Meeting documentation

Meeting documents

Licensing Sub Committee
Thursday, 2nd June, 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 P Hyde take the Chair for the remainder of the meeting.
2 APOLOGIES FOR ABSENCE
There were no apologies for absence received.
 
3 DECLARATION OF INTERESTS
There were no interests declared.
 
4 EXCLUSION OF PRESS AND PUBLIC
RESOLVED THAT:

RESOLVED THAT:

In pursuance of Section 100A (4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 7 of Part 1 of Schedule 12A to the Act, and in the circumstances of the matter under consideration, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
The officers consider that the press and public should be excluded during consideration of the following items in accordance with Section 100(a) of the Local Government Act 1972 as publicity would be likely to result in disclosure of exempt or confidential information.
5 CONSIDERATION OF OBJECTION NOTICE IN RELATION TO A TEMPORARY EVENT NOTICE
The Chairman introduced the parties and explained the procedure to be followed.

Legal Advisor explained that the applicant of the Temporary Event Notice had failed to attend the meeting. He advised that the applicant had indicated an intention to withdraw the application, however no confirmation had been received. As the date of the event was tomorrow, the timescale dictates that the hearing be held in the absence of the applicant.

The Licensing Enforcement Officer presented the report to members.

There were no questions for the Licensing Enforcement Officer.

Sergeant P Sohota presented the objection notice as detailed within the report. He advised that the objection was based on the following points:

- Having policed the night time economy in Ashby de la Zouch, a significant number of public assaults and anti social behaviour take place outside takeaways. Granting the extension to the licence would exacerbate the problem.

- One of the food outlets in the town centre has decided to close early, demonstrating that takeaways attract people leaving pubs and provide an opportunity for disorder to break out.

- Granting the application would create a potential further flashpoint which could impact upon CCTV monitoring and police resources.

- There is a potential risk of crime and disorder and injury inside the premises. The furniture inside the store could cause harm if disorder breaks out. If the furniture were removed, the capacity would be increased which would also increase the risk of disorder.

- A serious incident occurred at the premises, as outlined in the report. The police have serious concerns whether the persons at the premises are responsible and can handle stressful situations.

- Granting the application would impact upon the prevention of crime and disorder elsewhere in North West Leicestershire.

There were no closing remarks from the Responsible Authority.

At 5.22pm the Sub Committee adjourned to consider its decision. The meeting reconvened at 5.39pm.
  • (Attachment: 1)Report of the Licensing Enforcement Officer
RESOLVED THAT:

A counter notice be issued for the following reasons:

a) Evidence indicates that during the relevant hours, crime and disorder is centred on the takeaway outlets thereby negatively impacting on the prevention of crime and disorder across the District generally;

b) The configuration and layout of the premises poses a risk to public safety in that with tables and chairs there is a potential for use as weapons; and without tables and chairs there is a potential for public safety to be compromised due to potentially large numbers of intoxicated persons gathering;

c) The evidence from the police report indicates that those responsible for the management and conduct of the business do not demonstrate the necessary responsibility and mindset to manage confrontational incidents.
Published on Thursday, 16th June, 2011
The meeting closed at 5.44pm.

Attendance Details

Present:
Councillors D Everitt, P Hyde and V Richichi.

Officers: Mr D Gill, Miss E McHugh and Miss M Terry.

Responsible Authority: Police Constable M Arjoo and Sergeant P Sohota (Leicestershire Constabulary).