Licensing Sub-Committee

6 June 2023

Temporary Event Notice – Bridport Youth and Community Centre

For Decision

Portfolio Holder: Cllr L Beddow, Culture and Communities

Local Councillor(s): Cllrs Bolwell, Clayton and Williams

Executive Director:	J Sellgren, Executive Director of Place

Report Author: Kathryn Miller

Job Title: Senior Licensing Officer

Tel: 01305 252214

Email: kathryn.miller@dorsetcouncil.gov.uk

Report Status: Public

Brief Summary: A Temporary Event Notice has been served on the Council for a music event to raise money for the youth club and community centre. The Notice has been considered by the Police and Environmental Protection. The Police have served an Objection Notice. A Licensing Sub-Committee must consider the Notice and the Objection Notice at a public hearing.

Recommendation: The Sub-Committee considers the Temporary Event Notice in the light of the Objection Notice made by Dorset Police and any oral evidence and resolves to take such steps as it considers appropriate and proportionate for the promotion of the licensing objectives of;

The prevention of crime and disorder

The prevention of public nuisance

Public safety

The protection of children from harm

The steps that the Sub-Committee may take are:

Issue counter notices for the event which will not allow it to occur.

Not to issue counter notice and allow the event as applied for.

Reason for Recommendation: The Sub-Committee must consider the oral representations and information given at the hearing before reaching a decision.

Background

1.1	Section 4 of the Licensing Act 2003 sets out the duties of the Licensing Authority, it sets out that a Council’s licensing functions must be carried out with a view to promoting the four licensing objectives of:

(a) the prevention of crime and disorder;
(b) public safety;
(c) the prevention of public nuisance; and
(d) the protection of children from harm.

1.2	All applicants and decision are made with due regard to the Licensing
Act 2003 (the Act), the Revised Guidance issued under Section 182 of the Licensing Act 2003 (the Guidance) and the Dorset Council Statement of Licensing Policy (the Policy).

Details of the TEN

A Temporary Event Notice (TEN) has been served on the Licensing Authority by Ms Gemma Thorpe for Bridport Youth and Community Centre, Bridport.

The TEN covers a period from Saturday 15 July, 2200 hour to midnight and then Sunday 16 July, midnight to 0300 hours. The Notice which is for a music event raising money for the youth club and community centre. The Notice covers the sale of alcohol on the premises, regulated entertainment and the provision of late night refreshment and is for 400 attendees. Although the box “are you giving a late temporary event notice” is ticked, the TEN is not a late temporary event notice. The TEN is attached at Appendix 1.

The Objection Notice has been correctly served by the Police within the statutory three working days consultation period. The Objection Notice is attached at Appendix 2.

Considerations

Paragraph 7.28 of the Section 182 Guidance sets how the Authority should decide what actions are appropriate.

If the licensing authority receives an objection notice from the police or EHA that is not withdrawn, it must (in the case of a standard TEN only) hold a hearing to consider the objection unless all parties agree that this is unnecessary. The licensing committee may decide to allow the licensable activities to go ahead as stated in the notice. If the notice is in connection with licensable activities at licensed premises, the licensing authority may also impose one or more of the existing licence conditions on the TEN (insofar as such conditions are not inconsistent with the event) if it considers that this is appropriate for the promotion of the licensing objectives. If the authority decides to impose conditions, it must give notice to the premises user which includes a statement of conditions (a “notice (statement of conditions)”) and provide a copy to each relevant party. Alternatively, it can decide that the event would undermine the licensing objectives and should not take place. In this case, the licensing authority must give a counter notice.

3.2. The steps that the Sub-Committee may take are:

Issue a counter notice for the event which will not allow it to occur.

Not to issue a counter notice and allow the event as applied for.

Financial Implications

An applicant has the right to appeal the decision of the Licensing Sub Committee to the Magistrate’s Court if the decision is to refuse the application.

Natural Environment, Climate & Ecology Implications

None.

Well-being and Health Implications

None.

Other Implications

None.

Risk Assessment

HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk: Medium

Residual Risk: Medium

Equalities Impact Assessment

Not applicable

Appendices

Appendix 1 – Temporary Event Notice

Appendix 2 – Objection Notice

Background Papers

Licensing Act 2003

Home Office Guidance issued under Section 182 of the Licensing Act 2003

Dorset Council Statement of Licensing Policy 2021