Agenda and minutes

Licensing Committee - Thursday, 23rd June, 2022 6.00 pm

Venue: Castle House, Great North Road, Newark NG24 1BY

Contact: Helen Brandham  Email: helen.brandham@newark-sherwooddc.gov.uk 01636 655248

Media

Items
No. Item

1.

Declarations of Interests from Members and Officers

Minutes:

NOTED       that no Member or Officer declared any interest pursuant to any statutory requirement in any matter discussed or voted upon at the meeting.

2.

Notification to those present that the meeting will be recorded and streamed online

Minutes:

The Chairman advised that the proceedings were being recorded by the Council and

that the meeting was being livestreamed and broadcast from the Civic Suite, Castle

House.

3.

Minutes of the Meeting held on 10 March 2022 pdf icon PDF 232 KB

Minutes:

AGREED      that the Minutes of the meeting held 10 March 2022 were a correct record and signed by the Chairman.

4.

Licensing Committee Forward Plan pdf icon PDF 312 KB

Minutes:

NOTED       the Forward Plan from 1 July 2022 to 30 June 2023.

5.

Community Alcohol Partnership Update

Minutes:

Councillor Lee Brazier, the Committee’s representative on the Community Alcohol Partnership (CAP) provided Members with an update of the work being undertaken.

 

He advised there were two CAPs operating within the district: one covering Ollerton, Edwinstowe and Boughton; and the other was Clipstone.  This was in partnership with Mansfield District Council as it incorporated Forest Town which lies within the district of Mansfield.

 

CAP works close with Nottinghamshire County Council, the Police, Mansfield District Council, Youth Services, retailers, pubs, schools in an attempt to gauge people’s feelings in relation to ASB, alcohol and substance misuse.  One issue at present is the increase in cannabis use by young people with it being found to be cheaper than cigarettes.  The Police and ASB were aware of this and the situation was being monitored.

 

At the Clipstone meeting held that day, the Alcohol Education Trust were in attendance and advised that they would be arranging training for individuals who were suffering with misuse issues.

 

CAP had recently developed a new free online licensing course for employers to offer out to their staff e.g. pubs, shops, off-licences. This would offer knowledge around licensing laws and legislation.  There would be three modules to the training and before moving on to the next module the attendee would be required to take an assessment to ensure they have taken on board the information given.  Before this was rolled out, it would be previewed by Licensing Officers and the Chairman of the Licensing Committee to ensure it was suitable for its intended purpose.  

 

A recent survey had been taken at Garibaldi School in relation to alcohol consumption by teenagers between the ages of 13 and 15, the final figures for which were awaited.  These would be reported to a future meeting of the Licensing Committee. 

 

There were 256 CAPs nationally but of those, not all were active.  Some CAPs met monthly, the ones in this district met quarterly, some met twice a year and some only met annually.

 

6.

Update on the Appeal for The Corn Exchange, Newark pdf icon PDF 256 KB

Minutes:

The Committee considered the report presented by the Senior Licensing Officer which provided Members with an update on the Appeal for the Corn Exchange, Newark,

 

The report set out the background to the appeal being lodged with the Nottingham Magistrate’s Court and the delays in hearing the appeal due to the severe back log in the courts as a result of the pandemic.  The Council had appointed an external Barrister who specialised in licensing law to represent the Council.  On reviewing all the evidence supplied by the appellant, the opinion of the Barrister was that it would be highly likely that the Council would lose the appeal, with one of the main reasons being the change to the night time economy of Newark over recent months and the Police response.  The appellant’s Barrister had also indicated that they would make an order for total costs payment to be awarded against the Council should the appeal be successful.  In considering all the information, it was agreed that a negotiated out of court settlement would be appropriate, having made the Chairman of the Committee aware of the intention. 

 

The licence was therefore granted in line with those requested by the applicant in the original application with conditions attached which provided control over the licence as necessary. 

 

The report made clear that whilst the outcome was different to the decision taken by the Hearing Panel it should be noted that two years had passed, with the impact of the pandemic on town centres and recent licences granted with extended times. 

 

In considering the report, the Members who had sat on the Hearing Panel on 21 August 2020, were in agreement that they considered their original decision to have been correct at that time given the circumstances.  They expressed their disappointment that the applicant had not attempted to open the premises on the originally granted hours.

 

AGREED      (unanimously) that the report be noted.

 

7.

Minutes of Licensing Hearing held on 15.03.22 (The White Hind) pdf icon PDF 256 KB

Minutes:

NOTED       the Minutes of the Licensing Hearing held on 15 March 2022 in relation to the White Hind, 3 Carter Gate, Newark.

8.

Minutes of Licensing Hearing held on 18.03.22 (McCarrolls Barbers) pdf icon PDF 507 KB

Minutes:

NOTED       the Minutes of the Licensing Hearing held on 18 March 2022 in relation to McCarrolls Barbers, 32 King Street, Southwell.

9.

Licensing Training

DIARY DATE

Members are invited to attend a training session to be held on Tuesday, 5 July 2022 at the Hostess Restaurant in Sookholme, nr. Mansfield from 9.30am to approximately 4pm.  The training session will cover the Licensing Act 2003 and also taxi and private hire licensing matters. 

 

Minutes:

The Chairman sought confirmation from Members as to whether they would be attending the training session being held on Tuesday, 5 July 2022 at the Hostess Restaurant, nr. Mansfield.

 

NOTED       that 8 Members confirmed their attendance, with 3 Members tentatively accepting.

10.

Update on Performance and Enforcement Matters pdf icon PDF 372 KB

Minutes:

The Committee considered the report presented by the Senior Licensing Officer in relation to the activity and performance of the Licensing Team between 1 January and 31 March 2022.

 

AGREED      (unanimously) that the report be noted.

11.

Temporary Event Notices Received and Acknowledged between 1 January and 31 March 2022 pdf icon PDF 254 KB

Additional documents:

Minutes:

The Committee considered the report presented by the Senior Licensing Officer in relation to the Temporary Event Notices received between 1 January and 31 March 2022.  The appendix to the report listed all the TENs received.

 

AGREED      (unanimously) that the report be noted.