The Business Partner (Litigation/Licensing)
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:
(a)
Applicant
(i)
Catherine Moriarty, applicant
(ii)
Paul Romaine JP, accompanying the applicant
(b)
Interested Parties
(i)
Helen Ellis, neighbouring resident (and speaking on representation
made in objection to the application)
(ii)
Katherine Whitchurch, neighbouring resident (and speaking on
representation made in objection to the application)
(iii)
Louise Foster, neighbouring resident (and speaking on
representation made in objection to the application)
(iv)
Bob Tyrrell, local resident
(observing)
(v)
Estelle Watson, local resident (observing)
(vi)
Michael Watson, local resident (observing)
The Licensing Officer presented the report
which explained that an application had been received for a new
premises licence in respect of Moriarty’s, 3 Whiting Street,
Bury St Edmunds. A copy of the
application was attached at Appendix 1 to Report No LSC/WS/19/003
together with plans at Appendix 2.
The Officer advised that the application had
been served on all Responsible Authorities. The Council’s Public Health and Housing
department and Suffolk Constabulary had both requested additional
conditions to be added to the Operating Schedule. The applicant had consented to the additional
conditions, as set out in Appendix 3.
Seven representations from local residents had
been made objecting to the application and these were attached to
the report as Appendix 4.
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, with
particular reference to the adopted Cumulative Impact Assessment
within the Council’s Policy.
The Sub-Committee then heard the individual
submissions from each of the parties present.
In presenting her case as applicant, Catherine
Moriarty explained that her intention was to provide a relaxed,
sophisticated venue where patrons could enjoy a drink prior to
moving on to an evening meal elsewhere, or after having visited the
cinema/theatre etc.
She stressed that she did not envisage patrons
spending all evening at her establishment, only light bites would
be served in terms of the food offer and the music was to be in the
form of background music only.
Catherine advised the Hearing that she planned
to open in the day as well as the evening in order to offer coffee
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