Venue: Room GFR-12, West Suffolk House, Western Way, Bury St Edmunds IP33 3YU
Contact: Helen Hardinge: Democratic Services Officer Email: email@example.com
Apologies for Absence
No apologies for absence were received.
Any Member who is substituting for another Member should so indicate, together with the name of the relevant absent Member.
There were no substitutes present at the meeting.
Election of Chair
To seek nominations for the election of Chair for this Sub-Committee meeting.
It was unanimously
That Councillor Roger Dicker be elected as Chair.
Report No: LSC/WS/19/003
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:
(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 ... view the full minutes text for item 10.