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Declarations of Interest
Local Government (Access to Information) Act 1985 - Exclusion of Press and Public
It is considered unlikely that the Committee would wish to exclude the press and public during consideration of the items on this agenda. If, however, the Committee were to exclude the press and public, a resolution in the following form should be passed:
RECOMMENDED that, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following item on the grounds that it involves the likely disclosure of exempt information as defined in the relevant paragraphs 1 & 2 of Part 1 of Schedule 12A of the Act.
Members noted that the application had been withdrawn.
The Chairman introduced the Members of the Sub Committee, Legal Adviser, Licensing Manager and Democratic Services Officers.
The Chair advised that the Sub Committee would take into account the merits of the application against the four licensing objectives: the prevention of crime and disorder, public safety, prevention of public nuisance and the protection of children from harm, in addition to the Home Office Guidance and the Council’s Licensing Policy.
5.2 Procedure to be Followed
The Legal Adviser referred to the procedure to be followed for the Hearing and those present wishing to make verbal submissions. There had been no requests from any other party to speak at the hearing. The procedure was as previously circulated to all interested parties with the Notice of Hearing. All parties had been sent an agenda.
5.3 The Council’s Licensing Officer’s Report
The application is for a Premises Licence to be granted under the Licensing Act 2003 is to allow the Supply of Alcohol. Attached is a copy of the location plan and plan of premises (Appendix A).
The operating schedule shows:-
Hours Premises Open to the Public:
Monday to Thursday 0700hrs to 2200hrs
Friday and Saturday 0700hrs to 2300hrs
Sunday 1000hrs to 1730hrs
Relevant licensable activities:
· Supply of alcohol.
Hours of licensable activities:
Supply of Alcohol (on/off the premises) Monday to Thursday 1000hrs to 2130hrs
Friday and Saturday 1000hrs to 2230hrs
Sunday 1000hrs to 1700hrs
Seasonal variation on all licensable activities
Bank Holidays 1000hrs to 2230hrs
Supply of alcohol is for consumption on and off the premises.
The Council has received 22 representations of objection, on the grounds of Public Nuisance. 1 objector was present at the Hearing acting as a representative for others who had made representations.
The Applicant was also present at the hearing.
5.4 Address by interested parties
We heard from the objector who highlighted that the noise levels from the Ice Cream Parlour were loud but bearable during the day and busy summer season however, if the hours were to be extended late into the evening the residents felt that those levels would become intolerable and impact on amenity.
There was also concern that people would start using the premises as a place to buy cheap alcohol once the local shop shut at 10pm, again increasing noise levels.
The objector stated that the front of the premises was open and therefore made it easy for children to enter potentially putting them at risk. There were often bikes resting against railings from visiting cyclists which meant that members of the public were having to walk into the road which was a safety concern.
The Objector also mentioned that there were concerns that the Applicant would be unable to uphold the licensing objectives effectively.
There were no questions put to the objector by the committee.
We then heard from the applicant, who submitted that the premises was not intended to operate as a place for people to buy cheap alcohol, they simply wanted the option to ... view the full minutes text for item 5.