Agenda and draft minutes

Licensing & Gambling Acts Sub Committee - Friday, 30th August, 2024 10.00 am, POSTPONED

Venue: Committee Room 1, The Arc, Clowne

Contact: Matthew Kerry  Governance Officer

Items
No. Item

LGASC11-24/25

Election of Chair for the meeting

Minutes:

Moved by Councillor Rita Turner and seconded by Councillor Amanda Davis

RESOLVED that Councillor Emma Stevenson be elected as Chair for the meeting.

 

Councillor Emma Stevenson in the Chair

LGASC12-24/25

Apologies for Absence

Minutes:

There were no apologies for absence.

LGASC13-24/25

Declarations of Interest

Members should declare the existence and nature of any Disclosable Pecuniary Interest and Non Statutory Interest as defined by the Members’ Code of Conduct in respect of:

 

a) any business on the agenda;

b) any matters arising out of those items;

 

and if appropriate, withdraw from the meeting at the relevant time.

Minutes:

There were no declarations of interest made.

LGASC14-24/25

Minutes pdf icon PDF 227 KB

To consider the minutes of the Licensing & Gambling Acts Sub Committee meeting held on 29th July 2024.

Minutes:

Moved by Councillor Amanda Davis and seconded by Councillor Emma Stevenson

RESOLVED that the minutes of the meeting of the Licensing & Gambling Sub Committee held on 29th July 2024 be approved as a true and correct record.

LGASC15-24/25

To hear representations made under the Licensing Act 2003 and determine whether to grant an application for a Premises Licence at Bennies Kitchen, The Old School, Mill Street, Clowne, Chesterfield, S43 4JN pdf icon PDF 403 KB

Additional documents:

Minutes:

In attendance for this item was the applicant, Mr. Peter Hopkinson, and his son, Mr. Peter Luke Hopkinson.

 

The Chair introduced the item and welcomed those present.

 

The Legal Officer explained it had been brought to the attention of the Council on Tuesday, 27th August that the objectors listed in the Report had not been safely notified by 10 working days of the hearing takin place.

 

One objector had subsequently contacted the Council wishing to attend the hearing.  The other objector had not.

 

Regulation 32 of the legislation stated “the authority shall, if it considers that any person may have been prejudiced as a result of the irregularity, take such steps as it thinks fit to cure the irregularity before reaching its determination”.

 

Therefore, Members needed to consider whether to continue the hearing or adjourn to prevent prejudice towards the objectors.

 

The Chair stated, to prevent prejudice, it would be appropriate to adjourn the hearing to enable the 10 working days necessary to inform the objectors.

 

The Legal Officer noted, if the objectors were not present at the rescheduled hearing following safe notification, that hearing would proceed.

 

Apologies were expressed for the hearing to be adjourned, and the Chair thanked all those for attending.

 

Moved by Councillor Emma Stevenson and seconded by Councillor Amanda Davis

RESOLVED that the hearing be adjourned and a new hearing takes place.