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Contact: Pauline Ross
Election of Chairman for the meeting
RESOLVED that Councillor R.L. Dent be appointed Chairman of the Sub-Committee for the meeting.
Apologies for absence
No apologies for absence were received.
Declarations of Interest
To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.
No declarations of interest were received.
The Sub-Committee considered an application for a Premises Licence, submitted by Mr. Darren Griggs, in respect of the Red and White Polish Bistro Limited, 37 Stoke Road, Bromsgrove, Worcestershire, B60 3EN.
The application was subject to a Hearing in light of 19 representations received from members of the public. The basis of their representations was on the grounds of noise nuisance, public nuisance, light pollution, increase in litter and possible anti-social behaviour.
It was confirmed that two Members of the Sub-Committee. Councillors R. L. Dent and S. A. Webb had conducted a site visit, an unannounced visit to the site for which the application had been submitted.
At the invitation of the Chairman, all parties present provided a brief introduction.
The Chairman asked Mr. Griggs if he was aware that he could have had legal representation. Mr. Griggs confirmed that he had been made aware and was happy for the Hearing to continue.
The Technical Officer (Licensing) Worcestershire Regulatory Services (WRS), introduced the report and in so doing drew Members’ attention to paragraph 2.4 of the report which detailed the hours being sought by the applicant for licensable activities, as follows:-
Members were further informed that 19 representations have been received from members of the public as detailed at Appendix 2 to the report. No representations had been received from any of the Responsible Authorities.
In response to the ‘other persons’ and with the agreement of the Chairman, the Technical Officer (Licensing) WRS, listed the statutory responsible authorities that would have been consulted with.
In response to the ‘other persons’ and with the agreement of the Chairman, the Council’s Legal Advisor stated that the applicant would have to carry out a fire risk assessment at the premises. Sub-Committee Members were being asked to consider the premises licence application in accordance with the four licensing objectives namely:
· the prevention of crime and disorder;
· public safety;
· the prevention of public nuisance;
· the protection of children from harm.
The ‘other persons’ expressed their annoyance that due to recent changes in legislation, planning permission had been bypassed, as planning permission was not required for a temporary change of use for a period of two years. Therefore they had been unable to raise any planning concerns or objections.
The Council’s Legal Advisor informed the ‘other persons’ that Members could
only have regard to the representations that promoted the four licensing objectives; and evidence relevant to those objections.
The Sub-Committee must consider only those matters directly relevant to the premises under consideration and must disregard reference to any matters that fell outside of the Licensing Act, namely planning and car parking.
At the invitation of the Chairman, the Technical Officer (Licensing) WRS, commented that the Planning Department would have been consulted with on the premises licence application.
At the invitation of the Chairman, Mr. D. Griggs and his wife Mrs. D. Griggs then put forward their ... view the full minutes text for item 9/18