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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 08/01/2007
MINUTES OF THE MEETING OF LICENSING SUB-COMMITTEE ‘C’ –
7TH DECEMBER 2006




Licensing Sub-Committee ‘C’ 5
07.12.06
WAVERLEY BOROUGH COUNCIL
MINUTES OF THE MEETING OF LICENSING SUB-COMMITTEE ‘C’ –
7TH DECEMBER 2006

SUBMITTED TO THE LICENSING AND REGULATORY COMMITTEE MEETING –
8TH JANUARY 2007

(To be read in conjunction with the Agenda for the Meeting)
*Mr R D Frost*Mr J M Savage
*Mr P B Isherwood
* Present

5. ELECTION OF CHAIRMAN (Agenda Item 1)

Mr J M Savage was elected Chairman for this meeting of Sub-Committee ‘C’.

6. MINUTES

The minutes of the meeting of Licensing Sub-Committee ‘C’ held on 28th September 2006 were confirmed and signed.

7. DISCLOSURE OF INTERESTS (Agenda Item 2)

There were no interests raised under this heading.
PART I – Recommendations to the Committee

There are no matters falling within this category.
MATTERS OF REPORT

Background Papers

The background papers relating to the following report in Part II are as specified in the Agenda for the meeting of the Licensing Sub-Committee ‘C’.
PART II – Matters reported in detail for the information of the Committee

8. LICENSING ACT 2003 – APPLICATION FOR A VARIATION OF A LICENCE FOR LATE NIGHT REFRESHMENT – GODALMING KEBAB CENTRE, 137 HIGH STREET GODALMING (Appendix A)

8.1 The Licensing Officer presented the application and explained that the applicant was not fit enough to attend in person and would be represented by his agent and brother. Accordingly, it would not be necessary to consider Recommendation 1 of the agenda report, to consider the application in the absence of either the applicant or authorised agent.

8.2 A variation application for a Late Night Refreshment Licence at this premises was considered on 19th January 2006, when a licence was granted for late night refreshment between the hours of 2300 and 000 Mondays to Sundays including non-standard times and a condition that the CCTV be upgraded to a specification agreed with the Police Crime Reduction Officer and installed within three months of the date of that meeting.

8.3 Following the above decision, a variation application had been submitted to allow for late night refreshment until 0100 on Sundays to Thursdays and 0230 on Fridays and Saturdays. The new application was due for consideration in May/June 2006, but was delayed due to the applicant’s personal circumstances.

8.4 The applicant’s agent advised the Sub-Committee that the applicant’s brother had now taken over running the business with the assistance of two managers. He acknowledged that the applicant had contravened the law when the new Licensing Act first came into force, but this had been as a result of misunderstanding due to language difficulty, and the business had been run in accordance with the law since 21st December 2005.

8.5 The applicant’s agent drew attention to the fact that the applicant was prepared to upgrade the CCTV and employ SIA registered door staff in order to promote the Licensing Objective of the prevention of crime and disorder.

8.6 Surrey Police drew the attention of the Sub-Committee to their objection to the previous variation application, based on concerns relating to the Licensing Objectives, and that they considered the steps now proposed by the applicant to manage and control problems in that area late at night were not sufficient. Surrey Police were of the view that, should the variation be approved, the significant reduction in anti-social behaviour in Godalming Town since the premises had been closing at 12 midnight, would be reversed.

8.7 Surrey Police were also concerned that, in the absence of the licence holder, there was not an accountable person supervising the premises. The applicant’s agent confirmed that the applicant’s brother would be making an application to transfer the licence into his name as soon as possible.

8.8 After hearing the representations from the applicant and Surrey Police and considering the written representations from the interested parties, the Sub-Committee then withdrew to deliberate.

8.9 Following the Sub-Committee’s deliberation, the meeting resumed. The Sub-Committee regarded it as very unsatisfactory that no accountable licence holder could be contacted at the premises.

RESOLVED that the application for a variation of a licence for late night refreshment for the Godalming Kebab Centre, 137 High Street Godalming be refused. The reason for refusal was as follows:
The Sub-Committee appreciated that the applicant had belatedly agreed to the conditions of the previous application, but the interests of the town could not be ignored. (Licensing Objective 1, 3 and 4: Prevention of Crime & Disorder; Prevention of Nuisance; Protection of Children from Harm)
PART III – Brief summaries of other matters dealt with

There are no matters falling within this category.
The meeting commenced at 11.00 am concluded at 12.24 pm.





Chairman


comms\licensing\2006-07\087 sub C mins 7.12.06.doc