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AGENDA ITEM NO Powered By Docstoc
					                                               AGENDA ITEM NO.


Report to:   Licensing Committee – 6th November, 2003

From:        Corporate Services Director

             - THE NAGS HEAD, NUNEATON

             REQUIRED HOURS ARE:
             MONDAY – SATURDAY – 8.30 p.m. – 12.00 p.m.
             SUNDAY           – 3.00 p.m. - 10.30 p.m.

Portfolio:   Central Services

1.   Purpose of Report

     To report on an application for a renewal and variation of a public
     entertainment licence in respect of the Nags Head, Nuneaton.

2.   Recommendation

     The Committee determine the application.

Financial Implications             - None
Human Resources Implications       - None
Equal Opportunities Implications - None
Environmental Implications         - Whole report
Ward Relevance                     - Abbey
Background Papers                  - 380/2/8
Author/File Reference              - MHB
Contact Officer                    - Mark Brymer, Tel. 7637 6222
Corporate Plan Ref. - Statement of Purpose - "...... to make Nuneaton
                       and Bedworth a safe clean and healthy place to
                       live, work and visit."
3.    Background

3.1   An application has been received from Mr. Julian Harkins, for a
      renewal and variation of the public entertainment’s licence in
      respect of premises known as The Nags Head, Nuneaton.

3.2   The application is for the following hours:

      Monday – Saturday - 8.30pm – 12 midnight
      Sunday            - 3.00pm – 10.30pm

3.3   In accordance with the Council's prescribed procedure, the
      applicant advertised his intention to make the application and
      subsequently the Council sent consultation letters to local residents.

3.4   As a result of the advertisement and consultation, 8 letters of
      objection were received from local residents who raised concerns
      on the grounds of disturbed peace and disturbed sleep due to loud
      music and customers leaving the premises.

3.5   Copies of the objections were forwarded to the applicant.

3.6   The applicant has indicated that plans for alterations to the Nags
      Head (including some sound proofing measures) and has
      discussed these with some of the objectors and listened to their
      concerns, but this has not resulted in withdrawal of any objections.

3.7   There are no objections to the granting of a licence from the Police
      or Fire Officer and the Environmental Health Manager has no
      objection provided adequate noise control measures are in place.

4.    Procedure at the hearing

4.1   Introduction

      The Chair will open proceedings, introduce those present and
      check that all persons involved understand the procedure and what
      the application is for. It is expected that the objector’s case will be
      put first.

4.2   The Objector’s Case

      Each objector will, in turn, be invited to make a brief statement to
      explain and/or expand on his/her written objection and may call
      witnesses to support the objection.
      The applicant or his/her representative will then be given the
      opportunity to ask questions of the objector and any witnesses.

      Members of the Committee will ask any questions they have of the
      objector and any witnesses.

      The objector may ask any questions of witnesses and then sum up
      his/her objection.

4.3   The Applicant’s Case

      The applicant will be given the opportunity to make representations
      to the Committee and to call any witnesses he/she wishes to
      support the application.

      The objector(s) may then ask questions of the applicant and any

      Members of the Committee will ask any questions they have of the
      applicant and any witnesses.

      The applicant may ask any questions of witnesses and then sum up
      his/her case.

4.4   Closing Statements

      Each objector will be given the opportunity to make a closing
      statement and this may be followed by a closing statement from the

5.    Making the Decision

5.1   The Committee may wish to take and consider legal advice, in
      private. If so, they will pass a resolution in accordance with section
      100A(4) of the Local Government Act 1972 to exclude the press
      and the public.

5.2   On the passing of such a resolution, the press and the public
      (including the objector(s) and the applicant) will leave the room
      temporarily. When the Committee have concluded their
      deliberations, the press and the public will be invited back into the
      room for the decision to be taken. If any reasons for the decisions
      are given they will be stated in the public session.


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