BABERGH DISTRICT COUNCIL
LICENSING SUB-COMMITTEE
MINUTES OF A MEETING OF THE LICENSING SUB-COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON TUESDAY 14 JULY 2009
PRESENT: Mr B L Lazenby - Chairman
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Mr J R B Cave
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Mr G S White
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Also in attendance at the meeting to make representations were:-
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Mr L Carvell |
(Licensing Section) |
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Inspector P Crick |
(Suffolk Constabulary) |
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Mr D Smith |
(Applicant) |
None declared.
The Chairman of the Sub-Committee referred to the procedure to be followed at the Hearing, a copy of which had been circulated with the Agenda. It was agreed with the consent of all parties that the hearing would consider the two Objection Notices concurrently.
The Head of Natural and Built Environment submitted reports (Paper J58 and J59) requesting the Sub-Committee to consider Objection Notices given by the relevant Chief Officer of Police under Section 104 of the Licensing Act 2003 in respect of two Temporary Event Notices (TEN) for Vita Nightclub Sudbury. In presenting the reports, Mr Carvell pointed out that the TEN applications were identical in all respects other than the dates required. Members were aware that the Chief Officer of Police can object where he is satisfied that allowing premises to be used in accordance with a TEN would undermine the Crime and Disorder Licensing Objective. No other responsible authority or interested party can object to a TEN. The Chairman confirmed that the Police Objections had not been withdrawn and the hearing was therefore still required.
Following a question to clarify the period by which the TENs would exceed the permitted hours of the Premises Licence, Inspector Crick presented the case for the Police Objection Notices, including reference to the numbers of incidents involving charge/arrest (35) and other calls (24) which had been linked to the Vita Nightclub in the previous twelve months. He also gave examples of specific occurrences and emphasised his concerns relating to the location of the premises in Sudbury where some 50% of anti-social behaviour is associated with its night-time economy and which has seen an increase of 20% in serious assaults in the last year. Inspector Crick then responded to questions from the Solicitor to the Council and comments made by Mr Smith.
Mr Smith made an opening address to the meeting in support of the applications. He explained that his main aim in applying for the hours stated in the TENs was to give him and his staff an extended period over which to manage the dispersal of persons leaving the Club and thus assist in furthering the Crime Prevention objective, and that he was not necessarily intending to serve alcohol until 4am on both occasions. He then responded to questions from Members in an attempt to clarify their concerns relating to the hours proposed and the way in which his suggested programme might enable dispersal to be managed more effectively than under the premises licence.
Inspector Crick responded to some of the points made by Mr Smith and confirmed that Vita Nightclub did not have a particularly high level of crime in relation to other premises operating in the night time economy of Sudbury. However, he did not accept that the extended period would improve the dispersal situation or address the Police concerns in relation to the proposed TENs resulting in the Crime Prevention objective being undermined.
All parties were then requested to provide closing comments to the meeting, following which all parties withdrew to enable the Sub-Committee to deliberate the applications.
The relevant parties were then invited back into the meeting and the Council’s decision was notified as follows.
The Chairman stated that although Sudbury is a small market town, it has a night-time economy greater and more vibrant than its size would usually warrant. This has led to a higher than average level of crime and disorder in the town particularly in the early hours of the morning. A further one hour of licensable activities would in the opinion of the Sub-Committee be likely to add to the level of crime and disorder to the detriment of the town and its residents.
The Sub-Committee makes this decision having considered the evidence submitted by the Police of actual crime and disorder incidents having occurred at, or linked to, the Vita Nightclub premises.
RESOLVED
That the Sub-Committee’s view is that any increase in opening hours at the Vita Nightclub, East Street Sudbury will add to the level of crime and disorder to the detriment of the town and its citizens and therefore counter-notices under Section 105 of the Licensing Act 2003 be issued to the premises user as the Sub-Committee is satisfied that this is necessary and proportionate in order to promote the crime prevention objective.
The business of the meeting was concluded at 10.25 a.m.
Chairman
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