Agenda and minutes

Prior to the commencement of the meeting, the Chairman asked all individuals present not to cause a disturbance or interrupt the meeting.  He advised that, if necessary, anyone making a disturbance may be asked to leave the Council Chamber.

There were no apologies for absence.

There were no substitutes at the meeting.

Members of the public are invited to put questions/statements of not more than 3 minutes duration relating to items to be discussed in Part 1 of the agenda only.

The Chairman had been advised that Mrs Sara Beckett wished to speak at the meeting, however, Mrs Beckett explained that she actually wished to address the meeting in respect of the representation she had made with regard to Heaven Awaits’ application (Report No. LIC/FH/15/001) and this would be undertaken as part of the hearing process with regard to the consideration of this item later on the agenda.

To confirm the minutes of the meeting held on 10 November 2014 (copy attached).

The minutes of the meeting held on 10 November 2014 were unanimously accepted by the Committee as an accurate record, subject to it being noted that Councillor Rachel Hood was in fact Mayor of Newmarket Town Council (and not Deputy Mayor), and were signed by the Chairman.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Chairman agreed for this item to be brought forward on the agenda so that the application for a combined Hackney Carriage/Private Hire driver’s licence (Report No. LIC/FH/15/002) could be considered prior to Heaven Awaits’ renewal application hearing.

With 6 voting for the motion and with 4 abstentions, it was

          RESOLVED:

That, under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972 and indicated against each item.

Report No: LIC/FH/15/002

The Committee was asked to consider an application for a Combined Hackney Carriage/Private Hire Driver’s Licence under the provisions of Section 51 of the Local Government (Miscellaneous Provisions) Act 1976.

The driver attended the meeting to present his case and answered Members’ questions.

The driver and the Licensing Officer left the meeting prior to the Committee’s deliberations.

It was proposed and duly seconded that the application be approved and the license be granted.  Upon this being put to the vote and with 7 voting for the motion and with 3 abstentions, it was

                   RESOLVED:

That the application for a Combined Hackney Carriage/Private Hire Driver’s Licence be granted.

The driver and the Licensing Officer then re-joined the meeting in order to be advised by the Lawyer of the Committee’s decision.  The Chairman wished the driver well but stressed that the Committee would have concerns should he appear before them again.  Following which the driver left the meeting.

On conclusion of this item the press, public and all other parties were invited to re-join the meeting.

Report No: LIC/FH/15/001

The Hearing Procedure set out in Attachment A of the report will be adopted in considering this item.

The Lawyer welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Panel were made by the Chairman.

The Lawyer outlined the procedure for the conduct of Sex Establishment Licensing Hearings which was attached as Attachment 1 to Report No LIC/FH/15/001.

The following parties were present at the Hearing:

(a)     Applicant

(i)      Ms Helen Cardy, Poppleston Allen, Solicitor to the Applicant

(ii)     Mr Mitchell Clarke, Director, Heaven Awaits Ltd, 109-111 High Street, Newmarket

(iii)    Mr Philip Kolvin QC, Barrister to the Applicant

(iv)    Mr Jason Newell, Director, Heaven Awaits Ltd, 109-111 High Street, Newmarket

(v)     Mr Mathew Rolfe, Director, Heaven Awaits Ltd, 109-111 High Street, Newmarket

(b)     Interested Parties

          (i)      Mr Andrew Appleby, local resident

          (ii)     Mrs Sara Beckett, local resident

          (iii)    Mr David Dadds, Solicitor to Newmarket Town Council

          (iv)    Mr Gerald Gouriet QC, Barrister to Newmarket Town Council

          (v)     Mr Robin Hardy, local resident

          (vi)    Councillor Warwick Hirst, Newmarket Town Council

          (vii)   Councillor Rachel Hood, Mayor, Newmarket Town Council

The Business Regulation and Licensing Manager presented the report which explained that an application had been received for the renewal of a Sex Establishment Licence for the Sexual Entertainment Venue Heaven Awaits Ltd, 109-111 High Street, Newmarket.  The premises had been trading since April 2006 and had held a Sexual Entertainment Venue licence since 1 October 2012.  A copy of the application was attached at Appendix 1.

The application was to licence the premises for use as a sexual entertainment venue during the following hours (as per the current premises licence with no proposed changes):-

Monday to Wednesday:  10.00am to 02.00am

Thursday to Saturday:    10.00am to 03.20am

Sunday:                         12.00pm to 03.00am

The application had been served on the Licensing Authority and the Police, neither of which had made representations.  However, following the advertisement of the application 10 representations had been received from interested parties objecting to the application and these were attached at Appendices 3 - 12. 

Also attached as Appendix 13 was a late representation received after the deadline for responses.  The Officer also advised that since publication of the agenda a further two late representations had been received.  It would, therefore, be a matter for the Committee to determine if they were to include these three representations as part of the Hearing.

In addition, the Officer explained that an unknown person had, earlier that day, handed in three separate petitions collectively containing approximately 166 signatures.  However, none of the petitions fully complied with the Council’s policy for petitions (in that they contained incomplete names and addresses) and they had, therefore, not been made available to any parties involved nor had consent been obtained to do so.

The Business Regulation and Licensing Manager explained that in addition to the consideration of the renewal application the Committee was also requested to again consider the premises signage.  The current and main external sign did not comply with the Council’s standard conditions for sex establishments;  ...  view the full minutes text for item 8.

Such other business which, in the opinion of the Chairman, should be considered as a matter of urgency to be specified in the minutes.

There were no items of Urgent Business raised.