Meeting documentation

Meeting documents

Licensing Committee
Wednesday, 3rd August, 2005 6.30 pm

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
8 MINUTES
Minutes of the Meeting held on Wednesday, 29th June, 2005
Consideration was given to the minutes of the meeting held on 29 June 2005 (copy previously circulated and retained with the official copy of the minutes).
RESOLVED:

That the minutes of the meeting held on 29 June 2005 be approved and signed as a correct record.
9 APPLICATION FOR RENEWAL OF PUBLIC ENTERTAINMENT LICENCE
Mrs Cotton introduced the item and gave an outline of the application for the renewal of a Public Entertainment Licence in respect of Ciros, Market Street, Ashby de la Zouch.

Mrs Cotton explained that the renewal application had been referred to the Licensing Committee for determination because of the receipt of an objection to the application from Ashby de la Zouch Town Council and a letter from Leicestershire Constabulary dated 26 May 2005 making comments and observations on the application. In addition Mrs Cotton advised members that Inspector Straughan had expressed a wish to submit further information relating to arrest figures in support of the comments made in his letter. In the circumstances, Mrs Cotton felt that the Committee needed to ask whether the applicant wished to proceed with the hearing or adjourn it in order to allow consideration of any further information.

Mr Pheasey referred members to the committee report and, in particular, the fact that Leicestershire Constabulary had raised no objections to the renewal of the licence when consulted at the beginning of the year (paragraph 3.4 of the report). At the end of the initial consultation on the renewal, the only objection to the renewal of the licence had been from Ashby de la Zouch Town Council. He questioned whether Leicestershire Constabulary were actually objecting to the renewal of the licence or making comments and observations in support of the Town Council's objection to a closing time beyond 1.00 am.

In considering the request to submit further information, Mr Pheasey argued that the crime and disorder statistics provided by Inspector Straughan were likely to add weight to the Town Council's reasons for their objection. He stated that he had not had an opportunity to prepare any questions in respect of the additional statistical information, and in the circumstances, he felt that he needed to liaise with his client and take their instructions. If the Group allowed the submission of the further information, then Mr Pheasey imagined that he would have several questions for Inspector Straughan. He asked members to appreciate that any questions would require a degree of preparation, particularly as he felt that the mere presence of the Inspector at a committee meeting could be viewed as the police objecting to the renewal of the public entertainment licence whereas Mr Pheasey contended that Inspector Straughan had in fact been invited to comment on Ashby de la Zouch Town Council's objection to the renewal.

Mr Pheasey requested members to adjourn the meeting to a future date.

At 6.50 pm Ms Bell-Simmonds, Mr Pheasey, Inspector Straughan, Councillor Smith and Miss Lister were asked to leave the room while the Committee deliberated. The parties were invited to return to the room at 7.01 pm.
RESOLVED:

That the consideration and determination of the application for the renewal of a Public Entertainment Licence in respect of Ciros, 79 Market Street, Ashby de la Zouch be adjourned to a mutually convenient date to be arranged between all the concerned parties.

In reaching this decision, the Committee expressed their concern at the late submission by Leicestershire Constabulary of additional crime figures. The Committee felt that it could not ignore further supporting information which may have a relevance to the determination of the application and it was only right to give the applicant and the applicant's representative time to consider that evidence properly. The Chairman stated that the Committee expected the further evidence to be provided in good time for presentation at the re-arranged meeting.
Published on Friday, 16th September, 2005
The meeting terminated at 7.03 pm.

Attendance Details

Present:
Councillor P A Hyde (Chairman) (In the Chair)

Councillors R A Evans, P Holland, D Howe, A C Saffell, D H Wintle, R Woodward and M B Wyatt.

Officers: Mrs J Cotton, Mrs R Horrobin, Miss M Lister and Mr J Peters.
Mr Pheasey, Solicitor with Hawley and Rogers, representing the applicant for the renewal of the Public Entertainment Licence.
Ms Lisette Bell-Simmonds, applicant for renewal of the Public Entertainment Licence for CIROS.
Ashby de la Zouch Town Councillor Chris Smith.
Inspector N Straughan, Leicestershire Constabulary.