Agenda and draft minutes

Licensing Panel
Wednesday, 9 January 2019 2.00 pm

Venue: Council Chamber - Time Square, Market Street, Bracknell, RG12 1JD. View directions

Contact: Lizzie Rich  01344 352253

Items
No. Item

51.

Declarations of Interest

Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.

 

Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

 

Any Member with an affected Interest in a matter must disclose the interest to the meeting.  There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.

 

Minutes:

There were no declarations of interest.

52.

The Procedure for Hearings at Licensing Panels pdf icon PDF 131 KB

Additional documents:

Minutes:

The application was for a Premises Licence to allow for the provision of Late Night Refreshment, namely the selling of food and non-alcoholic beverages, at the stated premises between the hours of 23:00 and 00:00 seven days a week. It was proposed that the premises would be open to the public from 06:00 to 00:00 seven days a week. 

 

The Panel carefully considered all the information presented, both written and oral, from:

 

  • the Licensing Officer who outlined the issues;
  • the Applicant,
  • the Interested Parties;

 

At the conclusion of the proceedings, all participants present confirmed that they had been given the opportunity to say all they wished to say.

 

Ahead of reaching its decision with a view to promoting the four Licensing objectives under the Licensing Act 2003, the Panel took account of the provisions of that Act, the Home Office Guidance issued in respect of the same. The Panel also considered the Council’s own Statement of Licensing Policy.

 

The Panel noted that there had been no representations made by the Police, Licensing Authority, Environmental Health or other statutory body in response to the application.

 

Bearing in mind promotion of the four Licensing objectives, the Panel noted that the representations received related primarily to two of those objectives, namely the prevention of crime and disorder and the prevention of public nuisance.

 

After careful consideration, the Panel decided that granting the Licence applied for would not have an adverse impact on the promotion of the four licensing objectives, and agreed to grant the Premises Licence for Late Night Refreshment.

 

Reasons

 

The reasons for the decision were that the Panel found no evidence in the written or oral submissions of the interested parties to suggest that incidents of anti-social behaviour would necessarily increase as a direct result of the grant of the Premises Licence for Late Night Refreshment.  The Panel noted that no representation of such specific concerns had been received from the Police or, indeed, from them in respect any other concern of adverse impact that the granting of such a Licence might have on the promotion of the four Licensing objectives.

 

The Panel also noted that the Licensing regime does contain provision for the reviewing of a granted licence if there are asserted breaches of the Licence or complaint that the Licensing objectives are not being met. The Panel considered that the mechanism under the Licensing Act that allows for potential review of a granted licence was sufficient in this case and felt that such potential check and balance was appropriate in the circumstances as opposed to refusing the granting of this Premises Licence from the outset.

 

The Panel recognised that since the opening of The Lexicon, Bracknell town centre was increasingly promoting a night time economy which would encourage more people into the town centre in the evenings. There were a number of other food and leisure premises within The Lexicon that had been granted Late Night Refreshment or Premises Licences. Although the majority of these were on Eagle Lane  ...  view the full minutes text for item 52.