Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 4th May, 2011 5.00 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
RESOLVED THAT:

Councillor E J Purver take the Chair for the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence.
 
3 DECLARATION OF INTERESTS
There were no declarations of interest.
 
4 AN APPLICATION FOR THE VARIATION OF A PREMISES LICENCE IN RESPECT OF THE TURKS HEAD, 1 MARKET PLACE, CASTLE DONINGTON, DERBYSHIRE, DE74 2JB
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.

A Member queried why Councillor A C Saffell was not representing the Parish Council at the hearing. Councillor A C Saffell explained that his view was that as the other public houses in the area were licensed to open till 1am it was only fair for the same to apply to this application. This was contrary to the view of the Parish Council.

The Licensing Enforcement Officer presented the report and highlighted background information plus representations received. She stated that the applicant had amended his application reducing the operating hours to Monday to Sunday - 10am to 1am. As a result the Leicestershire Constabulary withdrew their representation.

In response to a question from a Member, the Licensing Enforcement Officer stated that the majority of public houses in the area operate until 1am and have a music entertainment element to the licence.

The applicant put forward his case and stated that he had held a 'party in the car park' event the previous year and had not played music outside after 7.00pm. He stated that this was not a condition on his licence currently. A Member asked the applicant if adding a condition for outdoor music to cease at 7.00pm would be acceptable. The applicant stated that 7.00pm was a little early for the summer period and would prefer 9.00pm. The Licensing Enforcement Officer confirmed that Members could add a condition such as this to the licence.

The applicant and the Licensing Enforcement Officer declined the opportunity to give a closing speech.

At 5.35pm the Sub Committee adjourned to consider its decision and re-convened at 5.55pm.

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


RESOLVED THAT:

The application be approved as outlined on the application form subject to the following amendments:

1) The closing time be amended to 1:00am.

2) The use of the car park for themed events be restricted to 2 per year subject to 28 days notice in writing to the licensing authority.

3) Music played outdoors in connection with the use of the car park for themed events shall cease at 9:00pm
Published on Thursday, 9th June, 2011
The meeting commenced at 5.15pm and closed at 6.00pm.

Attendance Details

Present:
Councillors P Holland, E J Purver and N Smith

Officers: Mr D Gill, Miss E McHugh and Mrs R Wallace

Applicant: Mr J Clowsley

In attendance: Councillor A C Saffell