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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 16 MARCH 2009
PRESENT: Mr G S White – Chairman
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Mr J R A Sayers |
Mr A J Ward |
Also in attendance at the meeting to make representations were:-
Mr L Carvell (Licensing Section)
Inspector Weekes (Suffolk Constabulary)
Mr M Rothwell (Premises User)
Mrs A-M Rothwell (on behalf of the Premises User)
Mrs K Saward Solicitor to the Council
Quick Links
1 - Election of Chairman for the Hearing
2 - Declaration of Interests
3 - Licensing Act 2003 - Hearing Report (Temporary Event Notices) TEN 09/0083 Mark Rothwell/White Haret PH, Hadleigh IP7 6DB
RESOLVED
That Mr G S White be elected Chairman for the hearing.
None declared.
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 H206) requesting the Sub-Committee to consider an Objection Notice given by the relevant Chief Officer of Police under Section 104 of the Licensing Act 2003 in respect of a Temporary Event Notice (TEN). Members were aware that the Chief Officer of Police can object where he is satisfied that allowing the premises to be used in accordance with the TEN would undermine the Crime and Disorder Licensing Objective. No other responsible authority or interested party can object to a TEN and the Sub-Committee cannot limit or condition in any way the licensable activities subject of the TEN.
There being no questions on Paper H206, Inspector Weekes presented the case for the Police Objection Notice and responded to questions from Members, the Solicitor to the Council and Mrs Rothwell.
Mrs Rothwell on behalf of the premises user began her presentation to the meeting by commenting on the four grounds set out in the Police Objection Notice. She continued by stating that in order to address the Police concerns about any undermining of the Crime and Disorder Objective, it was now proposed to hold the event within the White Hart itself. The Solicitor to the Council reminded Members that they could only consider the TEN 09/0083 and Police Objection as submitted.
All parties were aware that the timescale for the proposed event subject of the TEN would allow for the current application to be withdrawn and a revised application submitted, if that was the wish of the premises user. Inspector Weekes on being asked for an initial comment queried whether the hours requested in any revised application would change.
In the circumstances the Chairman agreed to adjourn the meeting at 10.05am to enable the parties and the Licensing Officer to discuss the matter further. The meeting resumed at 10.10am.
The Licensing Officer reported that Mr Rothwell, the premises user who is also the DPS and a personal licence holder, wished to withdraw the TEN and would confirm this in writing. He also stated that Mr Rothwell did not intend to submit a revised TEN but would rely on the terms and conditions of the White Hart’s existing premises licence for any activities to be held over the period 10-13 April 2009. Inspector Weekes confirmed his acceptance of this course of action and that in the circumstances proposed, the Police Objection would be withdrawn.
Mr Rothwell, the Licensing Officer and Inspector Weekes then formally confirmed that a hearing was no longer necessary following the oral undertaking by Mr Rothwell to withdraw the TEN.
RESOLVED
That it be noted that
· TEN 09/0083 has been withdrawn by the Premises User and that this will be confirmed in writing by Mr Rothwell.
· Following withdrawal of the TEN, the Police Objection Notice under Section 104 of the Licensing Act 2003 is withdrawn.
· All parties agreed that a hearing to consider the Objection was no longer necessary.
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The business of the meeting was concluded at 10.15 p.m.
................................................................ Chairman
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