Agenda and minutes
Venue: Virtual WEBEX video conference via the Council’s YouTube Channel: www.youtube.com/user/cheltenhamborough. View directions
Contact: Claire Morris, Democratic Services 01242 264130
Election of Chair
Councillor Whyborn was nominated as Chair of the meeting by Councillor Collins, seconded by Councillor Wheeler. He informed those present that the meeting would be streamed on YouTube and recorded for training purposes, and if there were any breaks in transmission, the meeting would adjourn while any technical issues were sorted out. He reminded Members that they needed to be present for the whole of the debate in order to vote, and advised the public that the fact that all three Members of the Committee belong to the same political party was of no relevance, as Licensing is a quasi judicial function, and party political considerations are set aside in determining applications.
He welcomed the applicant and members of the public (as listed), and explained how the meeting would be conducted:
There were none.
Louis Krog (Head of Licensing) joined the meeting after the lunchtime adjournment.
Declarations of interest
There were none.
Report of the Senior Licensing Officer
The Senior Licensing Officer introduced the application, reminding those present that it must be determined against four statutory licensing objectives:
- the prevention of crime and disorder
- public safety
- the prevention of public nuisance
- the protection of children from harm
He highlighted the key issues and considerations, as set out in the report, and confirmed that 219 objections have been received from members of the public, but none from the responsible authorities (police and environmental health officers). While acknowledging the concerns of neighbours, he reminded those present that the local authority is bound by legislation and case law and must act accordingly – if it does not, it is open to appeal and potential costs. It is the authority’s statutory duty to give full and clear reasons for its decision, in order to inform the public, help the aggrieved party to know why the decision was made, and inform the Magistrates Court in the event of an appeal.
Every case must be decided on its own merits, and the licensing sub-committee will either:
- grant the application with mandatory conditions
- grant the application with mandatory conditions and amended with conditions as it sees fit, which are appropriate, precise and enforceable
- refuse the application as appropriate to promote the licensing objectives
The aggrieved party may appeal to the Magistrates Court within 21 days of the written notification of the decision.
Member questions to Senior Licensing Officer
In response to questions from Members, the Senior Licensing Officer confirmed that:
- the police and environmental health officers were given the opportunity to raise any concerns about anti-social behaviour in the area or about the application in general, but did not;
- the Licensing team is unaware of any connection between the current applicant and the previous management of the previously licensed premises;
- the application does not include any specific information about the smoking area and how it will be managed.
The applicant did not have any questions for the Senior Licensing Officer
The applicant set out his case, as attached.
Member questions to applicant
Members thanked the applicant for making a thorough and comprehensive case, and for his flexible approach in addressing potential objections and issues that may arise.
In response to Members’ questions, the applicant confirmed that:
- although the name ‘Chemistry’ appears on some of the floor plans, his client has leased the premises from the freeholder and has no connection with the previous occupants;
- the licensing application currently under discussion is for the basement only; he is unaware of any plans for the rest of the building;
- regarding parking, the same rules will apply to clients as to everyone else; if security staff see club-users parking illegally, they will ask them to move to the nearest car park;
- smokers will be accommodated on the pavement to the side of the building, and security staff will manage the situation and any resulting litter;
- litter will be picked ... view the full minutes text for item 4.
Any other items the Chairman determines to be urgent and which requires a decision
There were none.