Minutes for Licensing Act Sub Committee (Central) meeting, Aug 18 2009, 10.00AM official page

It was moved by John Dyer, seconded by Tony Martin and

RESOLVEDthat Mary May be elected Chairman for the purposes of the meeting.

The Chairman welcomed everyone to the meeting and advised of the Emergency Evacuation and Domestic Procedures.

Submissions had been received for Temporary Event Notices (reports previously circulated) which, due to statutory time limits, needed consideration.

There were no apologies for absence.

There were no declarations of interest.

The Sub-Committee gave consideration to a report (previously circulated) in which determination was sought for an application to vary the Premises Licence for Jon Buoys Chippy, 24A Beachfield Avenue, Newquay.

The Senior Licensing Officer presented the report, explaining that the variation was for an extra hour each day to the current licence and the application was before the Sub Committee following representations from the Devon and Cornwall Constabulary and Environmental Health.

Applicant’s submission

Lucy Taylor and Sarah Adams outlined their reasons for the additional hour.  The applicants felt that if the Sub Committee were to grant them an extra hour each day their business would stand a better chance of surviving. 

There are currently two bins outside the premises and one bin inside, the applicant offered to provide additional bins should the application be approved.

Representations from Responsible Authorities

Tony Duffy - Police Licensing Officer

The Police Licensing Officer spoke briefly on the Cumulative Impact Zone and reminded Members that it was the applicant’s responsibility to provide evidence that there will be no further impact to the Cumulative Impact Zone as a result of the application.

Inspector Dave Meredith – Newquay Police

Inspector Meredith spoke about the Cumulative Impact Zone and was concerned that there was no detail in the operating schedule demonstrating that no further impact would be made in granting the extension. 

He informed Members that dispersal was a major problem in Newquay; fast food establishments open later than clubs and pubs cause people to hang around rather than going home, hindering dispersal. 

Inspector Meredith also talked about Police resources and the concerns of residents and holiday makers in regard to disturbances and public safety. 

Kevin Brader - Environmental Health Officer

The Environmental Health Officer spoke in objection to the application in relation to Public Nuisance. 

Members were shown photographs taken on 21^st July 2009 within the Cumulative Impact Zone, evidencing that litter was a significant problem in the centre of Newquay.

He also talked about control issues relating to licensed premises in Newquay and referred to Policy 2.2 of Restormel Borough Council’s Managing the Night Time Economy Strategy and pages 27 and 28 of Restormel Borough Council’s Licensing Policy.

Applicant’s response to Responsible Authorities

The applicant responded to the Responsible Authorities objections and felt they will alleviate problem, soaking up some of the alcohol with food.

Representations from Police Witnesses

Geoff Brown CC

Councillor Brown concurred with the Police and informed Members that residents were already experiencing significant disturbances.  Noise from customers of the Chip Shop was likely to cause further disturbances as the noise will be from outside and closer to residents than the clubs and pubs. 

If the extension was granted this would have a detrimental impact on the cumulative impact zone, holding people in the town centre and exacerbating the problem.

Guy Thomas – Newquay Town Centre Manager

Newquay Town Centre Manager spoke in objection to the additional hour as he felt the premises was too close to  ...  view the full minutes text for item 29.1

The Sub-Committee gave consideration to a report by the Licensing Officer, (previously circulated) in respect of two Temporary Event Notices for Bude Football Club, Broadclose Hill, Bude.

The Licensing Officer outlined the report and advised that Devon and Cornwall Constabulary had submitted an Objection Notice.

Applicant’s Submissions

Mr Phil Routledge informed the Sub Committee that the event was part of the Bude Jazz Festival and was the largest event held in Bude in any year.

The applicant felt the conditions the police wished to impose were more appropriate on the full licence, which an application had been submitted to the Licensing department, therefore he had not agreed to them. 

Members’ Questions

Following a question, Mr Routledge advised that the Jazz Festival had been running in Bude for twenty two years.

Representation from Responsible Authorities

John Olver – Police Licensing Officer

The Police Licensing Officer attended the meeting and presented the Objection Notice from the Police. He advised that the grounds for objection were due to lack of control of the persons and numbers attending that will give rise to incidents of crime and disorder.

Final Submission from the Applicant

The applicant stated he was happy to work with the Police and agree conditions for the full licence application however did not accept the conditions for the Jazz Festival.

Members’ Questions

Following a question, the Police Licensing Officer stated there had been no problems arising from the Jazz Festival over the last twenty two years. 

The Sub Committee adjourned at 11.24am and reconvened at 11.55am to present its decision.

It was moved by Tony Martin, seconded by Mary May and

RESOLVED that the proposed temporary licensable activities at Bude Football Club be allowed.

Decision

Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council’s Policy and the Licensing Act 2003, the Sub Committee decided that the temporary Licensable activities proposed to take place from Saturday 29 August 2009 to Tuesday 1 September 2009 and Thursday 3 September 2009 to Sunday 6 September 2009 between the hours of 9am and midnight at Bude Football Club, Broadclose Hill, Bude be allowed.

Reasons

Due to the nature of the event and clientele that will be present, it was felt by the Sub Committee that the Temporary Event Notices would not undermine the Crime Prevention objective.

Informative

The Sub-Committee noted that they are unable to impose conditions however would wish the applicant to note that they consider it prudent for those matters already agreed to be implemented and for dialogue with the Police to continue.

It was anticipated that any problems with this event would be reported by the Police to the Licensing Authority when considering any further application.

The Senior Licensing Officer advised that the application had been dealt with by way of documentation following agreement between the parties.

The Sub-Committee gave consideration to a report (previously circulated) in which determination was sought for an application to vary the Club Premises Certificate for Athenaeum Club, Falmouth.

The Senior Licensing Officer presented the report, explaining that the application was before the Sub Committee following representations from interested parties.

Applicant’s Submission

Jack Orders presented the application, requesting that the restriction for consumption of alcohol in the outside patio area at the front of the building until 7pm each day be removed. 

Representations from Interested Parties

Mr and Mrs Kitchen

Mrs Kitchen spoke in objection to the application due to patrons outside the club causing noise disturbance.  Mr Kitchen stated that although he had not complained to the Club he had experienced problems with noise from patrons.

Members’ Questions

Following questions, Members were informed that the Athenaeum Club had been running for forty eight years and Mrs Kitchen had lived in her home for three years.  The total membership of the club is approximately two hundred and forty, there are never more than twenty patrons midweek and no more than thirty at weekends.

Final Submission from the Applicant

Colin Bate, Trustee of Athenaeum Club summarised asking the Sub Committee to remove the restriction of consumption on the patio and allow patrons to have a drink and a cigarette on the patio until 10.30pm.  Environmental Health did not raise any concerns and other neighbours in the area had not objected.

The Sub Committee adjourned at 12.10pm and reconvened at 12.39pm to present its decision.

It was moved by Tony Martin, seconded by John Dyer and

RESOLVED that the application for variation of Club Premises Certificate for Athenaeum Club, Falmouth be approved subject to an additional condition.

Decision

Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council's Policy and the Licensing Act 2003, the Sub Committee decided to approve the variation for the consumption of alcohol in the outside patio area at the front of the building until 10.30pm Monday to Saturday and 10pm on Sundays, subject to the following condition.

Reasons

The Sub Committee was of the opinion that the inclusion of the condition in addition to those previously imposed will assist in promoting the prevention of public nuisance licensing objective.

Conditions

Signage be erected both inside and outside the premises reminding patrons to respect the neighbourhood and keep noise to a reasonable level.

In reaching this decision the Sub Committee took into account the clientele that is believed to frequent the premises.

There were no items of urgent business to be considered.

The Committee is asked to consider a resolution that the press and public be excluded from the meeting for the business specified in the following item(s) on the grounds that there is likely to be a disclosure to the public of exempt information of the following descriptions:-

1.  Information relating to an individual

2.  Information which is likely to reveal the identity of an individual

7.  Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

There has been compliance with the public interest test provisions in the Access to Information Act, as amended, in producing this report.

It was moved by John Dyer, seconded by Tony Martin and

RESOLVED that in accordance with the Local Government (Access to Information) (Variation) Order 2006, the press and public be excluded from the meeting during consideration of the following items of business as they would be likely to involve the disclosure of exempt information of the following descriptions:-

1.  Information relating to an individual

2.  Information which is likely to reveal the identity of an individual

7.  Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

The Sub Committee were asked to consider a request from the Police that the press and public be excluded from the meeting for the consideration of the Temporary Event Notice in relation to Indian Express, on the grounds that there was likely to be a disclosure to the public of exempt information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

The Sub-Committee gave consideration to a report by the Licensing Officer, (previously circulated) in respect of two Temporary Event Notices for Indian Express, 1 Central Square, Newquay.

The Senior Licensing Officer outlined the report and advised that Devon and Cornwall Constabulary had submitted an Objection Notice in respect of the notices.

Applicant’s Submissions

The applicant, Miss McCarthy, spoke in support of her application and had submitted temporary event notices for the last four years with no objections from the Police. 

Police Representation

Tony Duffy, Police Licensing Officer explained why he had put forward a request to consider this item in private session.

The Police had issued an objection notice because the premises are within the Cumulative Impact Zone and they are within the hotspot of Central Square.  The Police felt that crime and disorder had been directly linked with fast food establishments and does not help with dispersal.

Inspector Dave Meredith – Newquay Police

Inspector Meredith spoke about the Cumulative Impact Zone and raised concerns that there was no detail in the operating schedule demonstrating that no further impact would be made in granting the extension. 

He informed Members that dispersal was a major problem in Newquay; fast food establishments open later than clubs and pubs cause people to hang around rather than going home, hindering dispersal.

Inspector Meredith added that residents were in support of the Police objection. 

Members’ Questions

Following a question, Inspector Meredith advised reasonable Police resources would be available over the Bank Holiday weekend however limited resources are available from 4am.

Final Submission from the Applicant

In response to the Police representation, the applicant informed the Sub Committee that there was a taxi rank outside her premises to take people home and CCTV in operation both inside and outside of her premises, helping towards dispersal and preventing crime and disorder.

In summary, she was trying to run a business and wishes to make the most of the busy period to help her shop stay open through the winter.

Residents that she had spoken to did not feel the food establishments are the cause of the alcohol fuelled antisocial problems in Newquay; people purchase alcohol from the pubs and clubs. 

The applicant asked whether she could sell cold food until 0500, if a counter notice was issued.  It was clarified by the Senior Licensing Officer that she must close her premises to the public at 0130 as that is the time specified on her licence.

The Sub Committee adjourned at 1.11pm and reconvened at 1.28pm to present its decision.

The legal advisor  ...  view the full minutes text for item 32.

The Sub-Committee gave consideration to a report by the Licensing Officer, (previously circulated) in which determination was sought for an application to grant a Personal Licence.

The Senior Licensing Officer outlined the report and explained that as part of the application process the applicant must disclose any convictions, which he declared he had none.  The applicant submitted a basic Criminal Records Bureau check with his application, which showed a relevant, unspent drink driving conviction.

Applicant’s Submission

The applicant spoke in support of his application and apologised for his actions back in 2006 and for omitting the conviction with his application.  He told the Sub Committee that he is not a drinker and explained his personal circumstances around the time of the incident. 

The applicant had applied for a Personal Licence to progress his career.

The Senior Licensing Officer advised that the applicant had given her a letter from the Managing Director of his employer which he requested Members to take into account when considering his application.

Representation from Responsible Authorities

Tony Duffy – Police Licensing Officer

The Police Licensing Officer outlined the applicant’s conviction and the reasons for the police objection. 

Members’ Questions

Members asked questions in relation to the application.

Final Submission from the Applicant

The applicant apologised again for his actions and stated that he is a family man who wished to progress his career. 

The Sub Committee adjourned at 1.44pm and reconvened at 1.57pm to present its decision.

It was moved by John Dyer, seconded by Tony Martin and

RESOLVED that the application for a Personal Licence be granted subject to an informative.

Decision

Arising from consideration of the report, the evidence and submissions from all parties and having regard to the Statutory Guidance, the Council's Policy and the Licensing Act 2003, the Sub Committee decided to grant the application for a Personal Licence.

Reasons

The Sub Committee took into account the submission by the applicant in relation to specific circumstances at the time of the commission of the offence.

Additionally it was noted that this was the applicant’s only offence.

Informative

If the applicant is convicted of any subsequent offence then the recommendation would be for the Committee at that time to deal harshly with him.

There were no confidential items of urgent business to be considered.