00 - 05:00
Bank Holiday Mondays 08:00 - 05:00
Christmas Eve 08:00 - 05:00
Boxing Day 08:00 - 05:00
New Year's Eve 08:00 - 08:00
Performance of Dance
Monday to Friday inclusive 08:00 - 04:30
Saturday 08:00 - 05:30
Sunday 08:00 - 04:30
Sunday prior to a Bank Holiday 08:00 - 05:30
Bank Holiday Mondays 08:00 - 05:30
Christmas Eve 08:00 - 05:30
Boxing Day 08:00 - 05:30
New Year's Eve 08:00 - 08:00
24th March 2015
Exhibition of a Film
Monday to Friday inclusive 08:00 - 04:30
Saturday 08:00 - 05:30
Sunday 08:00 - 04:30
Sunday prior to a Bank Holiday 08:00 - 05:30
Bank Holiday Mondays 08:00 - 05:30
Christmas Eve 08:00 - 05:30
Boxing Day 08:00 - 05:30
New Year's Eve 08:00 - 08:00
Performance of Live Music
Monday to Friday inclusive 08:00 - 04:30
Saturday 08:00 - 05:30
Sunday 08:00 - 04:30
Sunday prior to a Bank Holiday 08:00 - 05:30
Bank Holiday Mondays 08:00 - 05:30
Christmas Eve 08:00 - 05:30
Boxing Day 08:00 - 05:30
New Year's Eve 08:00 - 08:00
Playing of Recorded Music
Monday to Friday inclusive 08:00 - 04:30
Saturday 08:00 - 05:30
Sunday 08:00 - 04:30
Sunday prior to a Bank Holiday 08:00 - 05:30
Bank Holiday Mondays 08:00 - 05:30
Christmas Eve 08:00 - 05:30
Boxing Day 08:00 - 05:30
New Year's Eve 08:00 - 08:00
Live or Recorded Music, or similar
Monday to Friday inclusive 08:00 - 04:30
Saturday 08:00 - 05:30
Sunday 08:00 - 04:30
Sunday prior to a Bank Holiday 08:00 - 05:30
Bank Holiday Mondays 08:00 - 05:30
Christmas Eve 08:00 - 05:30
Boxing Day 08:00 - 05:30
New Year's Eve 08:00 - 08:00
Late Night Refreshment
Monday to Friday inclusive 23:00 - 04:30
Saturday 23:00 - 05:30
Sunday 23:00 - 04:30
Sunday prior to a Bank Holiday 23:00 - 05:30
Bank Holiday Mondays 23:00 - 05:30
Christmas Eve 23:00 - 05:30
Boxing Day 23:00 - 05:30
New Year's Eve 23:00 - 05:00
The opening hours of the premises
Monday to Friday inclusive 07:00 - 04:30
Saturday 07:00 - 05:30
Sunday 07:00 - 04:30
Where non standard timings are authorised, the opening times shall be as those authorised for
licensable activities with an additional 30 minutes on the terminal hour.
Where the licence authorises supplies of alcohol whether these are on and / or off supplies
Alcohol is supplied for consumption on the Premises
24th March 2015
Part 2
Name, (registered) address, telephone number and email (where relevant) of holder of premises licence
N P Clubs Ltd
54 Cambrian Road
Newport
South Wales
NP20 4AB
Telephone Number 01633 259144
Registered number of holder, for example company number, charity number (where applicable)
Registered Business Number 08311938
Name, address and telephone number of designated premises supervisor where the premises licence
authorises for the supply of alcohol
Mr Iftekhar Harris
54 Cambrian Road
Newport
South Wales
NP20 4AB
Personal licence number and issuing authority of personal licence held by designated premises
supervisor where the premises licence authorises for the supply of alcohol
Party Reference: NCC/11/0965
Licensing Authority: Newport City Council
This Premises Licence is issued by Newport City Council as Licensing Authority under Part 3 of the
Licensing Act 2003 and regulations made thereunder.
Dated this
Helen Wilkie
Public Protection Manager
24th March 2015
Mandatory conditions
1. No supply of alcohol may be made under the premises licence:
i) at a time when there is no designated premises supervisor in respect of the premises licence; or
ii) at a time when the designated premises supervisor does not hold a personal licence or his personal
licence is suspended.
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a
personal licence.
3. Where at specified times one or more individuals may be at the premises to carry out a security activity,
each individual must be licensed by the Security Industry Authority.
For the purposes of this section:
i) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies; and
ii) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in
relation to paragraph 8 of that Schedule.
4. The admission of children to the exhibition of any film must be restricted in accordance with any
recommendation made by the British Board of Film Classification (BBFC) or in the absence of a
recommendation from the BBFC, the Licensing Authority.
For the purposes of this section:
i) "children" means persons aged under 18 years of age.
5. The responsible person must ensure that staff on relevant premises do not carry out, arrange or
participate in any irresponsible promotions in relation to the premises.
In this paragraph, an irresponsible promotion means any one or more of the following activities, or
substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for
consumption on the premises (a) games or other activities which require or encourage, or are designed to require or encourage,
individuals to –
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the
premises before the cessation of the period in which the responsible person is authorised to sell or
supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the
public or to a group defined by a particular characteristic in a manner which carries a significant risk of
undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the
purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a
significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of,
the premises which can reasonably be considered to condone, encourage or glamorise anti-social
behaviour or to refer to the effects of drunkenness in any favourable manner; .
(e)dispensing alcohol directly by one person into the mouth of another (other than where that other
person is unable to drink without assistance by reason of disability).
6. The responsible person must ensure that free potable water is provided on request to customers where it
is reasonably available.
7. (1) The premises licence holder must ensure that an age verification policy is adopted in respect of the
premises in relation to the sale or supply or alcohol.
(2) The premises licence holder must ensure that an age verification policy is adopted in respect of the
premises in relation to the sale or supply of alcohol
24th March 2015
(3) The designated premises supervisor in relation to the premises licence must ensure that the supply
of alcohol at the premises is carried on in accordance with the age verification policy.
(4) The policy must require individuals who appear to the responsible person to be under 18 years of age
(or such older age as may be specified in the policy) to produce on request, before being served alcohol,
identification bearing their photograph, date of birth and either:
(a) a holographic mark, or
(b) an ultraviolet feature
8. The responsible person must ensure that
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises
(other than alcoholic drinks sold or supplied having been made up in advance ready for sale or
supply in a securely closed container) it is available to customers in the following measures(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) these measures are displayed in a menu, price list or other printed material which is available to
customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol be sold, the
customer is made aware that these measures are available
New Mandatory condition for on and off sales from 28 May 2014
(1) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the
premises for a price which is less than the permitted price.
(2) In this condition:(a) "permitted price" is the price found by applying the formula P = D + (D x V), where(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date
of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were
charged on the date of the sale or supply of the alcohol;
(b) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises
licence(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises
certificate, any member or officer of the club present on the premises in a capacity which enables the
member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act
1994.
(3) Where the permitted price would not be a whole number of pennies, the permitted price shall be
taken to be the price rounded up to the nearest penny.
(4) Where the permitted price on a day ("the first day") would be different from the permitted price on the
next day ("the second day") as a result of a change to the rate of duty or value added tax, the
permitted price which would apply on the first day applies to sales or supplies of alcohol which take
place before the expiry of the period of 14 days beginning on the second day.
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Conditions consistent with the Operating Schedule
9. No adult entertainment or services, activities, other entertainment or matters ancillary to the use of the
premises that may give rise to concern in respect of children, (for example, but not exclusively, nudity or
semi nudity), regardless of whether children are present on the premises, are permitted within the
premises at any time when the premises is open to the public.
10. The Premises Licence holder shall be a member of and actively support Newport City Centre's
Pubwatch.
11. CCTV cameras shall be in place which record all licensed areas of the premises. CCTV shall be
operational at all times when the premises is trading. All recordings shall be retained for a minimum of 28
days and shall be made available to an Authorised person on request.
12. Signage shall be displayed prominently within the premises to advise that CCTV in is operation.
13. All drinking vessels shall be manufactured from polycarbonate or strengthened glass.
14. The Premise Licence Holder shall participate in Newport City Centre's Radionet.
15. When the premises closes, by way of DJ announcement and active doorstaff, all patrons shall be
advised to leave the premises and surrounding area quietly.
16. Notices shall be displayed prominently at all exits from the premises to request that customers leave the
premises and surrounding area quietly.
17. Any person evicted from the premises for acts of violence or criminality shall be reported immediately, to
Heddlu Gwent Police. The manager shall record details of such incidents in the premises log
book/diary/electronic recording system and this record shall be produced upon request to any authorised
officer.
18. There shall be no admission to unaccompanied children save for those occasions when under 18yr
events are taking place and for those occasions prior to 2300 hours on any day when accompanied
children are taking table meals at the premises.
19. Whenever a designated premises supervisor is not at the premises, another individual must be
nominated as being the responsible person nominated by the designated premises supervisor to
manage the premises and they must have the contact details of the designated premises supervisor.
20. A log book shall be maintained at the premises, in which shall be recorded the following details:
(i) The door supervisor's name;
(ii) His/her Security Industry Authority full licence number;
(iii) The time and date he/she starts and finishes duty;
(iv) Each entry shall be signed by the door supervisor.
That logbook shall be available for inspection on demand by an Authorised Officer of the Council, the
Security Industry Authority or a Police Constable.
21. When the premises are operating at a patron capacity of 100 or more persons:
a) 2 door supervisors to control the queue to the premises to ensure that customers are advised of the
amount of time they are going to have to wait to gain entry and to prevent any customers who have
behaved in such a way as to cause a public nuisance or disturbance from entering the premises.
b) Door supervisors registered with the SIA shall keep an accurate record of the numbers in attendance
c) 2 Door supervisors to be positioned at each entrance/exit (other than fire exits) to ensure that no
customer leaves with any bottles or glasses.
d) The third floor smokers area shall be supervised by a minimum of 1 SIA registered door staff.
e) 2 door supervisors registered with the SIA will remain at the entrance/exits of the premises until after
the last customer has left.
24th March 2015
22. There shall be in force for the premises a search policy for prospective customers, which shall be
developed in liaison with and to the satisfaction of Newport Police. There shall be displayed at the
entrance to the premises a notice informing prospective customers of the search policy.
23. Door Staff will wear high visibility armbands which clearly displays their SIA licence at all times and
produce their badge upon the request of a Police Officer.
24. The designated premises supervisor will counter sign the incident book at the end of every shift to
ensure that the door staff are recording all details of incidents and to record, even if no incidents happen.
Conditions attached after a hearing by the licensing authority
NIL.
Plans
Please see attached plans (reference number).
24th March 2015
Appendix 3
Objection Notice
Objection Notice from Heddlu Gwent Police under section 104 of the Licensing Act 2003.
24th March 2015