Agenda and minutes

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

It was proposed, seconded and with the vote being unanimous

RESOLVED:

That Councillor Don Waldron be elected Chair for this Sub-Committee meeting.

There were no apologies for absence.

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.

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/24/004

The Lawyer (Regulatory and Information Governance) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Panel were made.

The Lawyer highlighted that the applicant’s legal representative had not joined the meeting, despite having indicated that that he would do so via virtual link. All steps had been taken to accommodate his attendance, various attempts to contact him had been made and the Chair had delayed the start of the meeting to allow for a late arrival.  Accordingly, the Panel were now minded to progress with the Hearing in the absence of the individual.

The following parties were present at the Hearing:

(a) Interested Party – Dom Stagg, Environmental Health Officer,               West Suffolk Council

(b) Interested Party – Councillor Sue Perry, Newmarket Town                    Council

The Licensing Officer presented the report which explained that an application had been received for a premises licence in respect of 128 High Street, Newmarket.  A copy of the application was attached at Appendix A to Report No LSC/WS/24/004 together with a plan at Appendix B.

One representation had been received from a Responsible Authority, namely West Suffolk Council’s Private Sector Housing and Environmental Health, in the interest of promoting the Licensing Objective of the Prevention of Public Nuisance. The representation was attached as Appendix C together with supporting documentation and Appendices D and E.

The Panel was also advised that following a meeting with the Police the applicant had agreed to amend the hours of sale of alcohol to finish at 23:00 (as opposed to 01:00) in line with other similar business in the area. The applicant had also agreed to adopt Police preferred wording of conditions in relation to age verification, staff training, refusals/incidents log and CCTV. Documentation setting out the agreed amendment to the hours and conditions was attached as Appendices F, G and H.

The Licensing Officer advised Members that the planning application for the premises was still in progress, however, this did not prevent the Licensing Authority from determining the application before the Sub-Committee.

Three further representations had been made objecting to the application, all from Newmarket Town Council. One of which was rejected as it did not relate to the Licensing Objectives, the remaining two were both attached as Appendix I.

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 submissions from the individuals present and the Interested Parties were each given opportunity to speak on their representations made in response to the application.

Councillor Sue Perry highlighted that the  ...  view the full minutes text for item 80.