19 September 2005 - 11.30 am - Minutes

BABERGH DISTRICT COUNCIL           

LICENSING SUB-COMMITTEE

MINUTES OF A MEETING OF THE LICENSING SUB-COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON MONDAY 19 SEPTEMBER 2005 (11.30 A.M)

PRESENT:            Mr B L Lazenby – Chairman

Also in attendance at the meeting to make representations were:-

Mr L Carvell (Legal and Administrative Services)

Mr  J Halls (Environmental Health)

Inspector T Pepper (Suffolk Constabulary)

Mr J Anderson (Applicant’s Representative)

Mr D Smith (Applicant)

Mr G Prall (Objector)       

1.   DECLARATION OF INTERESTS

None declared.

2.   LICENSING ACT 2003 – HEARING REPORT – VITA NIGHTCLUB, SUDBURY

The Chairman of the Sub-Committee referred to the procedure to be followed at the hearing, a copy of which had been circulated with the Agenda.

The Head of Legal and Administrative Services submitted a report (Paper E128) requesting the Sub-Committee to determine an application under the 2003 Licensing Act by Mr D P Smith in respect of Vita Nightclub, East Street, Sudbury. 

Inspector T Pepper from the Suffolk Constabulary presented his representations, which had been included in part of Appendix 2 to Paper E128.  Following his presentation, Inspector Pepper was questioned.

Mr J Halls (Environmental Health) presented his representations and these were included as part of Appendix 2 to Paper E128.  Following his presentation, Mr J Halls was questioned.

Mr G Prall (Objector) outlined his objections to the application which had been included as part of Appendix 2 to Paper E128.

The applicant’s representatives made an opening address to the meeting and called as a witness Mr D Smith, the licensee of the premises.  Following the presentation, Mr D Smith was questioned.

All parties were then requested to provide closing comments to the meeting.  Following this, all parties withdrew to enable the Committee to deliberate the application.

During its deliberations, the Committee considered Mr Prall’s objection but concluded that it constituted a general comment on some anti-social behaviour without evidence of a direct link to the licensed premises.

The Committee then adjourned the hearing to enable clarification to be sought relating to the Suffolk Constabulary’s requests relating to drinks promotions and point of sale  promotions.  Conditions 16 and 17 in Annex 2 were agreed by the applicant and his Solicitor subject to the words ‘or any other  industry approved guidelines’ being added to Condition 16 by the applicant’s Solicitor in response to the question raised over the certainty of that Condition should the BBPA cease to exist.

The relevant parties were then invited back into the meeting and the Council’s decision was notified.

RESOLVED

That in addition to the mandatory conditions and the conditions consistent with the operating schedule the following conditions be attached to the application under the 2003 Licensing Act in respect of Vita Nightclub, East Street, Sudbury as a result of the hearing by the Licensing Authority:-

The business of the meeting was concluded at 2.15 pm

…………………………………

            Chairman