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 when considering Licensing Applications under the Licensing Act 2003.  The Chairman introduced the members of the Sub-Committee and the Officers present. 

The Chairman confirmed that the Officer’s report relating to the case, the procedure to be adopted during the hearing and the documents which the authority is required to provide under the Regulations had been received by all Parties in advance of the meeting.

The Licensing Officer presented the report as detailed on page 8 of the agenda and drew members’ attention to the following:

·         An application had been received from Mrs Nicola Else, for a premises licence to be granted under the Licensing Act 2003 for Something Else Fishy, 1 The High Street, Milborne Port;

·         The licensable activities applied for related to supply of alcohol – on sales only;

·         She explained that clarification was required as there was an anomaly in the application form which refers to Tuesday and Wednesday the week before Christmas Day in the seasonal variations box and with Tuesday and Wednesday being given in the non-standard timings box, which later refers to 7 days in the run up to Christmas as it could include Sunday.  The applicant confirmed that the premises would not be open on the Sunday or Monday before Christmas Day;

·         The hours open to the public as outlined in the agenda report;

·         The additional steps put forward by the applicant to comply with the licensing objectives  where appropriate would become conditions of the licence;

·         The applicant had confirmed that a notice had been displayed at the premises for the requisite period; the Licensing Manager had visited the premises and confirmed the notice was in place.  A further notice was also placed in the Blackmore Vale Magazine but the Licensing Officer was still waiting for a copy.

At this point in the proceedings, the hearing was adjourned to allow the applicant to obtain a copy of the notice placed in the Blackmore Vale Magazine as the Licensing Act 2003 required evidence of the notice being publicised within ten working days of the premises application being submitted.

When the meeting was reconvened the Licensing Officer continued with presenting her report as follows:

·         One letter of representation representing two persons was received which concerned the potential issues of noise and anti-social behaviour from patrons and security;

·         There was an existing restaurant at the premises, which is already open during the hours requested where patrons can bring their own alcohol for consumption as this is not a licensable activity;

·         The persons making representations have been asked whether they have made any complaints about the activities currently taking place at the premises and if so, to provide details of dates and to which body they were made.  No information had been received therefore the Licensing Officer assumed that no complaints had been made;

·         The options available to the Committee;

·         The Right of Appeal as outlined in the agenda.

The Legal Executive advised that the notice had been advertised in the Blackmore Vale Magazine a day less of the prescribed period and that it would be at member’s discretion to decide whether they felt this had caused any prejudice to any party.

The Chairman invited the Applicants to address the Sub-Committee.  Points mentioned during the representations included the following:

·         The premise was a small family run business which had been purchased five years ago;

·         The business employed between ten and twelve local  ...  view the full minutes text for item 15.