*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.