Licensing (Activities) Sub-Committee – 19 July 2010

Chair: To be appointed
Venue: Function Room 1, Pittwood House, Ashby Road, Scunthorpe
Time: 10am

AGENDA

  1. Appointment of chair.
  2. Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
  3. Licensing Act 2003 – Notice of Hearing
    1. Application to Vary a Designated Premises Supervisor – Mr Rajinder Robert Singh Chatha
  4. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillors Clark, Jawaid MBE and Swift

Councillor Barkworth attended the meeting in accordance with the provisions of Procedure Rule 1.37 (b).

The sub-committee met at Pittwood House, Scunthorpe.

867  CHAIR – Resolved – That Councillor Swift be and he was hereby appointed chair for the meeting.

Councillor Swift thereupon took the chair.

868  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.

869  (3)  LICENSING ACT 2003 – APPLICATION TO VARY A DESIGNATED PREMISES SUPERVISOR – MR RAJINDER ROBERT SINGH CHATHA – The Service Director Neighbourhood and Environment submitted a report advising members of an application to vary the Designated Premises Supervisor of the Premises Licence PRM0059, Mary Rose, 64 Frodingham Road, Scunthorpe.

Details of the application were outlined in the report, together with the variation application form as well as documents submitted by Humberside Police objecting to the variation application.

The Licensing (Activities) Sub-Committee received a joint request from the Applicant and the Responsible Authority to vary the procedure for the hearing.  Mr Pascoe and Mr Garfitt requested that there be an extension to fifteen minutes per party to sum up their evidence.

The Chair invited the council’s legal representative to comment on the request to vary the procedure.

The council’s legal representative informed the meeting that variation of the procedure was at the sub-committees discretion and any decision should be based upon whether or not the variation would further assist the sub-committee in reaching a decision.

It was unanimously agreed that each party have a maximum of fifteen minutes to sum up their case.

Consequently, the meeting would proceed.

The applicant’s solicitor as well as a representative of Humberside Police then addressed the sub-committee and responded to questions.

The Service Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

  • To grant as requested;
  • To reject the application.

Following the summary of the case of the applicant as well as Humberside Police, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –

Resolved – That the application to vary the Designated Premises Supervisor at the Mary Rose, 64 Frodingham Road, Scunthorpe, be rejected for the following –

1.  Reason 1

The sub-committee believes that the application as granted would undermine the crime prevention objective due to the exceptional circumstances demonstrated through the evidence given at today’s hearing.

In particular the continuing failing to supply consistent CCTV footage to aid the police with criminal enquiries.  In addition, the sub-committee consider the efficient maintenance of CCTV footage to be instrumental in promoting the crime prevention objective and in these circumstances the failure to maintain undermines that objective.

Reason 1 related to the following Licensing Objective –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm No

 

2.  Reason 2

The sub-committee is mindful that although no condition is in place with regard to occupancy, it believes that the safety guidance given by Humberside Fire and Rescue Service with regard to a safe number of occupants should be considered and that any number exceeding this advisory number would undermine the crime prevention objective as over crowding can exacerbate any conflict that may occur in the premises.

Reason 2 related to the following Licensing Objective –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm No

Reports