Agenda and minutes

Licensing Sub-Committee
Wednesday, 3rd December, 2014 2.30 pm

Venue: Council Chamber Town Hall. View directions

Contact: Pauline Ross  Democratic Services Officer

Items
No. Item

1.

Chair's Welcome

The Chair will open the meeting and welcome all present.

Minutes:

The Chair opened the Hearing and introduced the Members of the Sub-Committee and Officers present.  The Chair briefly explained to all parties the procedure to be followed during the Hearing.

2.

Apologies

To receive apologies for absence and the details of any Councillor nominated to attend the meeting in place of a Member listed.

Minutes:

There were no apologies for absence. It was noted that Councillor John Witherspoon was the designated Reserve Member.

3.

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.

 

Minutes:

There were no declarations of interest.

4.

Temporary Event Notice - Objection from West Mercia Police pdf icon PDF 154 KB

To consider an objection notice served by West Mercia Police in accordance with the Licensing Act 2003 in respect of a Temporary Event Notice for a planned event from 22:00 on Saturday 6th December 2014 to 06:00 on Sunday 7th December 2014 at 76 Ipsley Street, Redditch, B98 7AJ.

 

(Report attached)

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Temporary Event Notice (TEN) in respect of 76 Ipsley Street, Redditch, B98 7AJ.  The application having been submitted by Mr Michael Parchment in order to permit licensable activities to take place at the premises from 22:00 hours on Saturday 6th December 2014 to 06:00 hours on Sunday 7th December 2014.

 

The Council’s Litigation Solicitor informed the Sub-Committee that the Police and Environmental Heath could raise objections to a TEN application, however, other parties could not raise objections.  The Police were the main source of advice or information in respect of any objections to a TEN application.

 

The application was subject to a Hearing in light of an objection notice being served by West Mercia Police in accordance with the Licensing Act 2003. 

The basis of their objection related to:-

 

·         Prevention of Crime

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS) introduced the report and in doing so informed the Sub-Committee of the date and the hours applied for as detailed on the TEN application.  The Senior Licensing Practitioner drew Members’ attention to page 35 of the report, which detailed the Objection Notice submitted by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch, West Mercia Police.

 

Mr Clinton Bryn, Mr Parchment’s Business Associate presented the case in support of Mr Parchment’s application.  Mr Bryn explained that the premises was a community run club where local artists and musicians performed.  It was a small company that also held music lessons for children.  Their music events were the biggest events in Redditch Town Centre, offering reggae music and hot food.  They currently traded on a Thursday, Friday and Saturday from midnight until 3:00 a.m.  They were struggling to make ends meet and to fit in the entertainment and hot food consumption in the current three hours of opening, hence the TEN application.  In his opinion it was the best run club in the town; the police did not attend the club.  There were no fights or any issues, so he could not understand why the police had objected.  The club had had TEN’s previously granted with no issues or concerns. 

 

Mr Bryn then questioned why the police were objecting on the grounds of protecting children from harm, as no children were on the premises between midnight and 3:00 a.m.  He was also concerned that the police were objecting on the grounds of the prevention of public nuisance.  Initially there had been instances with a small number of people hanging around outside the club after it had closed but no issues had been left unresolved.  A new taxi rank was now in place and was used by a local taxi company.  The new taxi rank had opened as a result of business generated by the club.

 

Mr Bryn continued and informed Members that this was a local club, not a rave, with local bands and artists, with the average age of their customers being  ...  view the full minutes text for item 4.

5.

Temporary Event Notice - Objection from West Mercia Police pdf icon PDF 154 KB

To consider an objection notice served by West Mercia Police in accordance with the Licensing Act 2003 in respect of a Temporary Event Notice for a planned event from 22:00 on Saturday 13th December 2014 to 06:00 on Sunday 14th December 2014 at 76 Ipsley Street, Redditch, B98 7AJ.

 

(Report attached)

 

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Temporary Event Notice (TEN) in respect of 76 Ipsley Street, Redditch, B98 7AJ.  The application having been submitted by Mr Michael Parchment in order to permit licensable activities to take place at the premises from 22:00 hours on Saturday 13th December 2014 to 06:00 hours on Sunday 14th December 2014.

 

The application was subject to a Hearing in light of an objection notice being served by West Mercia Police in accordance in accordance with the Licensing Act 2003. 

 

The basis of their objection related to:-

 

·         Prevention of Crime

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS) introduced the report and in doing so informed the Sub-Committee of the date and the hours applied for as detailed on the TEN application.  The Senior Licensing Practitioner drew Members’ attention to page 35 of the report, which detailed the Objection Notice submitted by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch, West Mercia Police.

 

In response to the Sub-Committee, Mr Parchment and Mr Bryn agreed they had said all they needed to say in support of their first TEN application and had nothing further to add or sum up with regard to their second TEN application.

 

In response to the Sub-Committee, Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police agreed she had provided all the relevant police information in respect of the first TEN application and had nothing further to add or sum up with regard to the second application submitted.  

 

Having had regard to:

 

·         the Licensing Objectives;

·         guidance issued under section 182 of the Licensing Act 2003;

·         the Borough Council’s Statement of Licensing Policy;

·         the report presented by the Senior Licensing Practitioner, Worcestershire Regulatory Services;

·         the application and oral representations made at the Hearing by the applicant and the applicant’s business associate;

·         the relevant written representation and oral representations made at the Hearing by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police.

 

the Sub-Committee RESOLVED that

 

A counter-notice be served in respect ofthe application for a Temporary Event Notice from 22:00 on Saturday 13th December 2014 to 06:00 on Sunday 14th December 2014 at 76 Ipsley Street, Redditch, B98 7AJ

 

The Sub-Committee has taken into account the comments made by Mr Parchment and his representative regarding the veracity of the information presented by West Mercia Police. They do not, however, consider that any evidence has been provided by Mr Parchment which would persuade them that it is not appropriate to accept the representations made by West Mercia Police, principally in relation to the crime and disorder objective, that to allow the requested Temporary Event Notice to stand would have an adverse impact upon the licensing objectives.

The following legal advice was given:

 

·         that the Licensing Objectives must be the paramount consideration;

 

·         that the Sub-Committee may only have regard to the representations which promote the four licensing objectives; and

 

·         that the Sub-Committee must consider  ...  view the full minutes text for item 5.

6.

Temporary Event Notice - Objection from West Mercia Police pdf icon PDF 154 KB

To consider an objection notice served by West Mercia Police in accordance with the Licensing Act 2003 in respect of a Temporary Event Notice for a planned event from 22:00 on Saturday 20th December 2014 to 06:00 on Sunday 21st December 2014 at 76 Ipsley Street, Redditch, B98 7AJ.

 

(Report attached)

 

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Temporary Event Notice (TEN) in respect of 76 Ipsley Street, Redditch, B98 7AJ.  The application having been submitted by Mr Michael Parchment in order to permit licensable activities to take place at the premises from 22:00 hours on Saturday 20th December 2014 to 06:00 hours on Sunday 21st December 2014.

 

The application was subject to a Hearing in light of an objection notice being served by West Mercia Police in accordance with the Licensing Act 2003. 

The basis of their objection related to:-

 

·         Prevention of Crime

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS) introduced the report and in doing so informed the Sub-Committee of the date and the hours applied for as detailed on the TEN application.  The Senior Licensing Practitioner drew Members’ attention to page 35 of the report, which detailed the Objection Notice submitted by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch, West Mercia Police.

 

In response to the Sub-Committee, Mr Parchment and Mr Bryn agreed they had said all they needed to say in support of the previous TEN applications and had nothing further to add or sum up with regard to their third application.

 

In response to the Sub-Committee, Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police agreed she had provided all the relevant police information in respect of the previous TEN applications and had nothing further to add or sum up with regard to the third TEN application submitted.  

 

Having had regard to:

 

·         the Licensing Objectives;

·         guidance issued under section 182 of the Licensing Act 2003;

·         the Borough Council’s Statement of Licensing Policy;

·         the report presented by the Senior Licensing Practitioner, Worcestershire Regulatory Services;

·         the application and oral representations made at the Hearing by the applicant and the applicant’s business associate;

·         the relevant written representation and oral representations made at the Hearing by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police.

 

the Sub-Committee RESOLVED that

 

A counter-notice be served in respect ofthe application for a Temporary Event Notice from 22:00 on Saturday 20th December 2014 to 06:00 on Sunday 21st December 2014 at 76 Ipsley Street, Redditch, B98 7AJ

 

The Sub-Committee has taken into account the comments made by Mr Parchment and his representative regarding the veracity of the information presented by West Mercia Police. They do not, however, consider that any evidence has been provided by Mr Parchment which would persuade them that it is not appropriate to accept the representations made by West Mercia Police, principally in relation to the crime and disorder objective, that to allow the requested Temporary Event Notice to stand would have an adverse impact upon the licensing objectives.

The following legal advice was given:

 

·         that the Licensing Objectives must be the paramount consideration;

 

·         that the Sub-Committee may only have regard to the representations which promote the four licensing objectives; and

 

·         that the Sub-Committee must consider only those  ...  view the full minutes text for item 6.

7.

Temporary Event Notice - Objection from West Mercia Police pdf icon PDF 154 KB

To consider an objection notice served by West Mercia Police in accordance with the Licensing Act 2003 in respect of a Temporary Event Notice for a planned event from 22:00 on Friday 26th December 2014 to 06:00 on Saturday 27th December 2014 and also from 22:00 on Saturday 27th December 2014 to 06:00 on Sunday 28th December 2014 at 76 Ipsley Street, Redditch, B98 7AJ.

 

(Report attached)

 

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Temporary Event Notice (TEN) in respect of 76 Ipsley Street, Redditch, B98 7AJ.  The application having been submitted by Mr Michael Parchment in order to permit licensable activities to take place at the premises from 22:00 hours on Friday 26th December to 06:00 hours on Saturday 27th December 2014 and also from 22:00 hours on Saturday 27th December 2014 to 06:00 hours on Sunday 28th December 2014.

 

The application was subject to a Hearing in light of an objection notice being served by West Mercia Police in accordance with the Licensing Act 2003. 

The basis of their objection related to:-

 

·         Prevention of Crime

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS) introduced the report and in doing so informed the Sub-Committee of the date and the hours applied for as detailed on the TEN application.  The Senior Licensing Practitioner drew Members’ attention to page 35 of the report, which detailed the Objection Notice submitted by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch, West Mercia Police.

 

In response to the Sub-Committee, Mr Parchment and Mr Bryn agreed they had said all they needed to say in support of their previous TEN applications and had nothing further to add or sum up with regard to their fourth TEN application.

 

In response to the Sub-Committee, Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police agreed she had provided all the relevant police information in respect of the previous TEN applications and had nothing further to add or sum up with regard to the fourth application submitted.  

 

Having had regard to:

 

·         the Licensing Objectives;

·         guidance issued under section 182 of the Licensing Act 2003;

·         the Borough Council’s Statement of Licensing Policy;

·         the report presented by the Senior Licensing Practitioner, Worcestershire Regulatory Services;

·         the application and oral representations made at the Hearing by the applicant and the applicant’s business associate;

·         the relevant written representation and oral representations made at the Hearing by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police.

 

the Sub-Committee RESOLVED that

 

A counter-notice be served in respect ofthe application for a Temporary Event Notice from 22:00 on Friday 26th December 2014 to 06:00 hours on Saturday 27th December 2014 and also from 22:00 on Saturday 27th December 2014 to 06:00 on Sunday 28th December 2014 at 76 Ipsley Street, Redditch, B98 7AJ

 

The Sub-Committee has taken into account the comments made by Mr Parchment and his representative regarding the veracity of the information presented by West Mercia Police. They do not, however, consider that any evidence has been provided by Mr Parchment which would persuade them that it is not appropriate to accept the representations made by West Mercia Police, principally in relation to the crime and disorder objective, that to allow the requested Temporary Event Notice to stand would have an adverse impact upon the licensing objectives.

The following legal advice  ...  view the full minutes text for item 7.

8.

Temporary Event Notice - Objection from West Mercia Police pdf icon PDF 154 KB

To consider an objection notice served by West Mercia Police in accordance with the Licensing Act 2003 in respect of a Temporary Event Notice for a planned event from 22:00 on Wednesday 31st December 2014 to 06:00 on Thursday 1st January 2015 at 76 Ipsley Street, Redditch, B98 7AJ.

 

(Report attached)

 

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Temporary Event Notice (TEN) in respect of 76 Ipsley Street, Redditch, B98 7AJ.  The application having been submitted by Mr Michael Parchment in order to permit licensable activities to take place at the premises from 22:00 hours on Wednesday 31st December 2014 to 06:00 hours on Thursday 1st January 2015.

 

The application was subject to a Hearing in light of an objection notice being served by West Mercia Police in accordance with the Licensing Act 2003. 

The basis of their objection related to:-

 

·         Prevention of Crime

·         Public Safety

·         Prevention of Public Nuisance

·         Protection of Children from Harm

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS) introduced the report and in doing so informed the Sub-Committee of the date and the hours applied for as detailed on the TEN application.  The Senior Licensing Practitioner drew Members’ attention to page 35 of the report, which detailed the Objection Notice submitted by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch, West Mercia Police.

 

In response to the Sub-Committee, Mr Parchment and Mr Clinton Bryn agreed they had said all they needed to say in support of the previous TEN applications and had nothing further to add or sum up with regard to their fifth TEN application.

 

In response to the Sub-Committee, Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police agreed she had provided all the relevant police information in respect of the previous TEN applications and had nothing further to add or sum up with regard to the fifth TEN application submitted.  

 

Having had regard to:

 

·         the Licensing Objectives;

·         guidance issued under section 182 of the Licensing Act 2003;

·         the Borough Council’s Statement of Licensing Policy;

·         the report presented by the Senior Licensing Practitioner, Worcestershire Regulatory Services;

·         the application and oral representations made at the Hearing by the applicant and the applicant’s business associate;

·         the relevant written representation and oral representations made at the Hearing by Inspector Rebecca Love, Safer Neighbourhood Inspector, Redditch Police Station, West Mercia Police.

 

the Sub-Committee RESOLVED that

 

A counter-notice be served in respect ofthe application for a Temporary Event Notice from 22:00 on Wednesday 31st December 2014 to 06:00 on Thursday 1st January 2015 at 76 Ipsley Street, Redditch, B98 7AJ

 

The Sub-Committee has taken into account the comments made by Mr Parchment and his representative regarding the veracity of the information presented by West Mercia Police. They do not, however, consider that any evidence has been provided by Mr Parchment which would persuade them that it is not appropriate to accept the representations made by West Mercia Police, principally in relation to the crime and disorder objective, that to allow the requested Temporary Event Notice to stand would have an adverse impact upon the licensing objectives.

The following legal advice was given:

 

·         that the Licensing Objectives must be the paramount consideration;

 

·         that the Sub-Committee may only have regard to the representations which promote the four licensing objectives; and

 

·         that the Sub-Committee must consider  ...  view the full minutes text for item 8.