Content

 
Decision
After retiring to deliberate,
the Sub-Committee returned and delivered their decision as
below.
The application has been
advertised in accordance with the legislation and any conditions
need to be appropriate, necessary, and proportionate.
Responsible
Authorities
The Sub-Committee noted that
there had been no representations made by the Police and
Environmental Health or any other as Responsible Authorities: that
is organisations and bodies identified as such in the
Act.
 
Consideration
Having considered the
submissions, the Statutory Guidance and the Act, the Sub-Committee
does not consider that this Application will undermine the
licensing objectives. 
The Other Party was not present
before the Sub-Committee and therefore not able to answer questions
or elucidate on matters set out in their written representation.
Accordingly given the above circumstances the Sub-Committee has had
to allocate the appropriate weight to the Other Party’s
representations.
Conclusion
On the evidence before it,
having considered all the circumstances, the Sub-Committee grants
the application for a variation to the Premises Licence as applied
for together with the Conditions that the Applicant has offered up
in section 16 of its application (agenda page 25).
Parties are reminded that there
are rights of appeal against this the Licensing Authority’s
decision pursuant to Section 181 of and Schedule 5 to the Licensing
Act 2003.  An appeal may be made to any
Magistrates’ Court in England and Wales, but it is expected
that an appellant would bring an appeal to a Magistrates’
Court in the area in which they or the Premises are situated. In
this case the Magistrates’ Court sitting at St. John’s
Road, Taunton TA1 4AX.
Any appeal must be commenced
within a period of 21 days beginning with the day on which the
appellant is notified by the Licensing Authority of the decision
which is being appealed i.e. within 21 days beginning with the day
on which this Decision Notice is given to the appellant.
All parties are also reminded
of the procedures contained within the Licensing Act 2003 relating
to review of the Premises licence.  This
provision permits nearby residents, businesses, or responsible
authorities to apply for a review of a Premises licence where
problems with crime and disorder, public safety, public nuisance,
or the protection of children from harm are occurring. The
Sub-Committee respectfully reminds all parties that for any review
to go ahead, evidence would need to be collected of incidents
occurring that undermine the licensing objectives.