Agenda and minutes

To seek nominations for the election of Chair for this sub-committee meeting.

It was unanimously

RESOLVED:

That Councillor Brian Harvey be elected as Chair.

Apologies for absence were received from Councillor Patrick Chung.

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 Brian Harvey substituting for Councillor Patrick Chung.

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.

There were no declarations of interest made.

Report No: LSC/WS/22/015

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) Premises User - Andrei-Octavian Neculaita

(b) Relevant Person – Julie Roberts (West Suffolk Council                          Private Sector Housing and Environmental Health)

The Licensing Officer presented the report which explained that two Temporary Event Notices, made under the Licensing Act 2003, were received and accepted by the Licensing Authority on 23 November 2022.  A copy of the notices were attached as Appendices A and B of Report No LSC/WS/22/015.

The first Temporary Event Notice requested the authorisation of the following licensable activities:

The sale by retail of alcohol, the provision of regulated entertainment, the provision of late-night refreshment

24 December 2022 01:30 – 04:00

25 December 2022 01:30 – 04:00

25 December 2022 23:00 – 23:59

26 December 2022 00:00 – 04:00

And, the second Temporary Event Notice requested the authorisation of the following licensable activities:

The sale by retail of alcohol, the provision of regulated entertainment, the provision of late-night refreshment

31 December 2022 01:30 – 03:30

1 January 2023 01:30 – 04:00

The Officer advised that the Temporary Event Notices were circulated on 24 November 2022 to the responsible authorities, Suffolk Constabulary and West Suffolk Council’s Private Sector Housing and Environmental Health team.

Two representations, one for each Notice, were received by the Licensing Authority within the statutory time frame, on 25 November 2022, from West Suffolk Council’s Private Sector Housing and Environmental Health team, resulting in the necessitation of this Hearing. The details of the representations were provided to the applicant and were attached as Appendix D to the report. No representations were received from Suffolk Constabulary.

The Sub-Committee was advised that each Notice should be considered on its own merits, having regard to the Council’s Statement of Licensing Policy and the guidance issued under Section 182 of the Licensing Act 2003. Members were asked to disregard the reference to the adopted Cumulative Impact Assessment which had been mistakenly referenced in Paragraph 2.2 of the report and was not relevant to the matter before the Panel.

The Sub-Committee then heard the submission from the Premises User, following which they were given the opportunity to ask questions of the Premises User.

The Relevant Person was then given opportunity to speak on their representations made on each of the Notices, on conclusion the Sub-Committee was able to ask questions of the Relevant Person.

Following which the Premises User, Relevant Person and the Licensing Officers retired to another room to allow the Sub-Committee to give further consideration to the matter.

Following all parties’ return to the meeting room the Business Partner (Litigation/Licensing) advised on the Sub-Committee’s decision.

With the vote being unanimous, it was

RESOLVED:

That COUNTER-NOTICES BE ISSUED in respect of both Temporary Event Notices due to the following reasons:

1.   Having heard the oral submissions of the Premises User and the Relevant Person, the Sub-Committee  ...  view the full minutes text for item 37.