Grant of Late Hours Catering Licence - LH149
Perth and Kinross Council · 4 November 2024
Back to Licensing Committee — 4 November 2024 and its agenda
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PERTH AND KINROSS COUNCIL – LICENSING COMMITTEE 4 NOVEMBER 2024 REPORT BY STRATEGIC LEAD - LEGAL AND GOVERNANCE TYPE OF APPLICATION Grant of a Late Hours Catering Licence APPLICANT ZD & A HOMEWARE LIMITED T/A The Shop, 188 South Street, Perth, PH2 8NY PREMISES (if applicable) The Shop, 188 South Street, Perth, PH2 8NY THE APPLICATION The applicant has applied for a new 3 year late hours catering licence with proposed operating times of: Sunday to Wednesday 12pm - 11pm Thursday 12pm - 12am Friday and Saturday 12pm to 3am The proposed operating times for Friday and Saturday is out with current policy. The current policy is 11pm until 1am. RELEVANT LICENSING POLICIES N/A LEGAL POSITION The Civic Government (Scotland) Act 1982 provides that a licensing authority must grant the application unless one of the grounds of refusal exists. If, in the opinion of the Committee, a ground of refusal exists then the application must be refused. Any decision to refuse a late hours catering licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- (a) the applicant or, where the applicant is not a natural person, any director of it or partner in it or any other person responsible for its management, is either - (i) for the time being disqualified from holding a licence, after a conviction for a licensing offence, or (ii) the applicant is not a fit and proper person to be the holder of the licence; (b) the activity to which the licence relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application himself; (c) where the licence applied for relates to an activity consisting of or including the use of premises or a vehicle or
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vessel, those premises are not or, as the case may be, that vehicle or vessel is not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises or the character or condition of the vehicle or vessel; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises, vehicle or vessel; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (d) there is other good reason for refusing the application; and otherwise shall grant the application. In deciding whether or not to grant or renew a Licence, the Council will consider each Application on its own merits and will take into account the following: any objections or representations any other relevant considerations OPTIONS The Committee need to consider whether the representation received relates to the activity of a later hours catering licence. The options open to the Committee are therefore to: grant the application; grant the application for a shorter period of time; defer the application (9 month decision date 26/05/2025) or refuse the application. PROCEDURE Identify parties. Consider any preliminary issues Police speak to their objection Committee asks any questions to the Police Applicant makes submission Committee asks any questions of the applicant Objectors sum up. Applicant sums up Committee makes decision