Venue: Room GFR-14, West Suffolk House, Western Way, Bury St Edmunds IP33 3YU
Contact: Helen Hardinge: Democratic Services Officer Email: firstname.lastname@example.org
Election of Chair
To seek nominations for the election of Chair for this sub-committee meeting.
It was proposed, seconded and with the vote being unanimous
That Councillor Pat Hanlon be elected Chair for this sub-committee meeting.
Apologies for absence
Apologies for absence were received from Councillor Roger Dicker.
Any member who is substituting for another member should so indicate, together with the name of the relevant absent member.
The following substitution was declared:
Councillor Patrick Chung for Councillor Roger Dicker.
Declarations of interest
Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda, no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.
Members’ declarations of interest are recorded under the item to which the declaration relates.
Report No: LSC/WS/22/011
The Business Partner (Litigation/Licensing) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to all parties were made. He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.
The following parties were present at the Hearing:
(i) Mr Azhar Ali (Applicant)
(ii) Mr Majid (Employee)
(b) Responsible Authorities
(i) Mr Malcolm McKessar (Licensing Officer), Suffolk Constabulary
The Licensing Officer presented the report which explained that an application for the grant of a premises licence was received on 11 August 2022 for USA Chicken, 94 High Street, Newmarket.
The licensable activities being proposed under the licence were as follows:
- Late Nigh Refreshments
Sunday to Thursday 11am to 2am; and
Friday to Saturday 11am to 4am.
It was highlighted that although the applicant had applied for the activity from 11am, under the Licensing Act, late night refreshment was the supply of hot food and drink from 11pm to 5am and should the licence be granted, the licensing authority could only authorise the activity from 11pm.
The reason for this hearing was that relevant representations had been received from two Responsible Authorities within the consultation period, being West Suffolk Council’s Planning Development team and Suffolk Constabulary. Details of the representations were attached at Appendix C to the report.
In particular the written representation from West Suffolk Council’s Planning Development team set out the following planning conditions for the premises as follows:
- Monday to Saturday: 8am to 11pm
- Sunday: 8am to 10.30pm
- Closed on Bank Holidays
Therefore, the proposed license application would be in breach of current planning conditions.
The premises was also located within Newmarket’s Cumulative Impact Area (CIA) and details of the CIA was contained within the Council’s Statement of Licensing Policy.
The Committee was therefore asked to determine the application, and in reaching a decision, Members were advised to consider the Licensing Act 2003, the Guidance on the Act and the Council’s Statement of Licensing Policy in relation to the adopted CIA.
The Sub-Committee then heard the individual submissions from each of the parties present.
In presenting his case, the Applicant, Mr Azhar Ali (Applicant) explained that weekends, especially late nights on Saturdays were the busiest period for selling hot food, which was why he had applied for the extending licensing hours until 4am.
Mr Malcolm McKessar (Suffolk Constabulary) then addressed the hearing in respect of the reasons for objecting to the application under the “prevention of crime and disorder” and “public nuisance” objectives. He then set out the following three points:
1) A licence to 4am was beyond the applicants previous suspended licence, and the hour of 4am was out of line with other similar premises in the vicinity.
2) Under Section M of the application, there was insufficient detail provided that the licencing objectives would not be further compromised, and suggested the following 4 conditions be included:
The premises shall install and maintain a comprehensive ... view the full minutes text for item 15.