Agenda and minutes

Proposed by Councillor Laws,

Seconded by Councillor Mrs Hollingsbee; and

RESOLVED:

That Councillor Tillson be elected as Chairman for the meeting of the Sub-Committee.

Members of the Council should declare any interests which fall under the following categories*:

a)        disclosable pecuniary interests (DPI)

b)         other significant interests (OSI)

c)         voluntary announcements of other interests

There were no declarations at the meeting.

Report DCL/18/04 sets out the facts for the Licensing Committee to consider in determining an application for a new premise licence. The licensing committee is the Licensing Authority acting in a role previously taken by the Magistrates Court. It is, therefore, not appropriate for officers to make additional comments other than in the capacity as a Responsible Authority under the legislation of the Licensing Act 2003. Therefore there are no comments from Legal, Finance or other officers included in this report.

Report DCL/18/04 set out the facts for the Licensing Sub-Committee to consider in determining an application for a new premise licence. The Licensing Sub-Committee is the Licensing Authority acting in a role previously taken by the Magistrates Court. It is therefore not appropriate for officers to make additional comments other than in the capacity as a Responsible Authority under the legislation of the Licensing Act 2003.  Therefore there are no comments from Legal, Finance or other officers included in the report.

Mr Atkins, Environmental Health and Licensing Manager, presented the Licensing Sub Committee with an overview of the report.

The Chairman introduced those present, and invited the responsible authorities and interested parties to make representations. The Sub-Committee heard a number of representations:

Mr Campbell, on behalf of the council’s Planning Department, outlined his representation and made points including the following:

·        Planning were objecting to the application in respect of the opening hours and supply of alcohol on Fridays and Saturdays until 1am.  Other premises in the vicinity stopped serving alcohol at 11pm, with a 30 minutes allowance for ‘drinking up time’ until 11.30pm.

·        They were also objecting on the grounds of public nuisance, in that the premises was in a residential area.

·        The planning application which was due for decision that week had requested opening hours up to 11.30pm on Fridays and Saturday nights, rather than the 1am times set out in the Licensing applications.

The Chairman then sought clarification from the Environmental Health and Licensing Manager as to whether the points raised were a material consideration.  The Environmental Health and Licensing Manager advised that the points raised were not necessarily grounds for objection and that representations must be evidentially based.

Councillor Pascoe then outlined his representation, making points including the following:

·        He had heard from a large number of residents who were against the application for late night drinking on Friday’s and Saturdays.

·        He agreed with the points the Planning Department had made, in that there should be no sales after 11pm.

·        The premises was in a residential area, where there was a residential home and also a church yard which already attracted drug addicts and drinkers.

·        Other premises in the area had a closing time of 11pm.

·        Late night drinking leads to increases in public nuisance.

There were no other interested parties present at the meeting.  The Sub-Committee stated that they felt that Councillor Pascoe had relayed the residents concerns over late night noise and anti-social behaviour.  A small number of letters had been received, although much of the content was inadmissible.

The applicant, Mr Mark Macfarlanewas then invited to outline the application, and address the concerns raised by the interested parties.  He made points including the following:

·        The premises had not been selling alcohol previously.  A 40^th birthday party had been held the previous weekend but the alcohol had been purchased at a supermarket and had not been sold in the premises.

·        He had no desire to go against the wishes of the Planning Department,  ...  view the full minutes text for item 3.