Agenda and draft minutes

It was proposed, seconded and

          RESOLVED:

                    That Councillor Frank Warby 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.

No substitutes were declared.

No apologies for absence were received.

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

Report No. LSC/SE/15/006

(a)    Pre-Hearing

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

(1)     it was announced that Mr Charalambos Zachariou, the applicant was present.  He was represented by Mr Graham Hopkins and Mrs Linda Potter of GT Licensing Consultants.  None of the ‘Other Persons’ who had submitted written representations were present at the hearing;

(2)     the applicant confirmed that he had received a copy of the Officers’ written report (reference LSC/SE/15/006);

(3)     the applicant confirmed that he did not wish to amend or withdraw the application;

(4)     the Licensing Officer reported that none of the parties had submitted additional supporting information;

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

(6)     the Chairman asked the applicant the amount of time he required to present his case.  As a result, the Sub-Committee determined that the maximum time allowed for the applicant to present his case would be 15 minutes;

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

(b)    Hearing

The Licensing Officer presented Report LSC/SE/15/006 (previously circulated) in connection with an application received for a new Premises’ Licence in respect of Déjà Vu Sandwich Bar Café Ltd, 6/8 Queen’s Street, Haverhill.  A copy of the application was attached as Appendix 1 to the Report.  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 need to show that to grant the licence would:

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

(b)     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 the Council’s Statement of Licensing Policy.

The Sub-Committee was further advised that it could take any of the steps set out below, provided they were proportionate and appropriate for the promotion of the Licensing Objectives:

Grant the licence applied for; or

Grant the licence, subject to such conditions as are consistent with the Operating Schedule accompanying the application, modified to such an extent as the authority considers necessary for  ...  view the full minutes text for item 20.