Committee Report NSC

5
 
                                                                                                                                                                               

North Somerset Council

 

REPORT TO THE: Licensing act 2003 sub committee

 

Date of Meeting: 19th September 2005

 

Subject of Report: Application to convert and vary existing licence to premises licence for Hotshotz, 24 meadow street, weston-super-mare, BS23 1qq

 

Town or parish: weston-super-mare

 

Officer/Member presenting: sioux isherwood

 

Key Decision: n

 

RECOMMENDATIONS

 

That the sub committee grants the application to convert the existing licence into a Premises Licence and to determine the application to vary the Premise Licence.

 

1.                Summary of Report

 

1.1             An application (Copy attached at Annex A). has been received for the conversion and variation of a current Justices On Licence to a premises Licence under the Licensing Act 2003 in respect of Hotshotz, 24 Meadow Street, Weston-Super-Mare, BS23 1QQ.

 

2.         Policy

 

            N/A

 

3.      Details

 

3.1             An application has been received for the conversion and variation of a current Justices On Licence (Copy of Licence attached at Annex B) in respect of Hotshotz, 24 Meadow Street, Weston-Super-Mare, BS23 1QQ.

 

3.2             The current On Licence allows the premises to sell and supply alcohol for consumption on or off the premises between the following hours :

 

Monday to Saturday              11:00 – 23:00

 

Sunday                                   12:00 – 22:30

 

New Years Eve                      11:00 – 24:00

 

New Years Day                     00:00 – 23:00

 

Christmas Day                      12:00 – 15:00 & 19:00 – 22:30

 

 

4.0       The variations applied for are :

 

 

4.1       To supply alcohol On and Off the Premises, (as outlined in section M of Part B           of the application form) between the following hours:

 

 

                      Monday – Thursday                09:00 – 23:00

 

Friday - Saturday                  09:00 – 00:00

 

Sunday                                   10:00 – 23:00

 

                       

4.2       To provide regulated entertainment (as outlined in section E& G of Part B of the application form) between the following hours:

 

 

                      Saturday & Sunday                 14:00 – 18:00

 

 

4.3       To provide regulated entertainment (as outlined in section F, H & I of Part B of           the application form) between the following hours:

 

 

Monday – Thursday              09:00 – 23:00

 

Friday – Saturday                 09:00 – 24:00

 

Sunday                                   10:00 – 23:00

 

                       

4.4       To request opening times for the premises to be:

 

Monday – Thursday              09:00 – 23:30

 

Friday – Saturday                 09:00 – 00:30

 

Sunday                                   10:00 – 23:30

 

 

 

5.         A site plan will be made available to view at the hearing or in advance at the             Licensing Offices, Environmental & Consumer Services, North Somerset Council,            Somerset House, Oxford Street, Weston-Super-Mare, BS23 1TG.

 

6.         The Licensing Act 2003 (Section 4) states that it is the duty of all Licensing    Authorities to carry out their functions under the Act with a view to promoting the            licensing objectives.  The licensing objectives are:

 

a)                 The Prevention of Crime and Disorder.

b)                 Public Safety.

c)                  The Prevention of Public Nuisance, and

d)                 The Protection of Children from Harm.

 

Each objective is of equal importance; there are no other licensing objectives so these four are of paramount consideration at all times.  When considering applications/representations/notifications the Licensing Authority will have regard to these licensing objectives.

 

7.         The Licensing Authority must grant the application for a conversion of an existing      licence unless the police object (Statutory Guidance 13.21).

 

8.         A person or business that makes an application for the conversion of an existing       licence may at the same time apply for a variation of the newly converted premises           licence under Section 34 of the Licensing Act 2003 as if that converted licence is in        force.

 

9.         The Licensing Authority may vary and grant the application with or without additional             conditions.

 

10.       The Licensing Authority can refuse the variation or part of the variation, as it   considers necessary for the promotion of the licensing objectives.

 

11.       The Licensing Authority may not however do anything to reduce the affect of the         rights guaranteed under the first part of the application to convert the existing licence       to a new premises licence.  So for example it could not reduce the hours of trading   less than the permitted hours under the Licensing Act 1964.

 

12.       The Licensing Authority should also have regard to the Council’s Licensing Policy, the Statutory Guidance issued under section 182 of the Licensing Act 2003, and the Licensing Act itself.

 

13.       If the application is refused the applicant may appeal within 21 days of the notification to the Magistrates Court.

 

If the application is granted the person making the relevant representation may appeal within 21 days of the notification to the Magistrates Court.

 

On appeal the court may either dismiss the appeal; substitute the decision appealed against for any other decision which could have been made by the Licensing Authority, or remit the case to the Licensing Authority to dispose of it in accordance with the direction of the Court.  The Court may make such order for costs, as it thinks fit.

 

14.0    REPRESENTATIONS

 

            The Prevention of Public Nuisance

 

14.1    Relevant representations have been received which relate to the Prevention of Public Nuisance from local residents. (See Annex C). 

 

14.2    The objections; from the Neighbourhood Watch & Local Action Team, allege that the increase in noise and public order problems associated with customers leaving the premises would be detrimental to the health and wellbeing of local residents.

            It is alleged that increasing the permitted hours would exacerbate an existing problem.

           

            Objections are not aimed at the regulated entertainment times or types proposed, but to the permitted hours requested.

 

 

The Prevention of Crime and Disorder

 

14.4    In considering any police representation, the jurisdiction of the Licensing Authority is restricted to considerations relating to the Crime Prevention objective and it has no discretion outside of that issue (Statutory Guidance 13.20)

 

14.5    No objections have been received in respect of this objective.

 

Public Safety

 

14.6    No objection has been received in respect of this objective.

 

The Protection of Children from Harm

 

14.7    No objection has been received in respect of this objective.

 

 

 

15.      Consultation

 

15.1    In accordance with the requirements of the Act the applicant served copies of the application upon the police, the fire authority, environmental health (health and safety team, environmental protection team), development control, child protection team and trading standards.?A

 

15.2    The applicant is required to place a notice at the premises for a period of 28 days    starting with the day after the application is made and to display an advertisement in    a newspaper circulating in the locality of the premise to which the application relates.

 

16. Financial Implications

 

N/A

17. Equality Implications

 

N/A

 

18. CORPORATE Implications

 

N/A

 

19. OPTIONS considered

 

N/A

 

Author

 

Sioux Isherwood

Licensing Team

01275 884596

E mail: sioux.isherwood@n-somerset.gov.uk

 

Background Papers

 

Licensing Act 2003.

Guidance to the Licensing Act issued under section 182 of the ‘Act’.

Licensing Act Regulations.

Statement of Licensing Policy for North Somerset Council.