Agenda and minutes

*LSC1          

RESOLVED

That Cllr Yelland be appointed Chairman for the duration of the Sub-Committee meeting.

*LSC2          

The Sub Committee considered an application for the granting of a new premises licence at Burger Van, Bedford Square, Tavistock PL19 0AE. The Applicant, Mr Edwards, was not present, but had indicated that he was happy for the hearing to proceed in his absence.

The Licensing Officer proceeded to present the application and the content of the report.

Upon the conclusion of her presentation, the Sub-Committee proceeded to ask a number of questions.  During which, reference was made to:

•        Concern over the time taken to rectify fault with the CCTV to have it working again;

•        Issues related to litter in the area. Previous premises license had included a condition for the licensee to be responsible for clearing the litter in the vicinity of the burger van. However, on the current application, it had not been proposed.

•        Lack of taxis was seen to be a contributing factor with anti-social behaviour in the early hours of a morning.

•        Lighting issues as lack of lights around the burger van.

The Sub-Committee then heard from Nicola Henderson, Licensing Officer from Devon and Cornwall Police, who expanded upon the objections from the Police and Police Officer 260, Jenny Mashford.

The Sub-Committee asked questions of them, during which reference

was made to the Police records presented.  These records showed that anti-social behaviour in the vicinity required police intervention. Fights breaking out around the burger van. A direct link was established between these issues and the burger van being present.

Once all parties were content that they had no further issues and/or questions to raise, the Sub-Committee adjourned at 2.40pm, in the presence of the Monitoring Officer, to consider the application. 

The Sub-Committee returned at 3.05pm when further questions were put to the Police representatives. The Sub-Committee retired once more and, when the Members returned, the Chairman read out the following statement setting out the Sub-Committee’s decision and the reasons for it:

The Decision

The Sub-Committee decided to GRANT the Application but:

1.      The aim of the Licensing Act 2003 is to provide a more flexible licensing system, by reducing the burden of unnecessary regulation, but still maintaining public order and safety.  The 2003 Act makes it clear that licensable activities are to be restricted only where it is necessary to promote the four Licensing Objectives.

2.      In determining an application with a view to promoting the Licensing Objectives in the overall interests of the local community, the Sub-Committee is required to give appropriate weight to:

•        the steps that are appropriate to promote the Licensing Objectives;

•        the representations (including supporting information) presented by all the parties;

•        the Guidance issued under section 182 of the 2003 Act; and

•        our own statement of licensing policy.

3.      The statutory guidance provides that it is imperative that our decision is evidence-based and that in reaching a decision the factors which are to be taken into account are limited to a consideration of the promotion of the licensing objectives and nothing outside  ...  view the full minutes text for item 2.