Venue: Virtual Meeting
Contact: Committee Services
No. | Item |
---|---|
WELCOME - LEGAL ADVISOR TO THE SUB-COMMITTEE Minutes: The Legal Advisor to the Sub-Committee, David Smithet gave a brief welcome and stated the reason for the hearing. The Legal Advisor advised the procedure to be followed and outlined the domestic arrangements.
|
|
ELECTION OF CHAIRMAN FOR HEARING Minutes: The Legal Advisor confirmed that Councillor Newman, Chairman of the Licensing and Regulatory Committee would chair the hearing.
The Chair welcomed everyone to the meeting. |
|
DECLARATION OF INTERESTS BY COUNCILLORS Minutes: Councillor Beer declared that he took part in the planning process when planning permission was granted for the premises. |
|
Report from the Licensing Officer attached.
Right of attendance, assistance and representation
Subject to regulations 14(2) - concerning exclusion of the public from all or part of a hearing where the Licensing Authority considers doing so to be in the greater public interest, and regulation 25 - concerning the exclusion of any person attending the hearing who is behaving in a disruptive manner:
· A party may attend the hearing and may be assisted or represented by any person, whether or not that person is legally qualified.
At the hearing a party shall be entitled to –
a) in response to a point upon which the authority has given notice to a party that it will want clarification under regulation 7(1)(d), give further information in support of their application, representation or notice (as applicable, b) if given permission by the authority, question any other party; and c) address the authority.
Failure of parties to attend hearing
(1) If a party has informed the Authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.
(2) If a party who has not so indicated fails to attend or be represented at a hearing the authority may –
(a) where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or (b) hold the hearing in the party’s absence.
(3) Where the Authority holds the hearing in the absence of the party, the Authority shall consider at the hearing the application, representations or notice made by that party.
(4) Where the Authority adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.
Any points the Authority considers that it will want clarification on (if any):
If any party is withdrawing their application or representation then please contact us at LicensingTeam@baberghmidsuffolk.gov.uk without delay.
If any party is to rely on documentary/video or other material to support their representation or submission, please provide it as soon as possible in a legible/useable format (with any redactions having been made where appropriate). Late or on the day documentation/media production may not be admissible, in accordance with relevant regulations. The Licensing Authority will also want reasonable clarification from Environmental Protection on noise readings, this can be provided to the authority in Map format.
The Licensing Authority will also want reasonable clarification from Suffolk Constabulary by providing CRIS and CAD reports appropriately redacted, as referenced in its representation and supporting information together with CCTV footage also referenced.
APPLICANT – RESPONSIBLE AUTHORITIES – INTERESTED PARTIES
Please ensure that you complete and return the attached ‘Attendance at Hearing Notice’ NO LATER than 5 (five) working days before the date of the hearing.
A party who wishes to withdraw any representations they have made should do so as soon as possible.
If you consider that the hearing is not necessary, the Licensing Authority may dispense with a hearing providing ... view the full agenda text for item 4. Additional documents:
Minutes: The Chairman asked the Sub-Committee Members and officers in attendance at the meeting to introduce themselves.
The Chairman asked the Applicant (Trevor Cresswell - Leader of the Borehamgate Gt Eastern Road Residents Association) and Other Persons (Mr Dorrington) to introduce themselves.
The Chairman asked the Premises Licence Holder’s representative (David Dadds – Dadds Solicitors) to introduce himself, he then asked Mr Dadds to confirm that he had received copies of all the relevant representations. This was confirmed.
The Chairman asked the Responsible Authority representatives to introduce themselves:
Suffolk Constabulary – Sharon Betts-Palmer Environmental Protection – Chris Cornish Planning Enforcement – Simon Bailey
Mr Dadds asked for clarification of who was in attendance on behalf of the Responsible Authorities and who were being called as witnesses. The Licensing Officer confirmed that requests to call witnesses had been received from the Responsible Authorities and provided the information to the meeting:
Suffolk Constabulary – Robert Farrow and Oliver Williams Environmental Protection – James Buckingham and Les King
The Suffolk Constabulary representative, Sharon Betts-Palmer advised the meeting that Robert Farrow was unable to attend, and that Oliver Williams was available to assist with any questions regarding the Sudbury area.
The Applicant, Trevor Cresswell advised that his son (Tom Cresswell) was unable to attend and asked if he could read out a statement on his behalf.
Mr Dadds asked for confirmation that Tom Cresswell had made his representation within the prescribed timescale. The Licensing Officer confirmed that Tom Cresswell was part of the Residents Association and therefore permitted to speak.
Mr Dadds referred to Hearing Regulation 8 regarding notice of witnesses attending hearings. He stated that he should have had advance notice of all witnesses attending the hearing and copies of their witness statements. He also questioned the membership of the Residents Association and whether it had a constitution.
The Environmental Protection representative, Chris Cornish clarified that himself, James Buckingham and Les King submitted their representation as the Environmental Protection team and that they would all be available to speak.
Mr Dadds requested further clarity on who would be making representations. The meeting was adjourned between 10.45am and 11.30am for legal advice regarding the points made by Mr Dadds.
The Legal Advisor, Mr Smithet advised the meeting regarding the Licensing Act 2003, Hearing Regulations 8 and 22. He advised that an Attendance at Hearing form had been completed by Trevor Cresswell, the form included Tom Cresswell and that he had indicated that he intended to speak at the hearing but was unable to do so due to work commitments.
Mr Smithet advised the meeting that the Sub-Committee had agreed that Tom Cresswell’s statement could not be reasonably withheld and therefore it could be read out by Trevor Cresswell, however it would be read out as a hearsay statement and that the Sub-Committee would determine the appropriate weight to give it in their deliberations taking into account all the circumstances. Mr Smithet also advised that the Sub-Committee had agreed that it was appropriate for them to ... view the full minutes text for item 4. |
|
EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS) Confidential representations to be heard in closed session. Minutes: It was RESOLVED:
That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for item 6 on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 of the Act, on the grounds set out in Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005.
|
|
B/LA/Sub/20/1 LICENSING ACT 2003: REVIEW OF PREMISES LICENCE BPL0463 - CAFFEINE LOUNGE (CONTINUED) Minutes: The Premises Licence Holder’s representative, Mr Dadds continued to question the Applicant on his representation compared with the incidents detailed in the Police CAD reports.
At the conclusion of the questions from the Premises Licence Holder’s representative, the Sub-Committee voted to re-admit the public.
|
|
RE-ADMITTANCE OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS) Minutes: It was RESOLVED:
That under Section 100A(4) of the Local Government Act 1972, the public be re-admitted to the meeting.
|
|
B/LA/Sub/20/1 LICENSING ACT 2003: REVIEW OF PREMISES LICENCE BPL0463 - CAFFEINE LOUNGE (CONTINUED) Minutes: The Chairman asked each of the Responsible Authorities if they had any questions for the Applicant.
The Environmental Protection representative, Mr Cornish asked the Applicant to confirm that he had been advised of the correct procedure to follow for his nuisance complaints. Mr Cresswell confirmed that he had.
At the conclusion of the questions for the Applicant, the Sub-Committee resolved to exclude the public and to continue in private session. |
|
EXCLUSION OF THE PUBLIC (WHICH TERM INCLUDES THE PRESS) Minutes: It was RESOLVED:
That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting for item 10 on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 of the Act, on the grounds set out in Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005.
|
|
B/LA/Sub/20/1 LICENSING ACT 2003: REVIEW OF PREMISES LICENCE BPL0463 - CAFFEINE LOUNGE (CONTINUED) Minutes: The Chairman asked the Premises Licence Holder’s representative to present his case.
The Premises Licence Holder’s representative, Mr Dadds presented his case to the hearing.
The meeting was adjourned between 3:25pm and 3:35pm.
At the conclusion of the Premises Licence Holder’s case, the Chairman asked each of the parties to the hearing in turn if they had any questions for Mr Dadds.
The Premises Licence Holder’s representative answered a question from the Applicant about the crime rate in Gt Eastern Road before the premises opened.
The Premises Licence Holder’s representative answered a question from the Suffolk Constabulary representative relating to international gaming competitions held at the premises and how many happened after 11pm at night.
The Premises Licence Holder’s representative answered a question from the Environmental Protection representative relating to the proposal to have door staff at the premises and the primary use of the premises, also regarding meetings between Environmental Health and his client in February and March 2020 and further correspondence in August and September 2020.
At this point the Sub-Committee agreed to an adjournment as the Planning Enforcement Officer needed to leave the meeting due to childcare commitments.
The meeting adjourned at 4:45pm to be reconvened on 20th November 2020 at 9:30am. |