Venue: Council Chamber, Council Offices, Urban Road, Kirkby-in-Ashfield. View directions
Contact: Lynn Cain Email: firstname.lastname@example.org
Declarations of Disclosable Pecuniary and Non Disclosable/Pecuniary/Other Interests.
There were no declarations of interest made.
The Chairman introduced himself and asked the Committee Members, officers and those parties present to introduce themselves.
In attendance were Mr. G. Baker (representative for Ego Restaurants Limited), Mr. W. Rathore (Fraser Brown Solicitors - representative for Ego Restaurants Limited) and Interested Parties Mrs. A. Kirk, Mr. M. Morris, Mr. D. Roe, Mr. J. Stephens and Mrs. T. Stephens.
The Chairman outlined the application and explained the procedure to be adopted throughout the duration of the hearing.
The Chairman then invited Mr. Rathore, the representative on behalf of the Applicant, to put forward his case to the Sub Committee. Mr. Rathore proceeded to address the Sub Committee on behalf of the Applicant.
Following this and in accordance with adopted procedure, the Interested Parties, Sub Committee Members and the Legal Officer were offered the opportunity to ask questions of the representative for the Applicant for the purposes of lucidity and further explanation.
The Interested Parties were then invited to put forward their representations to the Sub Committee. Following this and in accordance with adopted procedure, the representatives for the Applicant, Sub Committee Members and the Legal Officer were offered the opportunity to ask questions of the Interested Parties for the purposes of lucidity and further explanation.
Finally, the Chairman invited the representative for the Applicant and the Interested Parties to sum up their respective cases.
The Chairman and Members of the Sub Committee then withdrew from the hearing in order to deliberate upon the application and representations made in respect of it.
The hearing was adjourned at 11.18 a.m.
The Chairman and the Sub Committee Members subsequently returned to the room and the hearing was reconvened at 12.37 p.m.
The hearing was adjourned again at 12.50 p.m. to consider an amendment to the decision put forward by the representative for the Applicant. The Chairman and Sub Committee Members returned to the room and the hearing was reconvened at 1.05 p.m.
The Legal Officer delivered the Sub Committee’s findings, the decision and reasons as follows:-
The Sub Committee had taken into account the evidence put before it at the hearing and also took into account the contents of the application and written representations.
Findings of the Sub Committee:
In consideration of all of the evidence and taking into account the Licensing Authority’s Policy, the four Licensing objectives, the Licensing Act, the DCMS guidance and the Human Rights Act, the Panel were minded to grant the application for a variation because:
1. Licensing Law is not the primary mechanism for the general control of Anti-Social Behaviour but rather a part of a holistic approach to the management of the District;
2. There are other mechanisms available and in place for controlling problems of crime and disorder in the area such as the Police and/or the Council’s Departments such as the Anti-Social Behaviour Team and/or the Environmental Health Team;
3. If a Responsible Authority and/or Interested Party felt that the licence was not being adhered to then a review application can be made to ... view the full minutes text for item 4.