Meeting Details

Meeting Summary
Licensing Sub-Committee Hearings
7 Dec 2018 - 10:00 to 00:00
Occurred
  • Documents
  • Attendance
  • Visitors
  • Declarations of Interests

Documents

Agenda

Part A
1 Appointment of Chairman
To appoint a Chairman for the meeting
29
RESOLVED that Councillor Cope be appointed Chairman.
2 Welcome and Announcements
The Chairman will welcome members of the public and Councillors and remind everyone to use microphones at all times when they are speaking. The Chairman will also explain action in the event of an emergency, mobile phones switched to silent, audio-recording of the meeting. Councillors who are members of the committee will introduce themselves.
3 Substitutions
Councillors will be asked to say if they are attending on behalf of a Committee member who is absent.
4 Declarations of Interest
Councillors will be asked to say if there are any items on the agenda about which they have a disclosable pecuniary interest which would prevent them from participating in any discussion of the item or participating in any vote upon the item, or any other pecuniary interest or non-pecuniary interest.
pdf Flowchart (85Kb)
The Licensing Sub-Committee have been asked to determine an application for a new premises licence under the Licensing Act 2003.
30

The Assistant Director, Communities, submitted a report in relation to the following premises-

Coda Live, 63 High Street, Colchester

In Attendance

Mr Clarke, applicant Coda Live Ltd

Mr Ward, applicant Coda Live Ltd

Mrs Tamblyn, Colchester Civic Society - Objector

Ms Booth, Licensing Enforcement Officer

Mrs Gentry, Democratic Services Officer

Mr Weavers, Legal Advisor to the Committee

Mrs White, Licensing Officer

Mrs White outlined the application to which an objection had been lodged by Mrs Tamblyn, on behalf of the Colchester Civic Society. The application sought a licence in the name of Coda Live Ltd, 63 High Street, Colchester.  This was a new premises licence application and there had been no responsible authority representations made to the application. Mrs White also informed the Sub-Committee that the Licensing Authority considered that, based on the information contained within the application, the application was for a non-alcohol led premises which was located in an area thought to be mixed commercial/residential in character but with a slight bias towards Commercial.  The Sub-Committee’s attention was drawn to the relevant areas of the Policy dealing not only with times but also outlining the Council’s wish to see increased diversity in the night time economy to attract a wider range of participants.  Reference was also made to the Section 182 Guidance.

Mr Clarke and Mr Ward gave a brief introduction to the application explaining that a licence was being sought to enable events such as live Jazz and Blues bands and also some comedy nights to be held at the venue.  In response to questions from the Sub-Committee Mr Clarke and Mr Ward informed them that they wanted to bring something new to the town that hadn’t been done before and wasn’t primarily focused on the sale of alcohol. It was for people to just come and enjoy live music in a nice environment. No entrance fee would be charged in general although there may be a charge for a special events night.

Mrs Tamblyn then addressed the Sub-Committee explaining that she was there to represent the Colchester Civic Society and to speak on behalf of its members. Mrs Tamblyn gave further details in relation to her objection which centred on the Council’s current Statement of Licensing Policy.  Mrs Tamblyn considered that the hours offered as guidance in the Policy for new applicants should be strictly adhered to and felt that the new premises primary function was a Pub/Bar in a mixed/commercial area and therefore an application should not be granted beyond 12 midnight.

RESOLVED - to grant the application as follows and subject to the conditions as already agreed in with Environmental Control and those set out in the operating schedule of the application -

Provision of films on the premises – Monday to Sunday from 19.00 to 23.00

Performance of live and recorded music, and provision of late night refreshment –  Sunday to Thursday from 23.00 to 00.00, Friday and Saturday from 23.00 to 01.00

Anything of a similar description – Sunday to Thursday from 19.00 to 00.00, Friday and Saturday from 19.00 to 01.00

Sale of alcohol – Sunday to Thursday from 10.00 to 00.00, Friday and Saturday from 10.00 to 01.00 Subject to the condition that when door supervisors are being used they monitor the smoking area.

Reasons for the determination

The Sub-Committee considered the evidence and submissions of all parties and gave consideration to the Licensing Act 2003, the Section 182 Guidance, and the Licensing Authority’s own Statement of Licensing Policy.   Having regard to the objection raised on behalf of Colchester Civic Society, the Sub-Committee determined to grant the application as applied but to reduce the terminal hour for all licensable activities to 01.00 on Fridays and Saturdays.

The Sub-Committee felt that the new application fell under section 3.14, Non-Alcohol Led within a Commercial Status.

Part B
6 Exclusion of the Public (not Scrutiny or Executive)
In accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public, including the press, from the meeting so that any items containing exempt information (for example confidential personal, financial or legal advice), in Part B of this agenda (printed on yellow paper) can be decided. (Exempt information is defined in Section 100I and Schedule 12A of the Local Government Act 1972).

Attendance

Attended - Other Members
Name
No other member attendance information has been recorded for the meeting.
Apologies
NameReason for Sending ApologySubstituted By
No apology information has been recorded for the meeting.
Absent
NameReason for AbsenceSubstituted By
No absentee information has been recorded for the meeting.

Declarations of Interests

Member NameItem Ref.DetailsNature of DeclarationAction
No declarations of interest have been entered for this meeting.

Visitors

Visitor Information is not yet available for this meeting