Agenda, decisions and minutes

Councillor Lee Mason was elected to chair this meeting.

There were no declarations of members' interests.

The purpose of the Licensing Manager's report is for the committee to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ("the Act").

The matter has been referred to the committee for determination following receipt of a relevant representation from a local resident objecting to the grant of this premises licence.

The committee is requested to determine the application.

(Granting of Premises Licence)

The Committee heard from the Licensing Officer presenting the report and the representations of the applicant.           

In addition the Committee considered all the papers put before them along with the annexes attached to each document and the Committee have read the written submission made by the objector which is included within the papers (at Appendix C).

This Committee was engaged by reason of referral to the Committee following receipt of a relevant representation from a local resident objecting to the grant of this premises licence.

The licensing objectives that were said by the objector not to be promoted are: the prevention of crime and disorder; the prevention of public nuisance and public safety.

The Committee look to all the Responsible Authorities including the Police and Licensing Authority for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives.  In this case, no objections had been raised by the Responsible Authorities.

The above stated the Committee members had balanced within their consideration the representations made by the applicant at the hearing and the objector's written submission.  This Committee look at each case upon its own merits and within the context of its own facts.  The Committee is not bound by earlier decisions made by any alternative Committee.

In considering the application for a grant of a premises licence the Committee was mindful of the following facts as having been established upon a balance of probability and further that they have been specifically taken to the relevant parts of the Statutory Guidance under section 182 of the Licensing Act 2003:

1.    That none of the relevant Responsible Authorities had made objections to any aspect of the application.

2.    The premises is not in an area of special policy or cumulative impact and there is no evidence that the application sought would be inconsistent with the Licensing Act 2003, the statutory guidance or the applicable policy considerations. 

3.    It was further noted that the Act assumes a grant of an application absent the finding of relevant premises specific evidence to rebut this presumption. 

4.    The Committee was in addition satisfied that the applicant's model of business is consistent with considering safety promotion with respect to patrons and residents.

5.    The grounds for objection are not evidence based and are generic.

Whilst the Committee take note of the objector's concerns and fears in relation to principally three of the statutory licensing objectives: potentially prevention of public nuisance; potentially the prevention of crime and disorder and the promotion of public safety; the committee heard no direct evidence that the grant of a premises licence would cause any of the licensing objectives to be undermined and the mere likelihood of such behaviour occurring in the future is not such as to enable the application to be rejected.  The objector's concerns in relation to issues with parking were not matters which this committee was able to take account of.

The committee considered that the imposition  ...  view the full decision text for item 13.

Mr Stone, the Principal Licensing Officer, presented his report.  This had been brought to the committee due to the representation of a local resident (whose objection was set out in Appendix C).  The resident had been invited to attend but had declined but wished this matter to be considered.  The Responsible Authorities had been notified and there had been agreement with the Police, Environmental Health and Trading Standards for there to be permission granted, with agreed conditions.

There was the opportunity for questions to be raised.

The applicant Mr Ramandeep Walia presented his case, outlining the history of the Lounges continental coffee bars which are family friendly, with the majority of sales being non-alcoholic with food being the main attraction, and they had a community ethos.  After questions he was given the opportunity to sum up his case.

Decision - Granting of Premises Licence

The Committee had heard from the Licensing Officer presenting the report and the representations of the applicant.      

In addition the Committee considered all the papers put before them along with the annexes attached to each document and the Committee have read the written submission made by the objector which is included within the papers (at Appendix C).

This Committee was engaged by reason of referral to the Committee following receipt of a relevant representation from a local resident objecting to the grant of this premises licence.

The licensing objectives that were said by the objector not to be promoted are: the prevention of crime and disorder; the prevention of public nuisance and public safety.

The Committee look to all the Responsible Authorities including the Police and Licensing Authority for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives.  In this case, no objections had been raised by the Responsible Authorities.

The above stated the Committee members had balanced within their consideration the representations made by the applicant at the hearing and the objector's written submission.  This Committee look at each case upon its own merits and within the context of its own facts.  The Committee is not bound by earlier decisions made by any alternative Committee.

In considering the application for a grant of a premises licence the Committee was mindful of the following facts as having been established upon a balance of probability and further that they have been specifically taken to the relevant parts of the Statutory Guidance under section 182 of the Licensing Act 2003:

1.    That none of the relevant Responsible Authorities had made objections to any aspect of the application.

2.    The premises is not in an area of special policy or cumulative impact and there is no evidence that the application sought would be inconsistent with the Licensing Act 2003, the statutory guidance or the applicable policy considerations. 

3.    It was further noted that the Act assumes a grant of an application absent the finding of relevant premises specific evidence to rebut this presumption. 

4.    The Committee was in addition satisfied  ...  view the full minutes text for item 13.