Decision details

Decision

After retiring to deliberate, the Sub-Committee returned and delivered their decision as below.

The application has been advertised in accordance with the legislation and any conditions need to be appropriate, necessary, and proportionate.

Responsible Authorities

The Sub-Committee noted that there had been no representations made by the Police and Environmental Health or any other as Responsible Authorities: that is organisations and bodies identified as such in the Act.

Consideration

Having considered the submissions, the Statutory Guidance and the Act, the Sub-Committee does not consider that this Application will undermine the licensing objectives. 

The Other Party was not present before the Sub-Committee and therefore not able to answer questions or elucidate on matters set out in their written representation. Accordingly given the above circumstances the Sub-Committee has had to allocate the appropriate weight to the Other Party’s representations.

Conclusion

On the evidence before it, having considered all the circumstances, the Sub-Committee grants the application for a variation to the Premises Licence as applied for together with the Conditions that the Applicant has offered up in section 16 of its application (agenda page 25).

Parties are reminded that there are rights of appeal against this the Licensing Authority’s decision pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003.  An appeal may be made to any Magistrates’ Court in England and Wales, but it is expected that an appellant would bring an appeal to a Magistrates’ Court in the area in which they or the Premises are situated. In this case the Magistrates’ Court sitting at St. John’s Road, Taunton TA1 4AX.

Any appeal must be commenced within a period of 21 days beginning with the day on which the appellant is notified by the Licensing Authority of the decision which is being appealed i.e. within 21 days beginning with the day on which this Decision Notice is given to the appellant.

All parties are also reminded of the procedures contained within the Licensing Act 2003 relating to review of the Premises licence.  This provision permits nearby residents, businesses, or responsible authorities to apply for a review of a Premises licence where problems with crime and disorder, public safety, public nuisance, or the protection of children from harm are occurring. The Sub-Committee respectfully reminds all parties that for any review to go ahead, evidence would need to be collected of incidents occurring that undermine the licensing objectives.