Meeting documents

There were no apologies for absence.

There were no declarations of interest.

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

The Licensing Enforcement Officer presented the report and highlighted background information and representations received.

There were no questions for the Licensing Enforcement Officer.

The applicant's representative then presented the application as detailed within the report. She explained that the original premises licence was granted in December 2008 which allowed the premises to open until 1.00am. In the last 12 months there had been no complaints and since October the premises had been opening until 2.30am on Saturdays under temporary event notices, which also had not caused any issues. The advice to use temporary event notices to test how the later opening time would impact Ashby, was given by the Leicestershire Constabulary. The applicant's representative stated that her clients ran a family business in which they had many years experience and the good track record over the past 12 months, plus the recent successful operations under temporary event notices proved that the application should be granted.

In response from questions from Members, the applicants stated the following:

- Yes, the requested extension of opening hours was to benefit the business as the public houses in the area closed later than the current opening hours.

- There would be no intention to request any further extension to the closing hour of 2.30am.

- The applicants did not currently have signs in the premises asking customers to be quiet in respect of local residents but it was something that they were looking into.

- The applicants would still adhere to the conditions on the licence if the application was granted, which included cleaning the front of the premises each night.

Mr C Tandy presented his representation on behalf of the Ashby Civic Society. He stated that he was not aware of any complaints regarding the premises but if the application was granted as requested the local residents would suffer as the premises would be open until 2.30am every night of the week. He stated that the members of the Ashby Civic Society completed a survey regarding takeaways in Ashby and the overall opinion was that no further late night licence applications should be granted. He stated that the congregation of people at such a late hour would cause public nuisance and would not encourage the dispersal of people from the area. Mr C Tandy concluded that the additional hours would have a large impact on local residents, especially during the week and urged Members to refuse the application.

In response to questions from Members, Mr C Tandy stated the following:

- The Ashby Civic Society had not received any complaints regarding the premises during the operations under the temporary event notices.

- There were 32 members of the Ashby Civic Society and all were surveyed using a non guided questionnaire.

The applicant stated that he had applied for the variation of the licence for seven days a week so that Christmas Eve and New Years eve would be included whatever day they fell on, there was no intention to open until 2.30am during a normal week. The applicant offered to remove Sunday to Thursday from the application and include Christmas Eve, New Years Eve and Sundays before Bank Holidays.

Mr C Tandy gave a brief closing statement and stated that he was happy with the amendment to the application offered by the applicant.

The applicant's representative gave a brief closing statement reiterating points made previously.

At 7.08pm the Sub Committee adjourned to consider its decision and re-convened at 7.19pm.

The Legal Advisor read out the Members decision, findings of fact and the reasons for the decision.