Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no disclosures of interest.

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:

·         Section 4: (Fundamental Principles)

·         Section 11: (Licensing Hours)

·         Section 12.1: (Prevention of Crime & Disorder)

·         Section 12.2: (Public Safety)

·         Section 12.3: (Prevention of Public Nuisance)

·         Section 12.4: (Protection of Children from Harm)

·         Section 17: (Licence Conditions)

The following sections of the Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 were also relevant:

·         Paragraph 1.16 – Licence conditions – general principles

·         Paragraph 1.17 – Each application on its own merits

·         Paragraphs 2.1-2.6 – Crime and Disorder

·         Paragraphs 2.7-2 – 2.14 – Public Safety

·         Paragraphs 2.15-2.21 – Public nuisance

·         Paragraphs 2.22-2.32 – Protection of children from harm

·         Paragraphs 9.31-9.41 – Hearings

·         Paragraphs 9.42 – 9.44 – Determining actions that are appropriate for the promotion of the licensing objectives

·         Paragraphs 10.1-10.66 – Conditions

The Sub-Committee received a report from the Licensing Officer, Mark Adams.   The application was for a new premises licence for Pasta Evangelists for the provision of late-night refreshment Monday-Sunday 23:00-02:00hrs.  The premises would operate as a delivery only business.  The premises would not be open to the public and would be used for the dispatch of goods only.  There shall be no collection of goods by the public from the premises.  (No selling or supplying alcohol).

There was a current live Premises Licence GUPLA0210 in place since November 2005 held by Art Kuzina Limited.  It was noted that the current business Amor Amora were licensed to stay open until 2am Monday-Sunday, though they had not operated until that late hour.  In relation to the licence application, the applicant had provided steps to promote the licensing objectives.  This included the provision of CCTV, the distribution of a telephone number for the premises/member of the management team to be provided to residents upon request should there be a complaint and to encourage riders of delivery vehicles to be used in a responsible manner so not to cause a nuisance to local residents or leave engines running when the vehicles are parked.

Two representations had been received during the consultation period, one of which was subsequently withdrawn.  The outstanding objection was in relation to the potential for public nuisance caused by the proposed licensing hours of staying open until 2am every day.  The other person who had submitted that objection was not present at the hearing. 

The Sub-Committee was reminded that it could impose additional conditions on the licence which were appropriate for the promotion of the licensing objectives, proportionate and which dealt with the concerns of those making representations.  The Sub-Committee could also reject the application. 

The applicant, Mr Lisi was invited to make his representation.  Mr Lisi confirmed that Pasta Evangelists was a stable business with over 40 kitchens located throughout the UK.  The business maintained good relationships with all of its neighbours.  The proposed premises would not be open to  ...  view the full minutes text for item 2.