Decision

 
Premises:                                          
KFC, 26-29 High Street, Tewkesbury, Gloucestershire,                                               
           
GL20 5AT
 
Applicant:                                          
NNA Limited
 
Application for a premises licence under the
Licensing Act 2003.
 
Present:                                              
Councillors H C McLain (Chair), R J G Smith and                                                                    
R J E Vines.
 
Representatives of
applicant:            
Area Manager for the premises.
                                                           
General Manager for the premises.
                                                           
Solicitor for the applicant.
 
Responsible Authorities:                    
None
 
Other Persons addressing the          
Representative from Tewkesbury Town Council
Sub-Committee:                                 
 
 
SUMMARY OF
REPRESENTATIONS
 

No representations were received
from the Responsible Authorities in relation to the
application.

One representation had been received
from ‘other persons’ in relation to the application
objecting to the proposal.

 
 
THE APPLICATION
 
Relevant licensable activities and hours
applied for:
 

The provision of late night refreshment

Every day

23:00 to 01:00

 
 
 
 
DECISION
 
Having considered the application; the
evidence provided; the representations made by all parties,
including those made at the hearing; the provisions of the
Licensing Act 2003; the obligation to promote the four licencing
objectives; the relevant sections of the Council’s Statement
of Licensing Policy; and the Statutory Guidance, it was resolved
that the premises licence be GRANTED in accordance
with the application set out, subject to an amendment to the litter
condition as agreed in the hearing.
 
AMENDED CONDITION
AGREED AT THE HEARING
 

1.    
Litter collections will take place outside of the store within a
reasonable vicinity on the following occasions:
 
·      
Within the first two hours of opening
·      
Between 1200 hours (midday) and 1400 hours
·      
Within the last two hours of closing
 
           
These collections will be recorded on a document which can be shown
if ever         requested.
 
REASON
 
The Licensing Sub-Committee considered that it
must carry out its functions with a view to promoting the four
licensing objectives, as set out in Section 4(2) of the Licensing
Act 2003. The Panel could not take into account
representations which did not relate to one or more of those
licensing objectives, and acknowledged that any representations
which were received must be relevant and evidenced-based.

 
CONSIDERATION
 
In its consideration of the application, the
Licensing Sub-Committee took into account that no Responsible
Authorities had objected to the application and they were
considered the experts in this area. 
 
APPEAL
 
All parties were reminded of their rights of
appeal against the Licensing Authority’s decision pursuant to
Section 181 of and Schedule 5 to the Licensing Act 2003. Any appeal
must be made to the Magistrates’ Court and commenced within
21 days of notification of the authority’s decision.
 
REVIEW
 
All parties were reminded of the procedures
contained within the Licensing Act 2003 relating to the potential
review of a premises licence. This provision allows the public,
businesses or Responsible Authorities to apply for a review of a
premises licence where problems arise in relation to the licensing
objectives: crime and disorder, risks to public safety, public
nuisance or failure to protect children from harm.
 
The Licensing Authority
respectfully reminded all parties that for any review to be
successful in restricting a licence, evidence would need to be
collected of incidents occurring that demonstrated that the
licensing objectives were not being adequately promoted. The
Council’s Environmental Health Service could be contacted out
of hours to report complaints of excessive noise nuisance and
or/light pollution.