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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.
There were no declarations of interest.
The procedure for hearings at Licensing Panels was noted by all parties.
The application was for a new Club Premises Certificate under Section 60 of the Licensing Act 2003 to permit the Applicant’s retail sale of alcohol, for consumption on the premises, to the club’s members and guests of club members, including to their guest visiting teams and guest visiting supporters between the hours of 13:00pm – 22:00pm on Saturdays and Sundays only. The Panel was advised that the Applicant envisaged such sales would mainly be on those weekends during the rugby season September to May, but at other weekends too, including at home rugby events during the Summer months.
The Panel carefully considered all the information presented, both written and oral, from:
together with reference to the appropriate Licensing objectives and provisions under the Licensing Act 2003, the Home Office Guidance issued in respect of the same and having regard to the Council’s own Statement of Licensing Policy. The Panel also noted the mandatory and proposed additional conditions to be attached to the Club Premises Certificate in the event of it being granted.
At the conclusion of the proceedings, all participants present confirmed that they had been given the opportunity to say all they wished to say.
In taking an evidence-based approach to the determination of the application, the Panel reached its decision having regard to its overriding objective to promote the four licensing objectives under the Licensing Act 2003.
The Panel noted that there had been no representations made by the Police, or any of the other Responsible Authorities by way of objection to the application.
The Panel noted that written representation had been received from one local resident, objecting to the application on the grounds of the licensing objectives of “prevention of public nuisance” (noise, littering and its effect on local amenity and wildlife) and also “public safety” (in terms of patrons after they leave the premises, potentially in hours of darkness).
The Interested Party objecting to the application did not join the Hearing, despite having been made aware of the ability and process to do so. The Panel decided that it was not contrary to the public interest to proceed with the Hearing in that Interested Party’s absence. The Panel fully took in to account all that had been submitted in writing by that Interested Party ahead of the Hearing.
In respect of that Interested Party’s written representation concerning potential for “public nuisance” caused by noise, the Panel heard that during mediation, the applicant had agreed to vary its original application by way of removing application for permission to also provide Regulated Entertainment (provision of live or recorded music) at the premises. As such, that element of the written representation raising concern for potential noise nuisance caused by any licensable activity comprising of playing of live or recorded music at the premises was not an issue for the Panel to consider as it was not part of the application before it.
On hearing all the written ... view the full minutes text for item 25.