Meeting documentation

Meeting documents

Licensing Committee
Monday, 24th September, 2007 1.00 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.
1 ELECTION OF CHAIRMAN
It was agreed that Councillor J Bridges Chair the Hearing.

(Councillor J Bridges in the Chair)

Councillor J Bridges introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal maximum period of time in which to present their evidence. It was agreed that the maximum time for each presentation would be ten minutes.


 
2 APPLICATION FOR A PREMISES LICENCE IN RESPECT OF BUTTY MONKEYS LTD T/A SUBWAY
Mr A Cooper presented the report of the Licensing Officer.

In response to a question from Member, the Licensing Officer reported that for this particular premises, recorded music to be played in the background did require a licence.

Ms Nyland, the applicant then presented the application. She reported that the company had a store in Coalville which was licensed to serve late night refreshments until 2am and there had been no problems with litter or nuisance customers. She proposed that if it would ease the concerns of the residents, she would be happy to close at 1am.

In response to questions relating to opening hours, the Legal Advisor explained that the shop could currently sell cold food late at night as this was not a licensable activity. The application before the panel was to enable the shop to sell hot refreshment till 3am.

Mr C Terry then presented his objections as detailed within the report of the Licensing Officer. He explained that his concerns were regarding the disorder and antisocial behaviour that currently occurs within Ashby in the early hours of the morning and that another takeaway shop would not help with this problem. Also the amount of litter that would be generated.

The applicant assured members that the litter issue would be looked at and staff would ensure the area was clean.

There were no questions for Mr Terry.

Mr Gadsby presented his objections as detailed within the report of the Licensing Officer. His main concern was that crowds of people would congregate outside his shop and the litter issues.

Mr Terry and the applicant gave brief closing statements.

At 2.30pm the Sub Committee adjourned to consider its decision and re-convened at 2.57pm.

The Legal Advisor on behalf of the Chairman, explained that the Panel took into account the Licensing Act 2003, guidance from the Secretary of State, the Statement of Licensing Policy, all of the relevant representations made in writing and at the hearing.

RESOLVED THAT:

The licence be GRANTED in the following terms:

Recorded Music - as applied for save for Friday and Saturday when the hours granted are 07:00 till 01:00 hours.

Late Night Refreshments - as applied for save for Friday and Saturday when the hours granted are 07:00 till 01:00 hours.

Christmas Eve and New Year's Eve Day until 03:00 hours.
Published on Tuesday, 30th October, 2007
The meeting closed at 3.05pm.

Attendance Details

Present:
Councillors J Bridges, D Howe and J T Male.

Officers (for the Licensing Authority): Mr A Cooper, Miss R Levy and Mrs S Roberts.

Representing the applicant: Ms J Nyland (applicant).

Interested Parties: Mr Gadsby (Independent Insurance Bureau), Mr C Terry (Ashby Civic Society), Mr K Ward (Ashby Civic Society).

Others present: Mr Wood (Local Businessman) and Miss E McHugh (NWLDC Officer).