Agenda and minutes

RESOLVED that Councillor Mrs J C Stilts be appointed Chairman for the meeting.

IN THE CHAIR: COUNCILLOR MRS J C STILTS

The Chairman welcomed everyone to the meeting and went through some general housekeeping arrangements for the meeting.

An apology for absence was received from Councillor M G Bassenger and it was noted that Councillor Stephens was substituting for Councillor Bassenger.

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interest or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6 – 8 of the Code of Conduct for Members.

(Members are reminded that they are also required to disclose any such interest as soon as they become aware should the need arise through the meeting.)

There were none.                                                                                          

To consider the report of the Director of Service Delivery (copy enclosed).

The Chairman sought confirmation that all present were in possession of and had read the report of the Director of Service Delivery and associated appendices.  She drew the Committee’s attention to the Aide Memoire found on page 2 of the meeting pack that outlined the procedure to be followed during the meeting.

She then asked all present to introduce themselves and called on the applicant Mr Cochrane to make his opening statement.  The Licensing Officer then took the Committee through the report and outlined the decision options available to the Committee.  Following the Licensing Officer’s presentation the Lead Specialist: Legal sought clarity on the type of variation in front of the Committee and suggested an adjournment might be in order at this point.

The Chairman advised that at the request of the Lead Specialist: Legal she would be adjourning the meeting to allow for a discussion between the Lead Specialist: Legal and the Licensing Officer to ensure the correct procedures were in order under Section 34.

RESOLVED that the meeting of the Licensing Sub-Committee be adjourned at 10:13am.

RESOLVED that the meeting resumed in open forum at 11:16am.

The Lead Specialist: Legal advised the Committee that all procedures were in order and the Chairman invited questions from Committee Members.  Clarification was sought from the applicant regarding the change to opening hours.  He confirmed that the change was on Fridays only, moving the opening time from 6pm to 4pm.

There being no further questions the Chairman thanked everyone present for their contributions and advised that the meeting would now close.  The Committee would then consider the evidence and representations made before reaching its decision.  All parties would be notified of the decision within five working days of this hearing.

The Licensing Sub-Committee received the report of the Director of Service Delivery and its related appendices.  The Sub-Committee Members carefully considered the application made to vary the existing Premises Licence by extending the hours on a Friday from a start time of 18:00 to 14:00, so extending the hours on a Friday by 4 hours.  The Applicant was present and explained why the application was made. There was one relevant representation from a resident close to the Promenade Park that is owned by the Council.  The resident was not present to elaborate on his concerns.  He explained in his written representation that there was already noise nuisance and this extension of hours would prolong the nuisance to both him and other residents.  He further explained that he had made previous complaints.  The Sub-Committee noticed that there was no representation from Environmental Health or any other Responsible Authorities and so the generalised concerns of the residents did not provide much description of the nuisance experienced.

The Sub-Committee considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.  It considered the application made to vary the existing Premises Licence by extending the hours on a Friday by 4 hours.

The Sub-Committee may only determine the application based on the four licensing objectives.

DECISION:

RESOLVED that the application for a Full Variation to a Premises Licence – In The Park, Promenade Park, Park Drive Maldon be GRANTED to extend the hours on a Friday from a start time of 18:00 to 14:00 thus extending the hours on a Friday by 4 hours.