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Agenda, decisions and minutes

Venue: Council Chamber

Contact: Democratic Services Tel: 01684 272021  Email:  democraticservices@tewkesbury.gov.uk

Items
No. Item

1.

Election of Chair

To elect a Chair for the ensuing meeting  

Minutes:

1.1             It was proposed, seconded and

RESOLVED          That Councillor R E Garnham be appointed as Chair for the meeting. 

2.

Announcements

When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so.

 

In the event of a fire any person with a disability should be assisted in leaving the building.

Minutes:

2.1             The evacuation procedure, as noted on the Agenda, was advised to those present. 

3.

Declarations of Interest

Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to which the approved Code applies.

Minutes:

3.1             The Committee’s attention was drawn to the Tewkesbury Borough Council Code of Conduct which was adopted by the Council on 26 June 2012 and took effect from 1 July 2012. 

3.2             There were no declarations made on this occasion.

4.

Application for a Premises Licence - Witcombe Cider Festival, Painswick Road, Brockworth pdf icon PDF 101 KB

To determine an application for a premises licence for Witcombe Cider Festival, Painswick Road, Brockworth.

Additional documents:

Decision:

Premises:                                           Witcombe Cider Festival, Part Parcel 6568, Painswick Road, Brockworth. 

Applicant:                                          Joseph Pointon.

Application for a premises licence.

Present:                                               Councillors Mrs G F Blackwell, Mrs J Greening and                                  R E Garnham (Chair).

Representatives of the Applicant:       Andrew Cook – Independent Licensing Consultant for Easy Licensing.

                                                            Thinus Delport - Rugby for Heroes.

                                                            John Dix – John Dix Transport.

                                                            Alan Lamb - Rugby for Heroes.

                                                            Jeremy Phillips - Licensing Barrister.

                                                            Joseph Pointon – Applicant.

                                                            Dewi Scourfield – Health and Safety Adviser.

                                                            Darren Simms –Simms Security Solutions.  

Responsible Authorities:                     Michael Griffiths – Head of Legal Services at Gloucestershire Constabulary.

                                                            Yvonne Hope – Interim Environmental Health Manager at Tewkesbury Borough Council.

                                                            David McFarlane – Head of Crime Prevention and Licensing at Gloucestershire Constabulary.

                                                            Emma McMillan – Licensing Unit, Harm Reduction Department at Gloucestershire Constabulary.

                                                            Clare Morgan – Community Neighbourhood Policing Sergeant for Gloucestershire Constabulary.

Other Parties Addressing the              Mr Jim Hunt – Chair of Brockworth Parish Council and

Sub-Committee:                                 resident of Shurdington Road.

                                                            Four residents of Abbotswood Road.

                                                            Three residents of Painswick Road.  

SUMMARY OF REPRESENTATIONS

1.         Three responsible authorities had made representations in relation to the application: Gloucestershire Constabulary, Tewkesbury Borough Council’s Environmental Health Department and Gloucestershire Fire and Rescue Service.

2.         Gloucestershire Fire and Rescue Service subsequently agreed four conditions with the applicant for inclusion within the Operating Schedule.

3.         34 valid representations had been received from members of the public: 13 representations in support of the application and 21 representations in objection to the application.

THE APPLICATION

Relevant licensable activities and hours applied for:

Live music or similar activity

Friday

17:00 to 00:00

Saturday, Sunday and Monday

10:00 to 00:00

Recorded music or similar activity

Friday

17:00 to 00:00

Saturday, Sunday and Monday

10:00 to 00:00

Performance of dance or similar activity

Friday

17:00 to 00:00

Saturday, Sunday and Monday

10:00 to 00:00

Late night refreshment

Friday, Saturday, Sunday and Monday

23:00 to 00:00

Supply of alcohol

Friday

17:00 to 00:00

Saturday, Sunday and Monday

10:00 to 00:00

Hours premises open to public

Friday

16:00 to 00:30

Saturday, Sunday and Monday

09:00 to 00:30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE APPLICATION BY THE APPLICANT

Live music or similar activity

Friday

17:00 to 00:00

Saturday and Sunday

10:00 to 00:00

Recorded music or similar activity

Friday

17:00 to 00:00

Saturday and Sunday

10:00 to 00:00

Performance of dance or similar activity

Friday

17:00 to 00:00

Saturday and Sunday

10:00 to 00:00

Late night refreshment

Friday, Saturday and Sunday

23:00 to 00:00

Supply of alcohol

Friday

17:00 to 00:00

Saturday and Sunday

10:00 to 00:00

Hours premises open to public

Friday

16:00 to 00:30

Saturday and Sunday

09:00 to 00:30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DECISION

Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the four licencing objectives; the National Guidance; and the Council’s Statement of Licensing Policy, it was resolved that the premises licence be GRANTED in accordance with the application set out, subject to the following amendments and conditions:

AMENDMENTS AND ADDITIONAL CONDITIONS CONSISTENT WITH  ...  view the full decision text for item 4.

Minutes:

4.1             The report of the Licensing and Systems Officer, circulated at Pages No. 1-69, outlined an application for a premises licence in respect of Witcombe Cider Festival, Part Parcel 6568, Painswick Road, Brockworth.  The Licensing Sub-Committee was asked to determine the application, taking such steps, if any, as it considered necessary for the promotion of the licensing objectives.

4.2             The Chair asked all parties present to identify themselves and explained the procedure that would be followed by the Sub-Committee.  He advised that the Sub-Committee had visited the application site on Monday 24 July 2017 in order to familiarise themselves with the area and he clarified that this was purely a fact-finding exercise with no questions or debate and no opinions had been expressed by the Panel Members.  The Licensing and Systems Officer explained that the applicant had applied for a premises licence under Section 17 of the Licensing Act 2003 in respect of Witcombe Cider Festival, Part Parcel 6568, Painswick Road, Brockworth.  The application had been received by the licensing authority on 7 June 2017 and was attached at Appendix 1 to the report.  A plan of the premises was set out at Appendix B to the report with the covering letter at Appendix C. 

4.3             The application had been advertised in accordance with the requirements of the Licensing Act 2003 and during the 28 day consultation period 34 valid representations had been received from members of the public, attached at Appendix E to the report.  In addition, representations had been received from three responsible authorities - Gloucestershire Constabulary, Tewkesbury Borough Council’s Environmental Health department and Gloucestershire Fire and Rescue Service - and these were shown at Appendix D to the report.  Since the publication of the Sub-Committee papers, Gloucestershire Fire and Rescue Service had agreed four conditions with the applicant and subsequently withdrawn its representation, provided that the conditions formed part of the premises licence, if granted: the organiser would ensure that the main access point was no less than 4.5metres wide; the access route for vehicles would be clearly marked by means of posts and tape; the alternative means of escape in the south-west corner of the festival site would remain accessible at all times and be permanently staffed when the festival was open to the public; and the organiser would assess the firmness of all vehicle routes prior to, and during, the festival and would install trackway if necessary.  Additional evidence had been submitted by Gloucestershire Constabulary after the consultation period had ended and therefore this was not part of the report; it was for the Sub-Committee to decide whether to accept that submission.  The premises had a current and valid licence which was shown at Appendix D to the report and it was stressed that any decision made by the Sub-Committee would have no bearing on the current licence. 

4.4             The Sub-Committee was reminded of its obligation to determine the application with a view to promoting the licensing objectives of the prevention of crime and disorder;  ...  view the full minutes text for item 4.