Agenda and draft 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

An apology for absence was received on behalf of Councillor Anne Clarke.

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.

There were no declarations of interest made.

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

The Legal Officer informed that, with other interested parties not present, it remained with Members to decide whether to adjourn or proceed with the hearing.  Members unanimously agreed to proceed with the hearing.

The Chair introduced the item and welcomed those present.

The Chair explained the procedure that would be followed and stated that the hearing was not a Court and as such strict Court rules did not apply.  Any evidence given would not be given under oath, but the Chair reminded parties that providing untrue statements was a criminal offence under the Licensing Act 2003.

With all those present confirming they had received the relevant documents, the Chair invited the Licensing Officer to present the report.

The Licensing Officer stated the Council was responsible for granting Personal Licences under the Licensing Act 2003 (the ‘Act’).  The Act set out 4 statutory objectives, each of equal importance, that had to be addressed by the Council when discharging its functions under the legislation.  Those licensing objectives were:

·       The prevention of crime and disorder;

·       Public safety;

·       The prevention of public nuisance; and

·       The protection of children from harm.

In addition to the legislation, the Council had to have regard to the Revised Guidance issued under section 182 of the Act and to the Council’s own Statement of Licensing Policy.

In May 2024, the Council had adopted a revised Licensing Act 2003 Policy (the ‘Policy’).  The report set out paragraphs 2.2 and 2.4, 2.5 and 4.2 of the Policy, which outlined the general principles of the Policy and the Act.

On 5^th July 2024, an application for a Premises Licence for Bennies Kitchen, The Old School, Mill Street, Clowne, S43 4JN was received by the Council from Mr. Peter Hopkinson.   A copy of the application was attached as Appendix 1 and the proposed plan as Appendix 2.  The application had been processed in line with the legislation and all Responsible Authorities notified.

The hearing was informed the opening and closing times were incorrectly recorded in the report; the correct times were listed.

On 18^th July 2024, Derbyshire Constabulary contacted the Applicant to suggest additional conditions be imposed upon the licence.  On 21^st July 2024, the Applicant agreed to all conditions suggested by Derbyshire Constabulary.  A copy of the agreed conditions was attached as Appendix 3.

On 5^th August 2024, a representation was received from Ms. Frances Heavey-Cook in relation to public nuisance and crime and disorder.  A copy of Ms Heavey-Cook’s representation was attached as Appendix 4.

During the consultation period, the Applicant entered into mediation with Ms. Frances Heavey-Cook to try and resolve the concerns listed in the representation letter.  As part of this process, a letter was sent to Ms. Frances Heavey-Cook and a copy of this letter was attached as Appendix 5.  At the time of writing the report, Ms. Frances Heavey-Cook’s representation  ...  view the full minutes text for item LGASC19-24/25