Part I |
1. |
APOLOGIES FOR ABSENCE AND CONSTITUTION OF THE LICENSING SUB COMMITTEE
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Prior to the meeting Councillor Lynch sent apologies for absence as he was no longer available to sit on the sub-committee. The Sub Committee was therefore reconstituted as set out above
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2 |
MINUTES
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RESOLVED that the minutes of the meeting held on 6 November 2013 be confirmed as a correct record and signed.
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3 |
DECLARATIONS OF INTEREST
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There were no declarations of interest.
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4 |
LICENSING HEARING PROCEDURE NOTES
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RESOLVED, to note the procedure notes, to be followed at the discretion of the Chairman.
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5 |
APPLICATION FOR A PREMISES LICENCE: 34 Horley Road, HORLEY
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The Licensing Sub Committee RESOLVED as follows:
APPLICATION FOR A PREMISES LICENCE in respect of 34 HORLEY ROAD, REDHILL
GRANTED AS set out below:
Supply of alcohol for sale off the premises: 07h00 to 23h00 Monday to Saturday 10h00 to 18h00 Sunday
Hours premises are open to the public 07h00 to 23h00 Monday to Sunday
subject to such conditions as are consistent with the operating schedule accompanying the application.
Reasons for the decision
1. The Sub Committee considered all the evidence submitted, both in the written application and oral representations made by the applicant's representative.
In reaching its decision the Sub Committee took into consideration:
i. All papers and evidence relevant to their consideration of the application based upon the four licensing objectives.
ii. The Council's own Statement of Licensing Policy, the Guidance issued by the Secretary of State under s.182 of the Licensing Act 2003, Equality Act 2010, the individual merits of the case, Human Rights legislation and the rules of natural justice;
and considered that the application as granted met the four licensing objectives, and in particular the promotion of the prevention of public nuisance, based upon the relevant evidence and guidance.
It was noted that the written decision hereby issued takes precedence over the drafted decision released verbally at the close of the hearing.
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6 |
APPLICATION FOR TEMPORARY EVENT NOTICES (TEN): Robin Cookes Farm, REDHILL
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RESOLVED that a counter notice be issued in respect of each of the four Temporary Event Notices applied for.
In reaching its decision the Sub Committee took into consideration:
i. All papers and evidence relevant to their consideration of the application based upon the four licensing objectives.
ii. The Council's own Statement of Licensing Policy, the Guidance issued by the Secretary of State under s.182 of the Licensing Act 2003, Equality Act 2010, the individual merits of the case, Human Rights legislation and the rules of natural justice.
Reasons for the decision
1. The Sub Committee has considered all the evidence submitted, both in the written application and oral representations made by both the applicant and the objecting authority, Surrey Police.
2. The Sub Committee is very concerned at the lack of a clear demarcation between the four TENs and the implication of this upon security management and the prevention of crime and disorder and public nuisance and the maintenance of public safety and the protection of children from harm.
3. The Sub Committee is also concerned that the learning milestones of Redfest, held annually at the same site over several years, have not been adopted.
4. The Sub Committee considers that appropriate consultation with concerned parties, including local residents and other authorities, has been circumvented through the use of TENs.
Observations of the Sub Committee
(a) There are substantial inconsistencies between the timings and details set out in the four TENs applications and the applicant's Event Safety Management Plan. Further inconsistencies about the application detail were introduced by the applicant in the course of the hearing.
(b) The Sub Committee has no powers to amend or condition a TENS application.
(c) The Sub Committee believes that a full licensing application should have been made based upon the facts as presented during the hearing.
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