Agenda and minutes

The Democratic Services Officer advised the meeting of the procedure.

Apologies were received from Cllr Deirdre Horstmann, for whom Cllr Anthony Clarke substituted.

At this point in the meeting declarations of interest are received from Members in any of the agenda items under consideration at the meeting. Members are asked to indicate:

(a) The agenda item number in which they have an interest to declare.

(b) The nature of their interest.

(c) Whether their interest is a disclosable pecuniary interest or an other interest,  (as defined in Part 2, A and B of the Code of Conduct and Rules for Registration of Interests)

Any Member who needs to clarify any matters relating to the declaration of interests is recommended to seek advice from the Council’s Monitoring Officeror a member of his staff before the meeting to expedite dealing with the item during the meeting.

Cllr Appleyard declared a non-pecuniary interest as a former member of Westfield Parish Council until four years ago. He said this would not influence his determination of the Parish Council’s licensing application.

There was none.

These were approved as a correct record and signed by the Chair.

These were approved as a correct record and signed by the Chair.

The Chair explained the procedure to be followed for the next item of business.

Applicant: Westfield Parish Council, represented by Lesley Close (Parish Clerk)

Responsible Authority: Avon and Somerset Police, represented by Geoff Cannon (Police Licensing Officer)

The parties confirmed that they understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report.

Ms Close stated the case for the applicant and was questioned by Members. She confirmed that the applicant accepted the additional conditions proposed by the Police.

Mr Cannon stated the case for the Police and was questioned by Members. He confirmed that the applicant had accepted the additional conditions proposed by the Police.

Decision and reasons

Members have determined an application for a new Premises Licence for the Westhill Recreation Ground, West Hill Road, Westfield, BA3 3TE. In doing so, they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy, Human Rights Act 1998 and case law.

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives based on information put before them. Members noted that an application must be considered on its own merits.

The Applicant

Lesley Close as Parish Clerk on behalf of the applicant indicated that the premises licence is sought in relation to a Fun Day which is due to take place on one Sunday in the year from 1200 to 1600 hours. The licensable activities sought related to regulated entertainment in the form of live music, recorded music, performance of dance and anything of a similar description to those, to take place outdoors only. Ms Close confirmed verbally before members that the applicant was in agreement with the conditions proposed by the Police which they had found helpful and in relation to which, arrangements had already been made.

Interested Parties/Other Persons

There were no representations received from interested parties.

Responsible Authorities

The Police Licensing Officer Geoff Cannon, had made a representation that the applicant’s proposals were likely to undermine all four licensing objectives and proposed conditions to mitigate those concerns which were at Annex C to the report to the Committee. Mr Cannon confirmed those representations orally before the committee.

Members

Members noted that the Licensing Act 2003 is a permissive regime that is intended to minimise the regulatory burden.

Members noted that there had been no representations from Other Persons but that there had been a representation from the Police as a Responsible Authority.

Members carefully considered the representations made by the Police that all four licensing objectives may be undermined by the proposed application and had regard to the proposed conditions to mitigate any potential impacts. Whilst the applicant had agreed to the conditions proposed by the police, Members were mindful that it was for them to decide ultimately, if a condition was appropriate and proportionate in the promotion of the licensing objectives.

In all the circumstances Members found the application to be reasonable however, they  ...  view the full minutes text for item 91.