Cheltenham Borough Council
Cheltenham Borough Council

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Agenda and draft minutes

Venue: Pittville Room - Municipal Offices. View directions

Contact: Sophie McGough, Democracy Officer 

Items
No. Item

1.

Apologies

Minutes:

Councillor Simon Wheeler.

Councillor Angie Boyes acted as substitute

2.

Declarations of Interest

Minutes:

None.

3.

Minutes of the Previous Meeting pdf icon PDF 407 KB

Minutes:

The minutes of the meeting held on 3 July 2019 were approved and signed as a correct record.

4.

Application for renewal of Sexual Entertainment Venue Licence (19/02708/SEXR) pdf icon PDF 400 KB

Report of the Licensing Team Leader

Additional documents:

Minutes:

The Chair reminded the meeting that this was a quasi-judicial committee and Members would take evidence to the standard of the balance of probabilities. He then reminded Members that the rationale for their decision and any conditions agreed should be reasonable and proportionate. He also reminded Members that the objectors registered to speak tonight were there to clarify their objections and Members would have the opportunity to ask questions of clarification.

 

Officer introduction

The Licensing Team Leader introduced the application as set out in the report from Red Apple Associates Ltd for the renewal of the annual sexual entertainment venue (SEV) licence in respect of the premises knows as Two Pigs, located at Church Street, Cheltenham. Paragraph 1.2 of the report outlined the dates and times and informed Members that the existing SEV licence was due to expire on 10 January 2020. A copy of the application form was attached at Appendix A, a copy of the premises layout attached at Appendix B, the location map attached at Appendix C and the wider plan of the central shopping area at Appendix D. A copy of the existing licence was attached at Appendix E along with the conditions applicable to the licence.

 

The Licensing Team Leader informed the Members that in determining the application Members must have due regard to any observations made by the Chief Officer of the Police and any other comments received. He informed them that no comments or objections had been received from the police but there had been 14 objections, including 178 signatories to a petition.

 

He then drew Members’ attention to paragraphs 5.4 and 5.5 of the report with regard to mandatory and discretionary grounds for refusal.

 

The Licensing Team Leader then explained that when determining an application for a SEV licence, the sub-committee must have regard to the relevant statutory provisions, the council’s adopted policy referenced in the report, the relevant guidance issued by the Home Office and any objections or comments made by the Chief of Police and other persons.

 

The Licensing Team Leader then addressed some of the issues raised in the objections and highlighted to Members that they must be mindful of the council’s Public Sector Equality Duty when discharging its licensing function and each application should be considered on its own merit. If Members were minded to deviate from the council policy to permit SEVs they should be clear on reasons. The Committee, once it had considered all the relevant matters, must decide whether to: a) Grant the application as applied for; b) Grant the application subject to any additional terms, conditions and/or restrictions that are either specific to the licence or standard conditions; or c) refuse the application.

 

Questions to the Licensing Team Leader

In response to Members’ questions, the Licensing Team Leader confirmed that :

·           No comments had been received from the Police with regard to this application

·           During race week the Two Pigs, as a SEV venue, was inspected 1-2 times a day, both announced and unannounced,  ...  view the full minutes text for item 4.

5.

Any Other Items the Chairman Determines Urgent and Which Requires a Decision

Minutes:

There were none.