Licensing Sub Committee Author’s Title Licensing Manager.

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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
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