Licensing of Alcohol and Gambling Sub-Committee Agenda 29 January 2013 (PDF 5,422 KB)

Licensing of Alcohol and Gambling Sub-Committee Agenda 29 January 2013 (PDF 5,422 KB)



LICENSING OF ALCOHOL AND GAMBLING

SUB-COMMITTEE

TUESDAY 29 JANUARY 2013 AT 14:30 PM

COUNCIL CHAMBER, CIVIC CENTRE, HEMEL HEMPSTEAD

The Councillors listed below are requested to attend the above meeting, on the day and at the time and place stated, to consider the business set out in this agenda.

Councillors Mrs Green (Chairman), Conway and G Sutton

For further information, please contact Trudi Coston, Member Support Officer, on Tel:

01442 228226, or Email: [email protected]

. Information about the

Council can be found on our website: www.dacorum.gov.uk

PART I

ITEM PAGE

1. Introductions

2. Minutes

3. Apologies for Absence

4. Declarations of Interests

5. Licence Hearing

Premises: Tring Supermarket

37 Christchurch Road

Tring

Hertfordshire

HP23 4EH

6. Procedure for the Hearing

7. Exclusion of the Public

2

2

2

2

3-38

39

41

1

1. INTRODUCTIONS

2. MINUTES

To confirm the minutes of the meeting held on 15 January 2013. To be circulated separately.

3. APOLOGIES FOR ABSENCE

To receive any apologies for absence

4. DECLARATIONS OF INTEREST

To receive any declarations of interest

A member with a disclosable pecuniary interest or a prejudicial interest in a matter, who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw to the public seating area.

A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Members’ Register of Interests or the subject of a pending notification, must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interest are defined in Part 2 of the Members’ Code of Conduct.

2

AGENDA ITEM: 5

SUMMARY

Report for:

Licensing of Alcohol and Gambling

Sub-Committee

Date of meeting: 29

th

January 2013

PART:

1

If Part II, reason:

Title of report:

Contact:

Corporate objectives:

Implications:

Application for Premises licence

Sally Taylor

– Senior Assistant Licensing Officer

Purpose of report:

This report sets out details of applications in respect of premises licences or club premises certificates, which require consideration and determination by the Sub-

Committee in accordance with the adopted scheme of delegation.

Recommendations

That the Sub-Committee consider the contents of the report, and representations made in respect of the application(s), and determine the application(s) in accordance with the options set out below.

Safe and Clean Environment

Applications are required to be considered with regard to the promotion of four licensing objectives, comprising the prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm.

Dacorum Delivers

Consideration of applications for premises licences and club premises certificates is a statutory function, with a risk of judicial proceedings and reputational damage should the authority fail to properly exercise its functions.

Financial

None

Value for Money

None

3

Risk Implications None

Equalities

Implications

None

Health And Safety

Implications

None

Consultees:

Consultation requirements are prescribed by legislation, and differ depending upon the type of application. Details of representations made by consultees are set out below.

Background papers:

Licensing Act 2003, and associated regulations

Dacorum Borough Council’s Statement of Licensing Policy

Guidance to Licensing Authorities under section 182 of the

Licensing Act 2003 (Home Office, April 2012)

Glossary of acronyms and any other abbreviations used in this report:

1. Background

1.1. The supply of alcohol, provision of regulated entertainment, provision of facilities for regulated entertainment and sale of late night refreshment are licensable activities under the Licensing Act 2003. Authorisation from the

Council, in its role as the licensing authority, is required in order to carry on any of these activities at premises within the borough.

1.2. The Act provides several forms of authorisation for different scenarios.

Persons or organisations wishing to carry on activities at premises on a regular basis, or at larger one-off events, will require a premises licence to authorise those activities. Members’ clubs, satisfying a number of statutory criteria, may alternatively hold a club premises certificate.

1.3. Under the scheme of delegation adopted by the Council, the Licensing of

Alcohol & Gambling Sub-

Committee (“the Sub-Committee”) is responsible for the exercise of many of the functions of the licensing authority, including determination of applications where representations have been received.

2. Applications

2.1. The application detailed in part 5 of this report has been made to the licensing authority and requires consideration and determination by the Sub-

Committee.

2.2. Notice of application was given by the applicant in each case, through service of a copy of the application on specified ‘responsible authorities’ (this obligation is fulfilled by officers where the application was given electronically). The applicant was also required to give public notice of the application, by way of publication of details in a local newspaper, and by displaying a statutory notice at or near the premises. Failure to comply with these requirements would render an application invalid. Officers have undertaken checks to ensure that these requirements were satisfied.

4

2.3. The applicant(s) and persons making representations have been given notice of the hearing in accordance with statutory requirements.

3. General principles to be followed when determining applications

3.1. When considering applications, the licensing authority is required to carry out its functions with a view to promoting the licensing objectives, which are:

 the prevention of crime and disorder;

 public safety;

 the prevention of public nuisance; and

 the protection of children from harm.

3.2. The licensing authority must also have regard to its Statement of Licensing

Policy, and to the statutory guidance issued by the Home Office under section

182 of the Act. Attention is drawn to specific, relevant provisions from these documents, with the details of the applications in the Appendices.

3.3. The Sub-Committee must ensure that all licensing decisions have a direct relationship to the promotion of one or more of the licensing objectives. Every application should be considered on its merits, and there must not be a

'blanket policy' to the extent that it is applied so rigidly that an exercise of discretion in each individual case is precluded. Applications must be considered with regard to the principles of fair process and the Human Rights

Act.

3.4. The Statement of Licensing Policy makes clear to applicants and persons who have made representations the considerations that will be taken into account when determining applications. It is also intended to guide the Sub-

Committee when considering licensing applications; however, the Sub-

Committee may depart from either the Statement of Licensing Policy or the statutory guidance where the circumstances of the application justify it and if there are good reasons for doing so. Full reasons must be given and Sub-

Committees should be aware that such departures could give rise to an appeal or judicial review.

3.5. The provisions of chapter 10 of the statutory guidance highlight that only precise, necessary and proportionate conditions, which promote one or more of the licensing objectives, should be attached to the licence or certificate.

The Sub-Committee should only impose such conditions as are necessary to promote the licensing objectives arising out of the consideration of the representations received , and should avoid straying into undisputed areas.

Conditions duplicating other statutory provisions are not considered to be appropriate.

3.6. It is considered inappropriate for officers involved in the administration of applications to make recommendations. However officers from the

Responsible Authorities may request conditions be imposed on a licence and make recommendations with regard to the licensing objectives.

3.7. Parties to a hearing, including the applicant and persons who made relevant representations, may have rights of appeal against any decision made by the

Sub-Committee, dependent upon the nature of the decision. Appeals may be instituted by way of written notice to a Magistrates Court, within 21 days of being notified of the decision.

5

4. Options available to the Sub-Committee

4.1. When determining an application for the grant of a premises licence (under section 17 of the 2003 Act), the Sub-Committee must, having regard to relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) grant the licence subject to any applicable mandatory conditions, and conditions consistent with the operating schedule modified to such extent as the authority considers appropriate for the promotion of the licensing objectives;

(b) exclude from the scope of the licence any of the licensable activities to which the application relates;

(c) refuse to specify a person in the licence as the premises supervisor;

(d) reject the application.

4.2. When determining an application for a provisional statement (under section

29), the Sub-Committee must, on the basis of the relevant representations made in respect of that application and the application itself, take such of the steps set out at paragraph 4.1 as it considers appropriate for the promotion of the licensing objectives, if it had to decide whether to grant a premises licence in the same terms.

4.3. While considering an application for the variation of an existing licence, only the proposed variation(s) may be considered. No changes can be made to a licence or the conditions attached unless they are (part of) the subject of the variation application.

4.4. When determining an application for the variation of a premises licence

(under section 34), the Sub-Committee must, having regard to relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) modify the conditions of the licence (by way of alteration, omission or addition);

(b) reject the whole or part of the application.

If neither of these steps are to be taken the application shall be granted.

4.5. When determining an application for the variation of a premises licence to specify an individual as designated premises supervisor (under section 37), or for transfer of a premises licence (under section 42), the Sub-Committee must, having regard to the police objection notice, reject the application if it considers it appropriate for the promotion of the licensing objectives to do so, or grant the application otherwise.

4.6. When determining an application for the review of a premises licence (under section 51), a summary review of a premises licence (under section 53A), or a review of a premises licence following a closure order (under section 167), the

Sub-Committee must, having regard to the application and any relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) take no action;

(b) modify the conditions of the licence (by way of alteration, omission or addition);

(c) exclude a licensable activity from the scope of the licence;

6

(d) remove the designated premises supervisor;

(e) suspend the licence for a period not exceeding three months;

(f) revoke the licence.

4.7. When determining an application for the grant of a club premises certificate

(under section 71), the Sub-Committee must, having regard to relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) grant the certificate subject to any applicable mandatory conditions, and conditions consistent with the club operating schedule modified to such extent as the authority considers appropriate for the promotion of the licensing objectives;

(b) exclude from the scope of the certificate any of the qualifying club activities to which the application relates;

(c) reject the application.

4.8. When determining an application for the variation of a club premises certificate (under section 84), the Sub-Committee must, having regard to relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) modify the conditions of the certificate (by way of alteration, omission or addition);

(b) reject the whole or part of the application.

If neither of these steps are to be taken the application shall be granted.

4.9. When determining an application for the review of a club premises certificate

(under section 87), the Sub-Committee must, having regard to the application and any relevant representations made in respect of that application, take such of the following steps as it considers appropriate for the promotion of the licensing objectives:

(a) take no action;

(b) modify the conditions of the certificate (by way of alteration, omission or addition);

(c) exclude a qualifying club activity from the scope of the certificate;

(d) suspend the certificate for a period not exceeding three months;

(e) withdraw the certificate.

5. Details of application

5.1. The following application requires consideration and determination by the

Sub-Committee. Further details on the application are contained in the indicated appendix:

Appendix Premises name / address Type of application

A

Tring Supermarket, 37 Christchurch

Road, Tring, Hertfordshire HP23 4EH

Grant of a premises licence (section 17)

7

Application No 1

Applicants name

Name and address of premises

APPENDIX A

Mr Narinderjit Singh Ubhi and Mr Sarvdeep

Singh Sagoo

Tring Supermarket

37 Christchurch Road

Tring

Hertfordshire

HP23 4EH

Tring West and Rural

Ward

1.

1.1

Current Licence

The premises is not currently subject to authorisation under the Licensing

Act 2003.

2. Application

2.1 An application has been made for the grant of a new premises licence under section 17 of the Licensing Act 2003.

2.2 The application initially requested the supply of alcohol for consumption off the premises between the hours of 08:00 and 23:00 Monday to Saturday, and

10:00 to 21:00 on Sundays. An error on the original application in respect of the closing times under section L ‘Hours premises open to the public’ which showed the closing time as 22:00 hours, was subsequently amended by e-mail by the applicant to bring the closing times into line with the supply of alcohol.

The application in its original form is produced at Annex A.

2.3 Following the receipt of representations, the applicants amended the application to request the supply of alcohol for consumption off the premises between the hours of 08:00 and 20:00 Monday to Saturday and 10:00 hours to

20:00 hours on Sundays. The premises would close to the public in line with these amended times. Correspondence from the applicant requesting this amendment is produced at Annex B.

2.4 In addition, following discussions with the Police, further conditions relating to the provision of CCTV, implementation of the Challenge 21 protocol and other measures to minimise underage sales, and staff training were voluntarily added to the application by the applicant. Correspondence relating to these amendments is produced at Annexes C1 to C3.

2.5 A map of the area and plan of the premises are set out at Annex D1 and D2.

3. Details of Representations

3.1 Seven representations have been received from persons living in the vicinity of the premises. All have been notified in writing of the amendments that have been made to the application. These representations are produced at Annexes

E1 to E7. The applicant had also expressed a wish to meet with those persons that had made representations to discuss the application, and was in the

8

process of organising this at the time the agenda was being produced.

3.2 The following responses were received from responsible authority officers in respect of the application:

Fire Officer: no relevant representations.

Police: See paragraph 2.4.

Environmental Health (Pollution): no relevant representations.

Environmental Health (Health and Safety): no relevant representations.

4. Observations

4.1

Relevant extracts from the Council’s Statement of Licensing Policy and the statutory guidance are set out at Annex F.

9

APPLICATION FORM

ANNEX A

10

11

12

13

14

15

16

17

ANNEX B

REQUEST FROM APPLICANT TO AMEND PROPOSED HOURS FOR

LICENSABLE ACTIVITIES AND OPENING HOURS FOLLOWING

REPRESENTATIONS

18

ANNEX C1

LETTER TO APPLICANT FROM HERTFORDSHIRE CONSTABULARY

SUGGESTING AMENDMENTS TO APPLICATION

19

20

ANNEX C2

21

ANNEX C3

22

23

MAP SHOWING LOCATION OF PREMISES

ANNEX D1

24

PLAN OF LAYOUT OF PREMISES

ANNEX D2

25

REPRESENTATIONS RECEIVED FROM OTHER PERSONS

ANNEX E1

26

ANNEX E2

27

ANNEX E3

28

ANNEX E4

29

30

ANNEX E5

31

ANNEX E6

32

ANNEX E7

33

ANNEX F

LOCAL POLICY CONSIDERATIONS

It is considered that the following policies have a bearing on the application:

The Council has a duty under the Act to carry out its functions with a view to promoting the 4 licensing objectives, as follows: -

 the prevention of crime and disorder public safety the prevention of public nuisance the protection of children from harm.

1.5 Nothing in this Statement of Licensing Policy prevents applications being considered on their own merits, nor will it undermine the right of any person applying for a variety of permissions under the Act.

1.7 In addressing these matters the Licensing Authority will primarily focus on the direct impact of the activities taking place at the licensed premises on members of the public living, working or engaged in normal activity in the area concerned.

3.2 In carrying out its licensing functions, the Licensing Authority must also have regard to its policy statement, and any statutory guidance under the Act, it is also bound by the Human Rights Act 1998. The Licensing Authority must also fulfil its obligations under section 17 of the Crime and Disorder Act 1998 as follows: “Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area”.

3.3 It is recognised that the licensing function is only one means of securing the delivery of the above objectives and should not therefore be seen as a means for solving all local problems. The Licensing Authority will therefore continue to work in partnership with its neighbouring authorities, the police, local businesses and local people towards the promotion of the licensing objectives as outlined.

3.4 The Licensing Authority expects applicants to address the licensing objectives in their operating schedule having regard to the type of premises, the licensable activities to be provided, the operational procedures, the nature of the location and the needs of local communities. The operating schedule should contain sufficient information to enable any Responsible Authority or Interested Party to assess whether the steps taken to promote the licensing objectives are satisfactory.

Cumulative Impact

5.1 The cumulative impact of licensed premises on the promotion of any of the licensing objectives is a matter that the Licensing Authority can take into account. This should not, however, be confused with any question of ‘need’ which relates more to the commercial demand for a particular type of premises e.g. a pub, restaurant or hotel. The issue of ‘need’ is a matter for the market to decide and does not form part of this policy statement.

5.2 The Licensing Authority may receive representations from either a Responsible

Authority or an Interested Party, that the cumulative impact of new licenses is leading to an area becoming saturated with premises of a certain type, making it a focal point for large groups of people to gather, and thereby creating exceptional problems of

34

disorder and nuisance over and above the impact from the individual premises themselves. In such cases the issue of cumulative impact can be taken into account when considering the individual merits of any application.

5.3 The Licensing Authority will not operate a quota of any kind, which would predetermine any application, nor will it seek to impose general limitations on trading hours in particular areas. Instead, regard will be given to the individual characteristics of the premises concerned within a given area. It is recognised that pubs, nightclubs, restaurants, hotels, theatres and other clubs all sell alcohol, serve food and provide entertainment, but with contrasting styles and characteristics. Proper regard will be had to those differences and the impact they are likely to have on the local community.

5.4 In determining whether to adopt a special policy for a particular area the Licensing

Authority may, among other things:-

identify concern about crime and disorder or public nuisance;

consider whether there is good evidence that crime and disorder or public nuisance are happening and are caused by the customers of licensed premises, or that the risk of cumulative impact is imminent;

identify the boundaries of the area where the problems are occurring;

consult with those specified in section 5(3) of the 2003 Act;

include and publish details of any special policy in their Policy Statement.

5.5.Having considered the available evidence and undertaken consultation, the

Licensing Authority considers that there is no particular part of Dacorum causing a cumulative impact on the promotion of any of the licensing objectives at the present time.

Licensing Hours

6.5 Shops, stores and supermarkets will generally be permitted to sell alcohol for consumption off the premises during the normal hours they intend to open for shopping, unless there are good reasons, based on the licensing objectives, for restricting those hours; for example a limitation may be appropriate following police representations in the case of shops known to be a focus of disorder and disturbance.

6.6 The Licensing Authority will deal with the issue of licensing hours on the individual merits of each application. However, when issuing a licence stricter conditions are likely to be imposed with regard to noise control in the case of premises that are situated in largely residential areas.

Children and Licensed Premises

7.1 The Licensing Authority expects that issues in respect of the protection of children from harm will be addressed in the operating schedule.

7.8 One of the mandatory conditions that came into force in October 2010 specifies that the premises licence or club premises certificate holder must operate an age verification policy in relation to alcohol sales. This requires individuals that appear to be under 18 (or such older age as may be specified in the policy) to produce identification which bears their photograph, date of birth and a holographic mark.

Administration, Exercise and Delegation of Functions

19.3 Applications where there are relevant representations will be dealt with by a Sub-

Committee of the Licensing Authority, as will any application for review of a licence.

35

19.4 The Licensing Authority will expect individual applicants to address the licensing objectives in their operating schedule having regard to the type of premises, the licensable activities to be provided, the operational procedures, the nature of the location and the needs of the local community. Applicants should make themselves aware of this Policy, and in particular the issues that will need to be addressed in formulating the operating schedule.

NATIONAL GUIDANCE

Each application on its own merits

1.16 Each application must be considered on its own merits and in accordance with the licensing authority’s statement of licensing policy where, for example, its effect on cumulative impact is relevant. Conditions attached to licences and certificates must be tailored to the individual type, location and characteristics of the premises and events concerned. This is essential to avoid the imposition of disproportionate and overly burdensome conditions on premises where there is no need for such conditions.

Standardised conditions should be avoided and indeed may be unlawful where they cannot be shown to be appropriate for the promotion of the licensing objectives in an individual case.

Avoiding duplication of other legal requirements

1.17 The licensing authority should only impose conditions on a premises licence or club premises certificate which are appropriate and proportionate for the promotion of the licensing objectives. If other existing law already places certain statutory responsibilities on an employer at or operator of a premises, it cannot be appropriate to impose the same or similar duties on the premises licence holder, or club. It is only where additional and supplementary measures are appropriate to promote the licensing objectives that there will be a requirement for appropriate, proportionate conditions to be attached.

Public Nuisance

2.33 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working

(including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

2.34 Public nuisance is given a statutory meaning in many pieces of legislation. It is however not narrowly defined in the 2003 Act and retains its broad common law meaning. It is important to remember that the prevention of public nuisance could therefore include low-level nuisance, perhaps affecting a few people living locally, as well as major disturbance affecting the whole community. It may also include in appropriate circumstances the reduction of the living and working amenity and environment of other persons living and working in the area of the licensed premises.

2.35 Conditions relating to noise nuisance will normally concern steps appropriate to control the levels of noise emanating from premises. .....Any conditions appropriate to promote the prevention of public nuisance should be tailored to the type, nature and characteristics of the specific premises.....

36

2.36 As with all conditions, those relating to noise nuisance may not be appropriate in certain circumstances where the provisions of the Environmental Protection Act 1990, the Noise Act 1996, or the Clean Neighbourhoods and Environment Act 2005 adequately protect those living in the area of the premises. But as stated earlier in this

Guidance, the approach of licensing authorities and responsible authorities should be one of prevention and when their powers are engaged, licensing authorities should be aware of the fact that other legislation may not adequately cover concerns raised in relevant representations and additional conditions may be appropriate.

2.37 Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods.......In certain circumstances, conditions relating to noise immediately surrounding the premises may also prove appropriate to address any disturbance anticipated as customers enter and leave.

2.39 In the context of preventing public nuisance, it is again essential that conditions are focused on measures within the direct control of the licence holder or club.

Conditions relating to public nuisance caused by the anti-social behaviour of customers once they are beyond the control of the licence holder, club or premises management cannot be justified and will not serve to promote the licensing objectives.

However, premises should have adequate dispersal policies (where appropriate) in place to ensure that customers leave the premises promptly and with minimal disruption to those in the surrounding area.

2.40 Beyond the immediate area surrounding the premises, these are matters for personal responsibility of individuals under the law. An individual who engages in antisocial behaviour is accountable in their own right. However, it would be perfectly reasonable for a licensing authority to impose a condition, following relevant representations, that requires the licence holder or club to place signs at the exits from the building encouraging patrons to be quiet until they leave the area and to respect the rights of people living nearby to a peaceful night.

Protection of Children from Harm

2.45 Licensing authorities and responsible authorities should expect applicants , when preparing an operating schedule ..... to set out the steps to be taken to protect children from harm when on the premises.

Determining Applications

Where representations are made

9.3 Where a representation concerning the licensing objectives is made by a responsible authority about a proposed operating schedule and it is relevant, the licensing authority’s discretion will be engaged. It will also be engaged if another person makes relevant representations to the licensing authority, which are also not frivolous or vexatious. Relevant representations can be made in opposition to, or in support of, an application and can be made by any individual, body or business that has grounds to do so.

9.33 As a matter of practice, licensing authorities should seek to focus the hearing on the steps considered appropriate to promote the particular licensing objective or objectives that have given rise to the specific representation and avoid straying into undisputed areas. A responsible authority or other person may choose to rely on their written representation. They may not add further representations to those disclosed to the applicant prior to the hearing, but they may expand on their existing representation.

37

9.34 In determining the application with a view to promoting the licensing objectives in the overall interests of the local community, the licensing authority must give appropriate weight to:

• the steps that are appropriate to promote the licensing objectives;

• the representations (including supporting information) presented by all the parties;

• Section 182 Guidance issued by the Home Office

• its own statement of licensing policy.

9.35 The licensing authority should give its decision within 5 working days of the conclusion of the hearing (or immediately in certain specified cases) and provide reasons to support it. This will be important if there is an appeal by any of the parties.

Notification of a decision must be accompanied by information on the right of the party to appeal. After considering all the relevant issues, the licensing authority may grant the application subject to such conditions that are consistent with the operating schedule. Any conditions imposed must be appropriate for the promotion of the licensing objectives; there is no power for the licensing authority to attach a condition that is merely aspirational. For example, conditions may not be attached which relate solely to the health of customers rather than their direct physical safety.

Imposed Conditions

10.12 The licensing authority may not impose any conditions unless its discretion has been engaged following receipt of relevant representations and it is satisfied as a result of a hearing (unless all parties agree a hearing is not necessary) that it is appropriate to impose conditions to promote one or more of the four licensing objectives.

38

6. LICENSING OF ALCOHOL AND GAMBLING SUB-COMMITTEE PROCEDURE

Introduction

The four licensing objectives, as established by the Licensing Act 2003, are:

• the prevention of crime and disorder;

• public safety;

• the prevention of public nuisance and

• the protection of children from harm.

Each application that comes before the Sub-Committee will be treated on its own merits, and this Licensing Authority will take its decision based upon:

• the merits of the application;

• the promotion of the four licensing objectives;

• the policy of the Licensing Authority, a copy of which can be obtained from the

Council’s Licensing Officer;

• the guidance issued under section 182 of the Licensing Act 2003 by the

Secretary of State for Culture, Media and Sport in July 2004, as amended in

July 2006 and as further amended in June 2007.

Procedure

The procedure of the Sub-Committee will be as follows:

1. The Chairman will open the meeting by:

2.

3.

(a) Introducing the Members of the Sub-Committee, (at the same time indicating any change in membership), and the Officers present, to the parties and any other person in attendance, including any representative of the press;

(b) stating the nature of the matter to be considered, (including a reference to the name of the premises or place concerned) and

(c) explaining the procedure to be followed.

The Chairman will ask those present to introduce themselves and:

(a) if any party, without prior notice, fails to attend or to be represented, the

Sub-Committee will consider whether or not it is necessary in the public interest to adjourn the hearing to a specified date;

(b) if any party is unaccompanied, the Chairman will clarify whether that party understood it was permissible to have a representative;

(c) the Chairman will establish whether it is proposed anyone speak as a spokesperson;

(d) the Sub-Committee will consider:

(i) any properly made request by a party for permission for any other person, (not being a representative), to appear and

(ii) any request to provide late documentary or other information and will only take the same into account if the other parties consent.

The Chairman will ask whether any Member has an interest to declare and whether any Member has visited the premises or place the subject of the application.

39

4.

5.

6.

7.

8.

The Chairman will establish whether all Members of the Sub-Committee have read the papers before them.

The Chairman will ask the Officers present to confirm whether there has been compliance with all relevant requirements and to summarise any relevant information, as necessary.

Members may ask any relevant question of any Officer.

The Chairman will ask each person who is to speak at the meeting for an indication of how much time he or she reasonably estimates is required to make relevant points concisely, and without undue repetition, and will consider a maximum period of time to be applied equally in the case of all the parties.

The Sub-Committee will hear from the Applicant (and any proposed Premises

Supervisor, if applicable), any Responsible Authority and any Interested Party

(in that order, except in the case of a Review where the order will be: the

Interested Party or Responsible Authority which has made the application for

Review, the Licence-Holder and any Interested Party and/or Responsible

Authority which has not made the application for Review). Subject to 2 (d)(ii) above, those persons speaking may only raise points which have been made in writing prior to the meeting and/or give further information, by way of clarification of a point, if this has been sought by the Authority in the notice given by it prior to the hearing.

9. In every case at a suitable point, Members of the Sub-Committee may ask relevant questions of each party.

10. The Sub-

Committee will consider any party’s request to question/crossexamine another party and will not permit cross-examination unless it is of the view that it is required in order for Members to consider the representations, application or notice as the case may be.

11. The Chairman will invite any Interested Party, any Responsible Authority and the Applicant (in that order, except in the case of a Review where the order will be: any Interested Party and/or any Responsible Authority which has not made the application for Review, the Licence-Holder and the Interested Party or

Responsible Authority which has made the application for Review), or those representing them, to summarise their points if they wish. At this stage, the

Applicant will be afforded the opportunity to consider whether or not to propose amendments to the operating schedule with a view to addressing relevant issues and any such amendment would then fall to be discussed.

12. The Chairman will seek confirmation from all parties that they are satisfied they have made all the pertinent points which they wished to make.

13. Members of the Sub-Committee will discuss what has been said and written on the matter before them and make their decision.

14. The Chairman will confirm the decision, the reasons for the decision, and any condition placed upon the licence (if granted) and the licensing objective to which each condition relates.

Please Note

• All properly made applications, notices and representations received from absent parties will be considered.

• An Applicant has a right to appeal, details of which can be obtained via the

Licensing Officer.

40

7.

• The Authority has the right to require any person who, in its opinion, is behaving in a disruptive manner, to leave the hearing and may preclude, or impose conditions in relation to, that person’s return.

EXCLUSION OF THE PUBLIC

To consider passing a resolution in the following terms:

That, under s.100A (4) of the Local Government Act 1972 Schedule 12A Part 1 as amended by the Local Government (Access to Information) (Variation) Order 2006 the public be excluded during the item in Part II of the Agenda for this meeting, because it is likely, in view of the nature of the business to be transacted, that if members of the public were present during that item there would be disclosure to them of exempt information relating to:

41

Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement