Licensing (Activities) Sub-Committee – 24 May 2019
Chairman: To be appointed
Venue: Room SO1e, Church Square House, 30-40 High Street, Scunthorpe
Time: 10.00 am
E-mail Address: firstname.lastname@example.org
- Appointment of Chairman.
- Declarations of disclosable pecuniary interests, personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
- Licensing Act 2003 – Application to vary a premises licence, Curry Leaf, 76-78 High Street, Epworth, North Lincolnshire
- Any other items which the chairman decides are urgent by reason of special circumstances which must be specified.
PRESENT: – Councillors Ali, Clark and K Vickers.
The sub-committee met at Church Square House, Scunthorpe.
1601 CHAIRMAN – Resolved – That Councillor K Vickers be and he is hereby appointed chairman for the meeting.
Councillor K Vickers thereupon took the chair.
1602 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – Councillor Ali declared a personal interest as personal licence holder.
No lobbying was declared.
LICENSING ACT 2003 – APPLICATION TO VARY A PREMISES LICENCE – CURRY LEAF, 76-78 High Street, Epworth, North Lincolnshire – The Director: Operations submitted a report advising members of an application for the variation of a premises licence at the Curry Leaf, 76-78 High Street, Epworth.
Details of the application were outlined in the report, together with the application for the variation of the premises licence, three representations from Responsible Authorities and two representations received from Interested Parties.
The 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 refuse to vary the licence
- To vary the licence with additional conditions
- To vary the licence without additional conditions
- To vary the licence but restrict the licensable activities
- To vary the licence with restricted times
The Director: Governance and Partnerships informed the hearing that an interested party had requested an adjournment. Mr Harriden was unable to attend the hearing. However, he requested that the hearing be adjourned on the following grounds –
“what was the point of this variation of a premises licence. Application to the council’s Licensing (Activities) Sub-Committee that simply refers to the playing of recorded music and the sale of alcohol when no application would appear to have been made to the general Planning Committee to extend / vary the hours that the property was actually open for business”.
The sub-committees Legal Adviser informed the meeting that planning was a separate regulatory regime outside the scope of the Licensing Act 2003. The Licensing Authority recognised that there was no legal basis for refusing a licence application in the alleged absence of any planning permission for the business to which the licence application related. However, all applicants should be in possession of the necessary planning authorisation for their activities or planning enforcement may be considered.
1603 Resolved – That following the receipt of the legal advice, the meeting would proceed.
The applicant addressed the sub-committee and responded to questions.
Following the summary of the case, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –
1604 Resolved – That after careful consideration of all the information contained within the agenda bundle, listening to all the information presented before it at the hearing and taking into account the statutory guidance under s182 of the Licensing Act and the council’s Licensing Policy, the sub-committee agreed that the Premises Licence be varied as applied for subject to the following condition:
- Condition 1 – that the sale of alcohol for consumption off the premises would be limited to a person who had purchased a take-away meal costing £40 or more from the premises.
This was to adhere to the prevention of crime and disorder and public nuisance licensing objective.
To protect the amenities of local residents.