Agenda item

Report of Head of Safer Communities, Urban and Rural Services

Summary

To provide an outline of an application to for the grant of a Premises Licence in relation to The Lounge 60-62 Broad Street, Banbury and detail the representations received from Responsible Authorities and Interested Parties that has resulted in the need for a hearing to determine the application.

Recommendations

There is no recommendation. In considering the representations received and what is appropriate for the promotion of the licensing objectives, the options open to the Sub-Committee are, in broad terms:

1)                 approve the application for the grant of a premises licence as submitted

2)                 reject the application for the grant of premises licence in whole or part

3)                 place conditions on the grant of premises licence and/or require changes to the details of the permissions sought.

16 December 2010

Dear Sir/Madam

Licensing Act 2003 – Grant of Premises Licence Application

The Lounge, 60-62 Broad Street, Banbury.

I refer to the hearing of the Licensing Sub-Committee on 20 August 2010 at which the Sub-Committee considered an application in respect of the above premises for the variation grant of a premises licence under the Licensing Act 2003.  The decision contained in this letter is a decision of the Licensing Authority.

After considering all the representations made at the hearing the Sub-Committee decided as follows:

The Sub-Committee considered all the submissions made by all parties. They noted that the Licensing Act 2003 states that all licensing matters must promote the four Licensing Objectives. Representations were received from ThamesValley Police in relation to the promotion of the prevention of crime and disorder objective. Interested Parties attended and raised objections about potential issues should the licence be granted in relation to the prevention of public nuisance objective. His concerns were primarily that the applicant would not be able to control the conduct of their patrons when they leave the premises. The Sub-Committee noted in particular paragraphs 2.38 and 2.39 of the Home Office Amended Guidance Issued Under Section 182 of the Licensing Act 2003, and concluded that any conditions to be imposed on the licence would need to be focused on measures within the direct control of the licence holder or club. They acknowledged that beyond the vicinity of the premises, these are matters for personal responsibility of individuals under the law. The Committee therefore resolved to approve the application with the following amendments and the inclusion of the following conditions:

·         Application amended to the provision of regulated entertainment, the supply of alcohol and Late Night Refreshment from Monday to Sunday from 11:00am to 2:30am the following morning.

·         Application amended to reflect that no additional hour will be granted to take account of British Summer Time.

·         Application amended to 'consumption on the premises' NOT consumption both on and off the premises.

·         All conditions submitted by the applicant with the application;

·         All conditions agreed between Thames Valley Police and the applicant, namely;

·         And, the following additional conditions:

You have a right of appeal against this decision to the Magistrates' Court within 21 days of the date of this letter. The relevant Magistrates Court for the area is;

Northern OxfordshireMagistrates Court

The Courthouse

Warwick Road

Banbury

Oxon

OX16 2AW

Tel: 01295 452000

Fax: 01295 452050

Finally, if you have any queries regarding this notice, please contact a member of the Licensing Team on 01295 753744.

Yours faithfully

Claire Bold

Licensing Team Leader