BABERGH DISTRICT COUNCIL LICENSING SUB-COMMITTEE

MINUTES OF A MEETING OF THE LICENSING SUB-COMMITTEE HELD IN COMMITTEE ROOM 1, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON THURSDAY 7 JUNE 2007

PRESENT: Mr B L Lazenby – Chairman

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

Mr L Carvell (Licensing Section)
Mr J Halls (Environmental Health)
Miss G Pannell (Planning Section)
Inspector Pepper (Suffolk Constabulary)
Miss H Korfanty (Applicant’s Solicitor)
Mr S Chadrey )
Mr L Rahman ) Applicant’s Representatives
Mr F Rahman )
Mr Ahmin )
Mrs L Gurling (Parish Council)
Sir C Rose (Objector)

1 DECLARATION OF INTERESTS

None declared.

2 LICENSING ACT 2003 – HEARING REPORT – CHATNEY MARY INDIAN RESTAURANT, 2 CHURCH STREET, LAVENHAM

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 Natural and Built Environment submitted a report (Paper G17) requesting the Sub-Committee to determine an Application under the 2003 Licensing Act by Messrs L and F Rahman in respect of the Chatney Mary Indian Restaurant, 2 Church Street, Lavenham.

The Head of Natural and Built Environment also referred to letters of objection that had been received within the statutory timescale and had been circulated with the agenda or prior to the meeting.

Members then questioned the Head of Natural and Built Environment.

Miss G Pannell (Planning Section) introduced her report, confirmed that the property is a Grade II Listed Building and that planning permission would not be required if the takeaway turnover is less than 10% of the overall turnover of the premises. Planning clarification was provided for interested parties due to their uncertainty over the operation of the business.

Members and the Applicant’s Solicitor then questioned Miss Pannell.

Mr J Halls (Environmental Health) presented his report (contained in Appendix 2 of Paper G17).

Members and the Applicant’s Solicitor then questioned Mr Halls.

Inspector Pepper (Suffolk Constabulary) presented his report (contained in Appendix 2 of Paper G17).

Members and the Applicant’s Solicitor then questioned Inspector Pepper.

Sir C Rose (Objector) presented his report to the meeting which supported his letter of objection and the letters of objection from Dr Garber and Mr Hodges which were contained in Appendix 2 to Paper G17.

Mrs L Gurling (Lavenham Parish Council) presented her report to the meeting which supported the letter of objection which was contained in Appendix 2 to Paper G17.

The Applicant’s Solicitor made an opening address to the meeting in support of the application. Following the presentation, the Applicants were questioned. They also confirmed that the suggestions of Environmental Services had been incorporated into the application.

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.

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 Operation Schedule (as amended) the following Conditions be attached to promote prevention of public nuisance to the Application under the 2003 Licensing Act in respect of the Chatney Mary Indian Restaurant, 2 Church Street, Lavenham.

(1) Timings

(a) Supply of alcohol (ON the premises):
Hours authorised: 12:00 hrs until 23:00 hrs (Monday to Thursday)
12:00 hrs until 23:30 hrs (Friday and Saturday)
12:00 hrs until 15:00 hrs and
17:30 until 22:00 (Sunday)

(b) Live music:
Hours authorised: 19:00 hrs until 23:00 hrs (Monday to Saturday)

(c) Recorded music:
Hours authorised: 12:00 hrs until 23:00 hrs (Monday to Sunday)

(2) Opening Hours

Monday to Thursday: 12:00 hrs until 23:30 hrs
Friday and Saturday: 12:00 hrs until 0:00 hrs
Sunday: 12:00 hrs until 15:00 hrs and 17:30 hrs until 22:30 hrs

(3) Litter and waste refuse shall be cleared from the immediate vicinity of the licensed premises on a daily basis.

(4) The hours and activities authorised by premises licence BPL0336 shall be reduced to those as set out on the licence and summary. There shall be no Late Night Refreshment activity at the premises (whether for consumption on the premises or to takeaway).

The business of the meeting was concluded at 1.20 p.m.

Chairman