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The Chair introduced the
Members of the Licensing Sub-Committee together with the Legal
Advisor, the Apprentice Solicitor, the Principal Licensing
Officer and the Democratic Services
Officer.
The Legal Advisor explained
that a preliminary issue of compliance with the Licensing Act 2003
(Premises licences and club premises certificates) Regulations 2005
(‘the Regulations’) had to be determined and explained
the procedure to the parties.
Members were advised that the
publication of the advertisement for the application made in the
local newspaper, was within 12 working days and not 10 working days
as required by the Regulations. The
Applicant had complied with the Regulations as detailed in the
report. The parties were invited to make submissions on this matter
and advised that the Licensing Sub-Committee would determine this
issue before a full hearing could proceed.
Upon hearing the submissions
all parties left the room for the Members to
deliberate. The Licensing Sub-Committee
determined that the Applicant had substantially complied with the
Regulations and therefore the publication of the advertisement in
the local newspaper within 12 working days instead of 10 had
not caused substantial injustice or
prejudice. The hearing for the
application could proceed.
The Legal Advisor set out the
hearing procedure and all parties in attendance, agreed that the
procedure was understood.
The Licensing Officer presented
the application which sought the variation of a premises
licence. The variation submitted
applies to events only. The variation
sought to:-
- Permit a finish time on Sunday at an
outdoor live music event of 22:30hrs varying from the current
21:30hrs.
- To allow up to six music events,
between 1 May and 15 July each year, avoiding local school
holidays. This is a reduction in the
number of permitted events and time
period in which they can occur, from the current
licence.
- Add additional conditions as set out
in the Operating Schedule at part M of the Application.
The Applicant had provided a
copy of the Event Management Plan in respect of events carried out
in 2023 in support of the application.
This was attached at Appendix C.
There had been one
representation from a local resident objecting to the variation
relating to the following Licensing Objectives:
- the Prevention of Public
Nuisance
- the Prevention of Crime and
Disorder; and
- Public Safety.
The respondent was not in
attendance. The Principal Licensing Officer read out the
representation. There were no other
representations from any of the other Responsible
Authorities.
The Applicant spoke in support
of the application and responded to questions from Members, the
Legal Advisor.
All parties were advised that a decision
notice would be issued within five working days of the hearing. The
Legal Advisor stated that the parties had a right of appeal against
the decision notice to the Magistrates Court within 21 days of
being notified of the decision.
The meeting was closed so that
the Members could determine the application.
RESOLVED that
the application to vary the licence was agreed for the reasons set
out in the formal decision notice attached.
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