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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing and Regulatory Committee held on 11/04/2006
Minutes of the Meeting of Licensing Sub-Committee 'A' - 16th February 2006



Licensing Sub-Committee ‘A’ 13
16.02.06
WAVERLEY BOROUGH COUNCIL

MINUTES OF THE MEETING OF LICENSING SUB-COMMITTEE ‘A’ –
16TH FEBRUARY 2006

SUBMITTED TO THE LICENSING AND REGULATORY COMMITTEE MEETING –
11TH APRIL 2006
(To be read in conjunction with the Agenda for the Meeting)
*Mr M J Blower*Mrs S R Jacobs
*Mr M W Byham
* Present

18. ELECTION OF CHAIRMAN (Agenda Item 1)

Mr M W Byham was elected Chairman for this meeting of Sub-Committee ‘A’.

19. MINUTES (Agenda Item 2)

The minutes of the meeting of Licensing Sub-Committee ‘A’ held on 29th September 2005 were confirmed and signed.

20. DISCLOSURE OF INTERESTS (Agenda Item 3)

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 ‘A’.

Part II – Matters reported in detail for the information of the Committee

21. LICENSING ACT 2003 – APPLICATION FOR VARIATION OF PREMISES LICENCE – THE FREEHOLDERS, ST JOHN’S STREET, FARNCOMBE, GODALMING
[Wards affected: All Godalming Wards]

21.1 The Licensing Officer advised that the objector was unable to be present at the hearing but wished his written representation to be taken into account in his absence.
21.2 The Assistant Solicitor to the Council advised the Sub-Committee that before considering the application, there was an issue of relevance to be considered.

21.3 The Assistant Solicitor drew the Sub-Committee’s attention to paragraph 5.77 of the guidance issued under Section 182 of the Licensing Act 2003 which states: “The Secretary of State recommends that in borderline cases, the benefit of the doubt should be given to the interested party making the representation.. …if it then emerged that the representation should not be supported, the licensing authority could decide not to take any action in respect of the application …”.

21.4 The Assistant Solicitor advised that, should the Sub-Committee consider the objector’s representation is not relevant to the application for a variation to the licence to include dancing and late night refreshment on grounds that it related to noise nuisance arising out of existing licensable activities, the objection would not be relevant and the hearing should not continue, as the application would then be unopposed.

21.5 After hearing the representation from the applicant, considering the written representation from the objector and taking into account advice received from the Assistant Solicitor to the Council, the Sub-Committee then withdrew to deliberate.

21.6 Following the Sub-Committee’s deliberation, the meeting resumed and it was
PART III – Brief summaries of other matters dealt with

There are no matters falling within this category.
The meeting commenced at 10.09 am and concluded at 10.55 am


Chairman

comms/licensing/2005-06/177