Agenda and draft minutes

Proposal that a Member of the Sub-Committee be elected Chairman.

It was moved by Councillor Susan Hobson, seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That Councillor Mark Wakeman be elected as Chair of the Sub-Committee.

The Chair declared the motion CARRIED.

Members are required to declare the existence and nature of any interests they may have in subsequent agenda items in accordance with the District Council’s Code of Conduct. Those interests are matters that relate to money or that which can be valued in money, affecting the Member, her/his partner, extended family and close friends. Interests that become apparent at a later stage in the proceedings may be declared at the time.

Councillor Susan Hobson informed the Hearing that she had previously been employed as a Police Officer.

This report informs the Committee of an application received for a Review of a Premises Licence.  The application is made under section 51 of the Licensing Act 2003, by the Chief Officer of Police for Derbyshire, for a Review of the Premises Licence held by Luke Jonathan Taylor in respect of Bulan (Bar and Nightclub) located at 119 Dale Road, Matlock, Derbyshire, DE4 3LU.

The application seeks a reduction in the hours of operation for the premises and modification to the schedule of conditions attached to the current premises licence – Licence Number DDPLN/1715.  The applicant considers that one or more of the licensing objectives are being undermined as a result of the way in which the premises is currently being operated.

The Sub-Committee is asked to consider the application and the representations received during the 28-day advertisement period.  Representations have been received both in support of the Chief Officer of Police’s application, and others in support of the Premises Licence Holder.

It was reported that, in accordance with the Council’s Licensing Procedures, an application had been received for a Review of a Premises Licence made under section 51 of the Licensing Act 2003, by the Chief Officer of Police for Derbyshire.

The Chair invited the participants to introduce themselves, asked whether any party wished the Sub-Committee to consider the application in private and confirmed that the Sub-Committee was quorate.

The Licensing Manager gave an outline of the application.

The Sub-Committee and the other parties were afforded an opportunity to request clarification of the Licensing Manager’s report.

The party which raised the review then presented their case to the committee. The Sub-Committee heard representations from PC Lora Holdgate and Mr Adam Keenaghan.

The Sub-Committee was given opportunity to question the party which raised the review.

All parties were then afforded an opportunity to request clarification of any points.

The Sub-Committee then heard representations from Ms Amanda Goodwill on behalf of the Environmental Health Service, Councillor Sue Burfoot, Councillor Steve Wain and Mr Richard Plant.

All parties were afforded an opportunity to request clarification of any points.

Mr Darrell Butterworth, the Licensee’s expert witness, presented his report and associated recommendations to the Sub-Committee.

The Sub-committee were afforded an opportunity to question Mr Butterworth and all Parties present were given the opportunity to request clarification on any points raised.

Mr Chris Grunert, the Licensee’s solicitor, then presented their case on behalf of Mr Luke Taylor, the Licensee.

The Hearing adjourned at 13:10 for lunch, the Hearing reconvened at 13:40.

The Sub-Committee had an opportunity to question the Licensee and their solicitor.

All Parties were afforded an opportunity to request clarification of any points.

The Licensing Manager, the Licensee and their representatives, and the party that submitted the application for a review were then all offered the opportunity to summarise their respective cases to the Sub-Committee.

The Sub-Committee members then confirmed that they had sufficient information to make a decision and withdrew into private session to discuss their findings.

The Sub-Committee resumed in public session.

It was moved by Councillor Susan Hobson, seconded by Councillor Peter Dobbs and

RESOLVED (unanimously)

That having considered all the evidence put before it, the Sub-Committee determined that the Licence should be amended to incorporate the following:

1.    That the amendments, as recommended by the Chief Officer of Police for Derbyshire and included at Appendix 2, Item 5A to the report, be incorporated into the Premises Licence of Bulan (Bar and Nightclub) in order to safeguard the promotion of the following three licensing objectives: the prevention of crime and disorder; public safety; and the prevention of public nuisance.

2.    That the Premises Licence Holder be required to complete the actions recommended by Derbyshire Fire and Rescue Service as included at Appendix 3 to the report in order to safeguard the promotion of public safety as a licensing objective.

3.    That the amendments, as recommended by the Environmental Health Service and included at Appendix 3 to the report, be incorporated into the Premises Licence of Bulan (Bar and Nightclub) in order to safeguard the promotion of the following three licensing objectives: the prevention of crime and disorder; public safety; and the prevention of public nuisance.

4.    That the recommended conditions arising from the review completed by Mr D J Butterworth, with the exemption of condition (a), due to contradiction of the recommendations of the Chief Officer of Police, as included at page 25 of the report submitted on behalf of the Premises Licence Holder be incorporated into the Premises Licence of Bulan (Bar and Nightclub) in order to safeguard the promotion of the following three licensing objectives: the prevention of crime and disorder; public safety; and the prevention of public nuisance.

The Chairman declared the motion CARRIED.

Reason for Decision

The reasons for the decision are contained within the associated decision notice.