Agenda and minutes

It was unanimously

RESOLVED:

That Councillor John Burns be elected as Chairman

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

There were no substitutes at the meeting. 

There were no apologies for absence.

Report No: LSC/SE/19/001

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

The following parties were present at the Hearing:

Applicant

(i)      Simon Field, Area Manager, Malthurst Petroleum Limited (applicant)

(ii)     Robert Botkai, Winkworth Sherwood LLP (agent)

The Business Partner (Litigation/Licensing) verbally advised the meeting that an email had been received from Mr and Mrs Streatfield, who had submitted the representation attached at Appendix 3 to the report, confirming that they would not be attending the Hearing. 

In their email they drew attention to their representation, as attached, and also made additional reference to other matters which the Officer explained were not relevant to the Licensing Objectives.

The Licensing Officer presented the report which explained that an application had been received for the variation of a premises licence in respect of MRH Great Barton, The Street, Great Barton. 

A copy of the application was attached at Appendix 1 to Report No LSC/SE/19/001 together with a plan at Appendix 2.  Prior to the meeting Officers had issued a supplementary paper to the agenda which provided the Sub-Committee with a copy of the existing premises license.

In response to questions from Members the Licensing Officer confirmed that there had been no representations received from any Responsible Authorities. 

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 could to prevent crime and disorder in the area.

If the Licensing Authority decided that this application should be refused it would need to show that the grant of 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, then the application should be granted.

In making their decision, Members were also advised to consider the Licensing Act 2003, the Guidance on the Act and the Council’s Statement of Licensing Policy. 

The Sub-Committee then heard the applicant’s submission from the parties present.

In presenting the case for the applicant, Mr Botkai explained that Malthurst Petroleum Limited was a national company who operated a large number of service stations throughout the country.

The aim of the variation application was to maximise the asset at Great Barton and to enable the service station to provide the entire offer during operating hours.

Mr Botkai reminded the Sub-Committee that no objections had been received from Responsible Authorities and no evidence had been submitted to show that the variation would undermine the licensing objectives.

Councillor Mike Chester posed questions with regard to light and noise pollution.  In response, Mr Botkai stated that there was a separate planning process that would need to be undertaken by the applicant and that these matters would be addressed as part of that process.  ...  view the full minutes text for item 105.

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.

With the vote being unanimous, it was

RESOLVED:

That, under Section 100(A) 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 Section 12A of the Local Government Act 1972 and indicated against each item.

Report No: LSC/SE/19/002

The Chairman outlined the procedure for the conduct of the Hearing as attached to the agenda.

The Licensing Team Leader presented the report which explained that Members were requested to review a combined Hackney Carriage/Private Hire Driver’s Licence under the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976.

Members needed to be satisfied that that the driver was a fit and proper person to hold a licence issued by the Council. 

The Officer drew attention to the evidence submitted at Appendices 1 and 2 of Report No LSC/SE/19/002 and outlined the steps available to Members in reaching their determination of the case before them.

With the vote being unanimous, it was

RESOLVED:

That, having taken into account all representations received, considered alongside the Licensing Authority’s duty to protect the public, the Sub-Committee was satisfied that a zero tolerance position should be taken.  Accordingly, THE DRIVER’S HACKNEY/PRIVATE HIRE LICENCE WAS REVOKED WITH IMMEDIATE EFFECT.