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Local Code of Conduct - Disclosable Pecuniary Interests
In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.
If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.
Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.
No disclosures of interest were declared.
In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following were relevant:
Guildford Borough Council’s Statement of Licensing Policy
· Section 4 – Paragraphs 4.1 to 4.12: (Fundamental Principles)
· Section 10 – Paragraphs 10.1 to 10.7 (Temporary Event Notices)
· Section 12 – The Licensing Objectives – specifically 12.4 – Public Nuisance
Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003
· Paragraphs 2.15 – 2.21 – Public Nuisance
· Paragraphs 7.1 – 7.40 – Hearings
The Sub-Committee received a report from the Licensing Officer that a Temporary Event Notice (TEN) had been received from the premises users of Guildford Harbour Hotel for an outdoor cinema evening starting at 6pm/7pm until 10pm on Thursday 4 July 2019. The event was proposed to take place on the veranda at the rear of the hotel facing out onto Deane Road. Guildford Harbour Hotel had a premises licence, which included the showing of films; however, as this event was outside of the licensable area a TEN was required. The TEN was given on Friday 3 May 2019 and was a valid notice.
The Sub-Committee noted that an objection had been received from the Environmental Health Team owing to the potential for a public nuisance caused by the proposed event. The Sub-Committee was advised that it must, having regard to the objection notice, give a counter notice under Section 105 of the Licensing Act 2003 if it considers it appropriate for the promotion of the licensing objective of the prevention of public nuisance to do so. If a counter notice was given, the event was not authorised to take place. If the Sub-Committee did not consider it appropriate to serve a counter notice under Section 105, it may impose conditions on the notice if it considers appropriate for the promotion of the ‘prevention of public nuisance’ licensing objective to do so. Because there is a premises licence in effect in respect of the premises, any conditions imposed on the temporary event notice are limited to those already imposed on the premises licence. If the Sub-Committee did not consider it appropriate to give a counter notice, the premises user will be entitled to hold the event as stated in the notice, subject to any conditions imposed by the Sub-Committee. If the Sub-Committee decided to give a counter notice, it must give the counter notice and a notice stating the reasons for the decision to the premises user and Environmental Health. The Sub-Committee was advised there was a right to appeal to the Magistrate’s Court for the recipient of a counter notice or for Environmental Health where no counter notice is given, however, no appeal may be brought later than 5 working days before the event period begins.
The Chairman invited the applicant, Mr Steve Lewis, the Regional General Manager, to address the Sub-Committee. He handed the committee a document with more details about the event, ... view the full minutes text for item 10.