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Eden District Council
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Licensing Committee - 2 March 2005

Present:

Chairman: Councillor R H Fisher
Councillors: A R Bewley, A K Morgan, H H Cook, S J Simpson, I Graham, H W Threlkeld, J C Lynch
Standing Deputy: B Metz (for Councillor G R Savage)
Lead Officer in Attendance: S Young (Legal Services Manager)

Lic/46 Apologies for Absence

Apologies for absence were received from Councillors Mrs M J Herbert, Mrs E Langan and G R Savage who was on other Council business.

Lic/47 Minutes

The minutes including Lic/36 to Lic/44 of the meeting of this Committee held on Wednesday 9 February 2005 were approved as a correct record of those proceedings.

Lic/48 Declarations of Interest

  1. Councillor A K Morgan declared a personal and prejudicial interest in item 4 on the agenda.

Councillor A K Morgan declared a personal and prejudicial interest in the following item of business and withdrew from the meeting during consideration thereof

Lic/49 Application to vary the hours of Community Premises Licence Appleby Public Hall

The Committee considered report CLS 22/04 of the Director of Corporate and Legal Services which requested Members consideration of an application to vary the hours of a Community Premises Licence in respect of Appleby Public Hall. The licensee has requested that the licence be varied to allow an entertainments event to take place between 10.00pm and 2.00am on Saturday 12 March 2005, in aid of the Tsunami Appeal.

John Bell, Licensing Officer addressed the Committee

Sergeant Grant Warwick addressed the Committee

Sara Watson, Environment Health Officer addressed the Committee

Craig Sowerby addressed the Committee and was questioned by Members

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, members of the public (including the press) be excluded from the meeting during the deliberation and decision of the Committee on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 12 of part 1 of the Schedule 12A of the Act.

Following withdrawal from the meeting of Mr Sowerby, the Licensing Officer, Sergeant Warwick and the Environmental Health Officer, the Committee considered the application and received legal advice.

RESOLVED that the application be refused for the following reasons:

  1. There is a potential for an increase in public disorder
  2. There is a potential for an increase in noise disturbance at an unacceptably late hour

Reasons for decision

  1. There is a likelihood of an increase in crime and disorder
  2. It is a corporate objective to promote a healthy and safe Eden.
  3. There are concerns that disturbance from the event and from those leaving the event will cause problems for local residents.

Other options considered

To vary the existing license to allow the event to run from 10.00pm to 2.00am.

The Chairman considered that the following item should be considered at this Committee because a delay of one committee cycle would not be in the interests of the efficient operation of the service.

Lic/50 Magistrates Courts Transfer Sessions

Members were advised that details of the Magistrates Court Liquor Licensing Transfer Sessions had been received and an invitation extended to members of Licensing Committee to attend the sessions to observe proceedings.

RESOLVED that the Legal Services Manager approach the Clerk of the Transfer Sessions to take up the offer and explore the possibility of Members listening to the deliberations of the Magistrates.

Lic/51 Exclusion of Press and Public

The following minute Lic/52 contains exempt information as described in the relevant paragraph of part 1 of schedule 12A of the Local Government Act 1972 and is excluded from this document by virtue of section 100A of the Act. Below is a summary of these proceedings.

Lic/52 Minutes

The minutes including Lic/45 of the meeting of this committee held on Wednesday 9 February 2005 were approved as a correct record of those proceedings.

The meeting closed at 9.55am