Agenda and minutes

Apologies for absence were received from Councillors Mrs Bosworth and M Williams.

Members are asked to declare an interest in matters for consideration at the meeting.

There were none declared.

The minutes of the meeting held on 30th December 2005 were approved as a correct record of decisions taken, subject to the addition of Councillor H G Wheat to the list of members present.

(a)   APPLICATION FOR A VARIATION TO A PREMISE LICENCE – ZORBA 4, 40 BROAD STREET, STAMFORD

Report ENV341 from the Head of Environmental Health and

Licensing                           

(Enclosure)

(b)   APPLICATION FOR A VARIATION TO A PREMISE LICENCE – BLUE BULL,

                         64 WESTGATE, GRANTHAM

Report ENV342 from the Head of Environmental Health and

Licensing               

      (Enclosure)

(THE APPENDICES TO THE REPORT AT AGENDA ITEMS 4 a) and b) ARE ATTACHED FOR COMMITTEE MEMBERS ONLY.  IF ANY OTHER MEMBERS WISH TO SEE THE SUPPORTING INFORMATION, PLEASE CONTACT THE HEAD OF ENVIRONMENTAL HEALTH AND LICENSING)

Decision: -

That the Committee determines that a hearing is not necessary in respect of this application and the Head of Environmental Health and Licensing be authorised to determine the application as appropriate in accordance with the schedule of licensing objectives submitted. 

The Head of Environmental Health and Licensing reported that agreement had been reached between the applicants and the police in respect of opening hours, the applicant had agreed to amend her alcohol hours to 10.00 to 00.00 weekdays, closing thirty minutes thereafter, with one hour’s extension on British saints days, Good Friday, Saturdays of Bank Holiday weekends, Christmas Eve and Boxing Day.  New Years Eve would be as normal.  She had also agreed to drop the extension of hours on Valentine’s Day and the request for extensions between 23^rd and 30^th December.  In view of this agreement, a hearing was no longer necessary.  The motion was duly moved and seconded.

Decision: -

That the application for a variation to a premise licence in respect of Zorba 4, 40 Broad Street, Stamford be refused in view of the objections raised by the police because of the likely adverse effect which would be caused by the extension of the hours as requested, on the grounds of: -

1.      Prevention of crime and disorder;

2.      Public safety;

3.      Prevention of public nuisance.

The Committee had before them the Head of Environmental Health and Licensing’s report ENV341 in relation to an application for a variation of a premise licence at Zorba 4, 40 Broad Street, Stamford.  The existing licence had been granted by the Committee on 26^th September 2005 (minute 96/05 refers).  This licence had permitted Zorba 4 to remain open during the following hours for the provision of late night refreshments:

23.00 to 00.30 – Sunday to Tuesday;

and

23.00 to 02.30 – Wednesday to Saturday.

The applicants and their representative were present at the meeting; the Chairman outlined the procedure that would be followed.  The applicants stated that they had been advised of the procedure, which they understood.  Three members of the public had given notice that they wished to speak and Inspector Rose of Lincolnshire Police was also present.  The Head of Environmental Health and Licensing presented his report and reminded the Committee that the existing licence had been granted on 26^th September.  This was not an alcohol licence but a licence for the provision of hot refreshments after 11.00pm.  The applicants now wished to vary the licence so that they could close at 3.45am and not 2.30am Wednesdays-Saturdays.  Thirty-one objections had been received in respect of this application and a letter of objection had also been received from the police. 

The applicants’ solicitor addressed the Committee and reminded them of their duties under The Licensing Act 2003.  There was also guidance from the Secretary of State which was binding on licensing authorities.  Any departure from this would have to be explained and may give rise to judicial review.  He advised that since the licence had been granted a further licence for a nightclub in Stamford had been approved with its hours extended to 3.15am.  The application now before the Committee was to bring their hours in line, so that they remained open half an hour after the last nightclub closes.

The applicants’ representative’s view was that licensing laws should not be used as a primary way of dealing with crime and disorder.  In respect of litter, this was the responsibility of the individuals concerned and not the applicants.  He made specific reference to the creation of a “terminal hour”.  This had been in existence under The Licensing Act 1964 but had been abolished by The Licensing Act 2003.  In his view, the general principle should be to permit later opening, which prevented the concentration of people on the streets all at once.  In his view, standardised conditions were not desirable and arguably unlawful.  Any objections must be relevant  ...  view the full minutes text for item 182.

The Committee received a presentation on police enforcement initiatives and on monitoring under age drinking from Inspector Rose, Lincolnshire Police.

The meeting closed at 12.30pm.