Agenda and minutes

It was proposed, seconded and

          RESOLVED:

                   That Councillor Sarah Broughton be elected Chairman for this

                   Licensing Act Sub-Committee meeting.

The Member who is substituting for another Member should so indicate together with the name of the relevant absent Member.

It was announced that whilst Councillor Beccy Hopfensperger had been selected to serve on the Sub-Committee for this and the subsequent hearing by the Licensing & Regulatory Sub-Committee she had stood down. The site of the application for a Premises’ Licence was not in Mrs Hopfensperger’s Ward but  she lived opposite it and  therefore wished  to avoid any perception of bias or predetermination. Councillor Patsy Warby who had been the nominated substitute had therefore replaced Mrs Hopfensperger as a member of the Sub-Committee and Councillor Terry Buckle had become the nominated substitute.

No apologies for absence were received.

The Hearing Procedure (previously circulated) was adopted in considering the under-mentioned item.

Report No.  LSC/SE/15/004

(a)        Pre-Hearing

The following actions were taken during the pre-hearing part of the meeting:

(1)     it was announced that Faraidoon Marouf, the applicant, and Paul Byatt,  his representative, were present. Nicholas Corke and Antonia Corke were also present as Other Persons who had submitted written representations in respect of the application. Thomas Coleman  who had also submitted written representations as an Other Person was not present at the hearing;

(2)     all parties confirmed that they had received a copy of the Officers’  written report (Reference LSC/SE/15/004);

(3)     the parties to the hearing confirmed that they did not wish to amend or withdraw their application or representations ;

(4)     the Licensing Officer reported that there had been no requests for witnesses to appear;

(5)     the Licensing Officer reported that none of the parties had submitted additional items of supporting information. A page which had been omitted inadvertently from Appendix 1 of the Officers’ written report was circulated at the meeting. This detailed the opening hours being sought by the applicant which were 09.00 to 23.00 daily;

(6)     the Chairman asked all parties the amount of time they required to present their case. As a result the Sub-Committee determined the maximum time allowed for each party to present their case would be 5 minutes; and

(7)     the Sub-Committee determined that the Substitute Member was not required for the hearing. At the invitation of the Sub-Committee Councillor Buckle remained present as an observer.

(b)       Hearing

The Licensing Officer presented Report LSC/SE/15/004 (previously circulated) in connection with an application received for a new Premises’ Licence in respect of LPR Express, 99 Risbygate Street, Bury St Edmunds. A copy of the Application was attached as Appendix 1 to the Report. The Sub-Committee noted that the opening hours proposed were 09.00 to 23.00 hours each day. A basic location plan was attached as Appendix 2. Three accepted representations had been received and these were attached as Appendix 3.

The four Licensing Objectives of the Licensing Act 2003 were as set out below. Any representations for consideration must relate to one or more of these objectives:

Prevention of Crime and Disorder

Public Safety

Prevention of Nuisance

Protection of Children from Harm

The Report advised the Sub-Committee that Section 17 of the Crime and Disorder Act 1998 imposed a duty on each local 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. If the Licensing authority decided that an application should be refused it needs to show that to grant the licence would:

(1)     undermine the promotion of the Licensing Objectives; and

(2)     that appropriate conditions would be ineffective in preventing the problems involved.

If the Licensing Authority could not show the above, the application should be granted. In making its decision the Sub-Committee was advised to consider the Licensing Act 2003, the Guidance on the Act and  ...  view the full minutes text for item 10.