Agenda and minutes

In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests , Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting. A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct.  A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.

There were no declarations of interest.

The Committee noted the procedure to be followed under the Licensing Act 2003 when an objection to a Temporary Events Notice (TEN) has been received.  The Chairman introduced the members of the Sub-Committee and the Officers present at the hearing.

It was confirmed that no notices of objection had been withdrawn and that all parties had received the relevant documentation.

The Licensing Officer informed members that two standard temporary events notices had been received under the Licensing Act 2003 from Mr Mark Pearce for The Phoenix Hotel, 15 Fore Street, Chard.  The temporary events notices related to two separate events on 14^th October 2018 and 21^st October 2018.  An objection notice had been duly served by Avon and Somerset Constabulary for each of the temporary event notices.

She outlined the proposed activities and hours for each of the Temporary Event Notices.  The first event was due to take place on 14^th October and was in relation to Chard Carnival.  Hours requested for sale by retail of alcohol for on the premises was from 3:00am until 5:00am for a maximum of 400 persons at any one time.  The second event was on 21^st October 2018 and was in relation to a Birthday Party.  Hours requested for sale by retail of alcohol on the premises was from 3:00am until 5:00am for a maximum of 400 people at the event at any one time.

The Licensing Officer advised that should the temporary events proceed; the premises user would be responsible for ensuring that there are no more than 400 persons at the premises.  Should there be 401 or more persons in that area, it would mean that the temporary event was unlicensed. 

The Licensing Officer referred members to the list of suggested conditions put forward by the Police and advised that the Police had requested the removal of condition one:  The premise licence holder must be a member of pubwatch as it would mean that the Notice Giver would have to personally be a member of pubwatch.

The Committee was addressed by Nicola King and Paul Thomas on behalf of Avon and Somerset Constabulary.  With regard to the event due to take place on 14^th October, the Police were requesting some conditions consistent with the operating schedule currently attached to the Phoenix Hotel premise licence as they felt that the conditions were imperative in the promotion of the licensing objectives.  Members were informed that there would be additional Police resources on Carnival night in light of the event attracting large numbers of people.   

With regard to the event proposed in relation to the birthday party on 21^st October, members were informed that the Police considered the hours to be excessive as those persons attending the birthday celebrations would have already consumed a varied amount of alcohol over a prolonged period of time at another venue.  To then add another 4 hours of drinking time could have a detrimental effect on the promotion of the licensing objectives.  There was also lack of information around how the Notice Giver would deal with asking people to leave the venue who were not part of the birthday party celebrations and that this could lead to further issues of crime and disorder and the number of people attending the event.  Beat Manager, Paul Thomas gave an idea of the number  ...  view the full minutes text for item 15.