Agenda and minutes

            Prior to commencement of the meeting it had been agreed that Councillor Cooper would chair the meeting.

Members and Officers are reminded to make any declarations of pecuniary,

personal and/or prejudicial interests that they may have in relation to items on this agenda and are reminded that they should re-declare their interest before

consideration of the item or as soon as the interest becomes apparent.

Members and officers should make their declaration by stating :

a) the item they have the interest in

b) whether it is a pecuniary, personal and/or prejudicial

c) the nature of the interest

            There were no declarations of interest made.

The Committee is asked to consider passing the following resolution:-

That under Section 100A(4) of the Local Government Act 1972, the public and accredited representatives of newspapers be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified again the items.

            The Subcommittee

RESOLVED

That under Section 100A(4) of the Local government Act 1972, the public and accredited representatives of newspapers be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraph specified against the items.

To consider the attached report.

                        As the applicant was unable to be present, this item was postponed to a future meeting to enable them to attend to present their case.

To consider the attached report.

The meeting will then move into open session

                        The Licensing Officer presented this report which set out the detail of a case where the applicant had a previous relevant conviction.  A character reference was circulated at the meeting for Members’ information. 

                        Following an explanation from the applicant in respect of the detail of the conviction and questions from Members, all parties left the meeting to enable the Subcommittee to consider the matter.

                        Having considered the case, the Subcommittee

RESOLVED

That the licence be granted, subject to the DBS (Disclosure and Barring Service) check, knowledge test, and medical and driving assessment being completed to the satisfaction of officers, with a strict warning for 12 months.

            All parties were then recalled and advised of the decision.

            The meeting then moved into open session.

            Present: Councillors Cooper (Chairman), Clayden and Warren

This report requests Members to consider the matter of an application for the variation of a premises licence for Best Kebab, 18 Queensway, Bognor Regis.

          Prior to commencement of consideration of this item, the Chairman requested those in attendance to introduce themselves and stated that a verbatim note of the meeting would not be taken and should anyone wish anything particular to be noted they should indicate accordingly to enable this to be done.

          The Licensing Officer presented this report which outlined the detail of an application to vary a premises licence under Section 34 of the Licensing Act 2003 for Best Kebab, 18 Queensway, Bognor Regis.  The variation was to supply alcohol on and off the premises during the period of opening and to remove the condition relating to a registered door supervisor being deployed on the premises from 01.30 a.m. until the premises closed.  Representations against the application had been received from the Licensing Authority, Environmental Health, the Economy Team, Sussex Police and Bognor Regis Town Council.  An updated representation from the Police Licensing Team was circulated at the meeting for Members’ consideration.

          At the hearing, the applicant offered a change to the time for the sale of alcohol up to 11 pm or 12 midnight every night and requested that a registered door supervisor should only be required to be on site on Saturdays as Friday was a quiet night and did not warrant such a presence.  It was also stated that no alcohol would be sold to drunk customers.

          All the responsible authorities present expressed their serious concerns that the supply of alcohol at such a late night refreshment venue had the potential to cause a flash point for anti-social behaviour and to create unacceptable noise and nuisance, particularly as The Queensway comprised of a substantial number of residential flats where the residents would be adversely affected.  It was stated that each case had to be considered on its own merits, with consideration being given to the needs of the local area.  Applicants should take account of that in relation to their applications under the Licensing Act and it was felt that, in this particular case, the applicant had not illustrated a clear understanding of his responsibilities to ensure adherence to the licensing objectives – this location was an ASB hot spot and views were expressed that the proposal was likely to worsen the situation.

          Following the Council’s laid down procedure, detailed representations were heard from those relevant parties in attendance, followed by questions between all parties, which were responded to at the meeting.

          The Subcommittee then retired from the meeting, together with the Council’s Solicitor, to consider its decision in tangent with the verbal and written representations made.

          On reconvening the meeting, the Chairman read out the following statement:-

“The Members were asked to consider a variation application for the premise license Best Kebab, 18 Queensway, Bognor Regis.

The Members had been provided with the variation application together with the representations made by the interested parties and they had due regard to their own Statement of Licensing Policy and Secretary of State Guidance 182 of the Licensing Act 2003.

Having  ...  view the full minutes text for item 6.