Licensing Sub Committee Author’s Title Licensing Manager. Are there background papers? Yes No Exempt Yes No Ward(s) affected? Fakenham Responsible Member Cllr B Hannah Contact officer Chris Cawley E-mail address chris.cawley@north-norfolk.gov.uk Telephone number 01263 51 Are there Non Electronic Appendices? List of Background Papers and Appendices Yes No North Norfolk District Council Licensing Policy Statutory Guidance issued by the Secretary of State Appendix to the report containing copies of correspondence related to the Application Current Application Form This report has been subject to the following processes: Consultations with: Head of Financial Services (S151 Officer) Yes Not apt Solicitor to the Council/legal Not apt Yes Others: File Location: Licensing Sub-Committee Page 1 of 4 19 January 2011 Agenda Item No___4__ Application for Review of the current Premises Licence - The Star Public House, Oak Street, Fakenham Summary: This report relates to an application from a local resident for review of the Premises Licence Conclusions: Recommendations: That Members consider and determine this case Chairman of the Licensing Committee Councillor B Hannah Contact Officer, telephone number, and e-mail: Ward(s) affected: Fakenham Chris Cawley 01263 516252 chris.cawley@north-norfolk.gov.uk 1. Jurisdiction 1.1. North Norfolk District Council is the Licensing Authority under the Licensing Act 2003 in respect of Premises licences for the sale of alcohol or regulated entertainment. Where a valid application for a review of a premises licence is received, before determining the application, the authority must hold a hearing to consider it and any relevant representations. 2. Description and Location of Premises 2.1. The premises are an established public house (possibly the oldest in Fakenham) situated amongst residential and commercial premises in a major thoroughfare leading from the town centre. The building is set back from the road providing a small car park to the front of the property. There is a small garden/patio area to the side/rear. Licensing Sub-Committee Page 2 of 4 19 January 2011 3. Licensing History 3.1. The Premises have traditionally benefitted from a Justices On Licence. This was converted to a Premises Licence in 2005 and which is now held by Admiral Taverns (Harmony) Limited 3.2. The tenant and Designated Premises Supervisor from 4 August 2009 was Mr Toby Joslin-hutchins, 3.3. The tenancy of the Premises was acquired by Ms J Scott in November 2010 who has reopened the pub for business with Ms Clare Newbery, Kings Head, 36 Old Norwich Road, Hethersett, Norfolk, NR9 3DD as the Designated Premises Supervisor. 3.4. The current Licence permits sale of alcohol; recorded music; making music and dancing 11.00 -2300 Mon – Wed; 11.00-2400 Thurs – Sat; 12.00 -22.30 Sunday 4. The current application 4.1. The application made on 17 November 2010 by Ms Melissa Wilkes supported by Ms C Major, local residents, seeks a review of the current licence. 4.2. The application is deemed valid and the necessary publication for formal consultation has been undertaken by officers. 5. Representations 5.1. The formal consultation period for this application was from 18 November 2010 to 16 December 2010. 5.2. Valid representations were received from the following (copies of correspondence are attached in the annexe to this report) Responsible Authority Norfolk Constabulary Norfolk Fire Service Norfolk Trading Standards Social Services Environmental Health (Health & Safety team) Environmental Health (Environmental Protection team) Interested Parties Residents & Businesses Dawn Wakefield 45 Oak Street, Licensing Sub-Committee Comments Police support the application Date Received 2 Dec 2010 No reply received No representations to make 29 Nov 2010 No reply received Comment on positive attitude and upgrades made by incoming tenant 13 Dec 2010 Concerns over noise nuisance 16 Dec 2010 Comments Date Received Concerns over noise nuisance 16 Dec 2010 Page 3 of 4 19 January 2011 Fakenham Other interested parties NIL Comments Date Received 6. Recommendations 6.1. The Sub Committee is asked to consider and determine this application. 6.2. When considering this application the Sub Committee will need to have regard to the North Norfolk District Council Licensing Policy and to statutory guidance under the Licensing Act 2003 issued by the Secretary of State 6.3. In determining this application the Sub Committee may take the following actions: 6.4. • Decide that no action is necessary (To reject the application) • Modify or add conditions to the licence • Exclude a licensable activity from the licence • Remove the Designated Premises Supervisor • Suspend the Licence for a period (not exceeding 3 months) • Revoke the Licence This application must be determined and notified to the applicant within 5 working days from the conclusion of the hearing. Appeals 6.5. There is a right of appeal to the decision of the Sub Committee to the Magistrates court within 21 days. 6.6. This being a review hearing under the provisions of S88(11) Licensing Act 2003 the decision of the committee does not become effective until 1) 2) The end of the period given for appealing against the decision. If the decision is appealed against, until the appeal is disposed of. Licensing Sub-Committee Page 4 of 4 19 January 2011