Agenda and minutes

None.

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

None.

Report of the Shared Services Lead (Legal) and Deputy Monitoring Officer attached.

The Panel met to determine an application in respect of Indigo, pursuant to the provisions of S35 of the Licensing Act 2003.

The applicant was present at the hearing, as were three residents who had submitted objections in writing to the application.

The Chair welcomed everyone to the meeting and outlined the procedure to be followed.

The Hearing

The Council’s Licensing Officer took the panel through the contents of the committee report. He confirmed to the panel that all the notice and procedural requirements had been adhered to. The applicant has submitted a full variation application, pursuant to Section 34 of the Licensing Act 2003.  As relevant objections had been received from residents a hearing has to be held. 

The Licensing Officer explained that currently the premises consist of a first-floor premises which is situated on the junction of Chapel Brow and Fleetwood Street. In January 2019 a hearing was convened to determine the new application for the premises following public objections. The premises licence was granted with additional conditions, notably to this application the requirement for door staff at the premises on Friday and Saturday evenings when the licence has been granted until 00:00. Following a two-year period of being open to members of the public the applicant has applied for a variation to the license.

As a result of the application, all Responsible Authorities were consulted. No representations have been received from Responsible Authorities, however, conditions have been agreed between the Applicant, the Police and Environmental Health Team.  All other conditions relating to all other matters not relevant to the application will remain on the licence.

The Council’s Licensing Officer explained that six written representations had been received from members of the public opposing the variation of the licence on the basis that if granted it would in their opinion, undermine the Prevention of Public Nuisance and Prevention of Crime and Disorder objectives. The Panel were told that no complaints had been logged with the Police or Environmental Health relating to the concerns which the residents had, since the premises had commenced trading. 

The Panel were informed that after receiving the objections, the applicant has decided to withdraw the request to remove the door staff and has stated that he will continue to use door staff as stipulated in his current licence. The applicant provided a response to the concerns raised by the residents as a supplementary document.

The Licensing officer outlined the options available to the panel as stipulated by section 35 of the Act, these being;

a) To grant the variation as set out in the application

b) Modify the conditions of the licence

c) Reject the whole or part of the application

As per the hearing procedure the applicant was requested to outline his application.  He stated that the moving of the main door from Fleetwood Street onto Chapel Brow would benefit the residents, as patrons would be using that door after a certain time.   Further, that he was moving the smoking area to the  ...  view the full minutes text for item 16.