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Agenda item
Four temporary event notices with Police objection. Funky Buddha
Minutes:
Mr Bob Brown, Licensing Manger, advised the committee that the applicant would not be attending the hearing.
The Chief Legal Officer advised that, under the Licensing Act 2003 (Hearings) Regulations 2005, the hearing may proceed in the absence of a party, when that party had informed the authority of non-attendance. Councillor Charlesworth proposed that the hearing proceed in the absence of the applicant, which was seconded by Councillor Sinden.
RESOLVED (unanimously) that, in accordance with the Licensing Act 2003, the hearing will proceed in the absence of the applicant.
Councillor Roberts set out the procedure that the sub-committee would adopt (in accordance with standard practice) all parties confirmed they understood this.
Mr Brown presented the report of the Assistant Director Environment and Place; on 29 July 2015 the council had received notification to hold four temporary events at Funky Buddha Nightclub, 20 Robertson Street from Mrs Louise Jeffery under section 100 of the Licensing Act 2003. An additional application for a late temporary event to take place on 9 August 2015 had also been received. However, as the application was made only 7 working days before the event, and had received a police objection, the notice failed automatically.
Mr Brown advised that the premise does not currently hold a premises licence under the Licensing Act 2003. The previous licence holder, Parkers Brasserie Ltd, had been dissolved on 19 May 2015, and the licence had lapsed on 16 June 2015.
A copy of correspondence from the applicant’s solicitor was circulated to the committee for its consideration. The applicant’s solicitor put forward a series of undertakings which could be applied to the temporary event notice. However, it was considered that as there was no current licence for the premises and the undertakings had not been signed by the applicant, it was unlikely that these could be enforced by the Police or Licensing Authority.
Sergeant Vokins presented an objection on behalf of the Sussex Police. He explained that since the previous premises licence had lapsed, the operators had continued to carry out licensable activity at Funky Buddha. The Police had visited the premises on 22 and 23 July 2015, and confirmed that it was still operating. During their visit on 23 July 2015, the Police had found that the premises CCTV system had not been operational for the past seven days.
Sergeant Vokins supported earlier comments that the undertakings offered by the applicant’s solicitor would not be enforceable. He commented that the premises were located in Hastings town centre, where a Special Saturation Policy (Cumulative Impact) was in force, which demonstrated Police concern at the high density of license premises in this area and the potential impact on crime and disorder. The timing of the events would also coincide with what was already a peak time for anti-social behaviour.
Sergeant Vokins stated that Mrs Jean Irving, the Head of Licensing and Public safety, had been misquoted in an earlier letter from the applicant’s solicitor, where it had been stated that she had discussed possible undertakings with the applicant. Instead, she had referred them to Mr Tony Masters, Licensing Officer at Sussex Police.
Members asked questions of Sergeant Vokins and Mr Brown.
RESOLVED (unanimously) that the application for Temporary Event Notices be refused
The reason for this decision was:
The Committee heard that the applicants have been running the premises without a licence for some time. The police witnessed this on 22 and 23 July. Whilst the applicants have offered undertakings these are not enforceable if breached. This undermines the Licensing Objectives.
The Committee have had regard to the guidance issued by the Secretary of State and its own policy.
Supporting documents:
- Four temporary event notices with Police objection. Funky Buddha, item 21. PDF 111 KB
- Appendix A - Copies of TENs, item 21. PDF 1 MB
- Appendix B - Map of venue, item 21. PDF 123 KB
- Appendix C - Companies House record, item 21. PDF 47 KB
- Appendix D - Police objection, item 21. PDF 142 KB
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