Agenda Document Pack - Licensing Committee - 04/11/2024
Perth and Kinross Council · 4 November 2024
Back to Licensing Committee — 4 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 25/10/2024 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Monday, 04 November 2024 at 13:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Councillor Keith Allan Councillor Hugh Anderson Councillor Bob Brawn Bailie Rhona Brock Councillor Steven Carr Councillor Andy Chan Councillor Michelle Frampton Councillor Ken Harvey Councillor Willie Robertson Councillor Grant Stewart Page 1 of 24
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Licensing Committee Monday, 04 November 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTES 3(i) MINUTE OF MEETING OF LICENSING COMMITTEE OF 19 SEPTEMBER 2024 FOR APPROVAL (copy herewith) 5 - 6 3(ii) MINUTE OF MEETING OF LICENSING COMMITTEE OF 23 SEPTEMBER 2024 FOR APPROVAL (copy herewith) 7 - 8 4 GRANT OF A SHORT-TERM LET LICENCE - NEW OPERATION - CRAIGOWER VIEW, 44 FINLAY TERRACE, PITLOCHRY PH16 5EU Report by Strategic Lead - Legal and Governance (copy herewith 24/265) 9 - 22 5 GRANT OF LATE HOURS CATERING LICENCE - LH149 Report by Strategic Lead - Legal and Governance (copy herewith 24/304) 23 - 24 Page 3 of 24
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Thursday 19 September 2024 at 10.00am. Present: Bailies M Williamson and R Brock, Councillors I MacPherson, H Anderson, B Brawn, M Frampton and G Stewart In Attendance: K Engelberts, M McLaren, A Taylor, S Dockerill and M Pasternak (all Legal & Governance). Apologies for Absence: Councillors K Allan, S Carr, A Chan, K Harvey and W Robertson. Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interests made in terms of the Councillors Code of Conduct. 3. MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 27 AUGUST 2024 FOR APPROVAL The minute of meeting of the Licensing Committee of 27 August 2024 was submitted and approved as a correct record. THE COMMITTEE AGREED TO VARY THE ORDER OF BUSINESS TO TAKE ITEM 5 AT THIS POINT. 5. GRANT OF A SHORT-TERM LET LICENCE – NEW OPERATION – CRAIGOWER VIEW, 44 FINLAY TERRACE, PITLOCHRY, PH16 5EU At the request of the Convener the Committee agreed to defer this item until the next meeting of the Committee on 4 November 2024. 4. GRANT OF A SHORT-TERM LET LICENCE – NEW OPERATION – FLAT E, 11 WEST HIGH STREET, CRIEFF PH7 4AU There was submitted a report by Strategic Lead – Legal and Governance (24/264) along with a letter of objection in relation to Flat E 11 West High Street, Crieff, PH7 4AU. Ms Russell, an objector attended the meeting, addressed the Committee and answered Members’ questions. 3(i) Page 5 of 24
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Mr Shakoor, the applicant attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURMENT, THE COMMITTEE RECONVENED Resolved: The application be granted for a period of 1 year, subject to the following additional conditions: (i) The licence holder must provide his contact details to neighbouring occupiers. (ii) The licence holder must ensure guests understand that they should not smoke or consume alcohol in internal shared areas or use these shared areas for socialising. (iii) The licence holder must take reasonable steps to ensure that guests do not first arrive or finally depart from the property between the hours of 11.00pm and 7.00am. The licence holder must advise guests of this as part of their booking terms and conditions. (“Reasonable steps” allows for exceptions, such as significantly delayed transport). (iv) The licence holder must address any complaints from neighbouring occupants, regarding the letting of the short-term let property, within a reasonable timescale. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. P1. RENEWAL OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD1661 There was submitted a report by Strategic Lead – Legal and Governance (24/266) along with a letter dated 18 January 2024 and a subsequent email dated 27 August 2024 from Police Scotland, regarding the renewal of Taxi/Private Hire Car Driver Licence TD1661. The applicant attended the meeting, addressed the Committee and answered Members’ questions. Resolved: The application for renewal of Taxi/Private Hire Car Driver Licence TD1661, be granted for the period of three years. ~~~~ Page 6 of 24
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LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth, on Monday 23 September 2024 at 1.00pm. Present: Bailies M Williamson and R Brock, Councillors K Allen, H Anderson, S Carr, M Frampton, K Harvey, I MacPherson and G Stewart. In Attendance: K Engelberts, M McLaren, D Rankine, A Taylor, A Brown and M Pasternak (all Legal & Governance). Also in Attendance: K Thomson-Craig (Police Scotland) Apologies for Absence: Councillors B Brawn, A Chan and W Robertson. Bailie M Williamson, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interests made in terms of the Councillors Code of Conduct. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. P1 GRANT OF TAXI / PRIVATE HIRE CAR DRIVER LICENCE – TD2347 There was submitted a report by Strategic Lead – Legal and Governance (24/267) along with a letter of representation from Police Scotland dated 15 July 2024 in relation to grant of Taxi/Private Hire Car Driver Licence TD2347. Police Scotland attended the meeting, addressed the Committee and answered Members’ questions. The applicant attended the meeting, addressed the Committee and answered Members’ questions. FOLLOWING A SHORT ADJOURMENT, THE COMMITTEE RECONVENED Resolved: The application for grant of Taxi/Private Hire Car Driver Licence TD2347, be granted for one year. ~~~~ 3(ii) Page 7 of 24
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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 Short-Term Let Licence APPLICANT(S) Stephen Saint Provisional Licence Number: n/a PREMISES (if applicable) Craigower View, 44 Finlay Terrace, Pitlochry, Perth and Kinross, PH16 5EU THE APPLICATION Stephen Saint the sole Applicant, has applied for a three-year short- term let licence as a new host (not operating prior to 1 October 2022). The Application has been validated by Licensing Officers and was sent out for consultation. Police Scotland, Scottish Fire and Rescue Services, and PKC Planning Department have stated they have no objections to this application. The short term let property is a semi-detached house. The Application is for that of a ‘home letting’ short-term let licence. The property has two bedrooms, and the Applicant has applied for a maximum capacity of four guests. The Day-to-Day Manager(s) for this application is Stephen Saint. Two letters of objection have been received with regards to this Application (see attached letters of objection). RELEVANT LICENSING POLICIES The Council’s Short Term Let Policy was approved by the Licensing Committee on 22 September 2022. The Council’s Short-Term Lets Policy focuses on ensuring that an efficient, effective and proportionate licensing scheme is in place, which is customised to the needs and circumstances of the Council’s local area and supports applicants who wish to obtain a short-term let licence. The aims of the licensing scheme are: to ensure all short-term lets are safe; to facilitate licensing authorities in knowing and understanding what is happening in their area; and to assist with handling complaints and address issues faced by neighbours effectively. In assessing an application for a short-term lets licence, the Council will consider: the suitability of the person applying and that of the other people named on the application form (whether they are “fit and proper”); 4 Page 9 of 24
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compliance/ability to comply with mandatory conditions (applicable to all short-term lets across Scotland) (copy attached); compliance/ability to comply with any additional conditions that the Council might attach to the licence (either specific to the accommodation, or specific to short-term lets in Perth and Kinross); and the suitability of the premises in the context of Perth and Kinross Council’s policies. The Council may vary the terms of a licence on any grounds they think fit and can do this at any time. This can be done following an application made to the Council by the licence holder on their own initiative. This could include adding further conditions to the licence. The Council will consult with the statutory consultees and any other parties it considers appropriate. Conditions attached to a Short-term Let Licence Mandatory Conditions Any Licence will be subject to Conditions. Under the 2022 Order, there are certain conditions which the Council must attach to a short-term let licence, irrespective of the type of short-term let granted, whether it is Secondary Letting, Home Letting, Home Sharing or Home Letting and Home Sharing. These are known as “mandatory conditions” and are detailed at Annex A. Please note that the Council has no power to amend these mandatory conditions. All applicants should ensure, prior to applying for a short-term let licence of any type that they are able to comply with the mandatory conditions attached to a licence. Applicants should also note that in term of listing their premises as a licensed short-term let, as required under mandatory condition 14, the listing must include the licence number provided by the Council and the valid energy performance certificate rating) if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008. Page 10 of 24
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LEGAL POSITION The Civic Government (Scotland) Act 1982 provides grounds for refusal of a short-term let licence. Any decision to refuse a short- term let licence must be relevant to one or more the following grounds of refusal as detailed in the Civic Government (Scotland) Act 1982:- 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. The grounds of refusal are:- (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 under section 7(6) of this Act, or (ii) not a fit and proper person to be the holder of the licence; (b) the activity to which it 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 him/herself; (c) where the licence applied for relates to an activity consisting of or including the use of premises, those premises are not suitable or convenient for the conduct of the activity having regard to – (i) the location, character or condition of the premises; (ii) the nature and extent of the proposed activity; (iii) the kind of persons likely to be in the premises; (iv) the possibility of undue public nuisance; or (v) public order or public safety; or (ca) the applicant would not be able to secure compliance with: (i) the mandatory licence conditions, and (ii) the standard conditions and any further conditions to which the licence is to be subject; (cb) the application does not contain the consent of the owners of the premises; 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 this Licensing Policy Statement any other relevant considerations Page 11 of 24
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OPTIONS The Committee need to consider whether the objection(s) received relate to the activity of a short term let licence. The options open to the Committee are therefore to: grant the application; grant the application for a shorter period of time; grant the application with additional conditions; or refuse the application if one of the grounds for refusal exist. PROCEDURE Identify parties Consider any preliminary issues Members of the public speak to their representation(s)/objection(s) Committee asks any questions to the objectors Applicant makes submission Committee asks any questions of the applicant Objector/s sum up Applicant sum up Committee makes decision Page 12 of 24
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Annex A – Mandatory Conditions Mandatory conditions will be applied to all types of short-term let licences (as specified in schedule 3 of the Order) and Temporary Exemptions. The following are mandatory conditions and will apply to all licences issued:- Agents 1. Only those named as a holder of the licence can carry out the day to day management of the short- term let of the premises. Type of licence 2. The holder of the licence may only offer the type of short-term let for which the licence has been granted. Fire safety 3. The holder of the licence must ensure the premises has satisfactory equipment installed for detecting, and for giving warning of – (a) fire or suspected fire, and (b) the presence of carbon monoxide in a concentration that is hazardous to health. 4. The holder of the licence must keep records showing that all upholstered furnishings and mattresses within the parts of the premises which are for guest use, or to which the guests are otherwise permitted to have access, comply with the Furniture and Furnishings (Fire Safety) Regulations 1988(1). Gas safety 5. Where the premises has a gas supply - (a) the holder of the licence must arrange for an annual gas safety inspection of all gas pipes, flues and appliances in the premises, (b) if, after an annual inspection, any appliance does not meet the required safety standard, the holder of the licence must not allow a short-term let of the premises until the works necessary to bring the appliance to the required safety standard have been carried out. Electrical safety 6. Where there are electrical fittings or items within the parts of the premises which are for guest use, or to which the guests are permitted to have access, the holder of the licence must - (a) ensure that any electrical fittings and items are in - (i) a reasonable state of repair, and (ii) proper and safe working order, (b) arrange for an electrical safety inspection to be carried out by a competent person at least every five years or more frequently if directed by the competent person, Page 13 of 24
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(c) ensure that, following an electrical safety inspection, the competent person produces an Electrical Installation Condition Report on any fixed installations, (d) arrange for a competent person to— (i) produce a Portable Appliance Testing Report on moveable appliances to which a guest has access, and (ii) date label and sign all moveable appliances which have been inspected. 7. In determining who is competent, the holder of the licence must have regard to guidance issued by the Scottish Ministers under section 19B(4) of the Housing (Scotland) Act 2006. Water safety: private water supplies 8. Where the premises are served by a private water supply, the licence holder must comply with the requirements on the owners of private dwellings set out in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Water safety: legionella 9. The holder of the licence must assess the risk from exposure to legionella within the premises, whether or not the premises are served by a private water supply. Safety & repair standards 10. (1) The holder of the licence must take all reasonable steps to ensure the premises are safe for residential use. (2) Where the premises are subject to the requirements of Chapter 4 of Part 1 of the Housing (Scotland) Act 2006, the holder of the licence must ensure that the premises meet the repairing standard. Maximum Occupancy 11. The licence holder must ensure that the number of guests residing on the premises does not exceed the number specified in the licence. Information to be displayed 12. The holder of the licence must make the following information available within the premises in a place where it is accessible to all guests - (a) a certified copy of the licence and the licence conditions, (b) fire, gas and electrical safety information, (c) details of how to summon the assistance of emergency services, (d) a copy of the gas safety report, (e) a copy of the Electrical Installation Condition Report, and (f) a copy of the Portable Appliance Testing Report. Planning Permission 13. Where the premises is in a short-term let control area for the purposes of section 26B of the Town and Country Planning (Scotland) Act 1997(4) (“the 1997 Act”), the Page 14 of 24
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holder of the licence must, where the use of the premises for a short-term let requires planning permission under the 1997 Act, ensure that either— (a) an application has been made for planning permission under the 1997 Act and has not yet been determined, or (b) planning permission under the 1997 Act is in force. Listings 14. (1) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises includes - (a) the licence number, and (b) a valid Energy Performance Certificate rating if an Energy Performance Certificate is required for the premises, in accordance with the Energy Performance of Buildings (Scotland) Regulations 2008(5). (2) The holder of the licence must ensure that any listing or advert (whether electronic or otherwise) for the short-term let of the premises is consistent with the terms of the short-term let licence. Insurance 15. The holder of the licence must ensure that there is in place for the premises - (a) valid buildings insurance for the duration of the licence, and (b) valid public liability insurance for the duration of each short-term let agreement. Payment of fees 16. The holder of the licence must pay any fees due to the licensing authority in respect of the licence on demand. False or misleading information 17. The holder of the licence must not provide any false or misleading information to the licensing authority. Interpretation 18. In this schedule - “Electrical Installation Condition Report” means a report containing the following information – (a) the date on which the inspection was carried out, (b) the address of the premises inspected, (c) the name, address and relevant qualifications of the person who carried out the inspection, (d) a description, and the location, of each installation, fixture, fitting and appliance inspected, (e) any defect identified, (f) any action taken to remedy a defect, Page 15 of 24
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“Energy Performance Certificate” means a certificate which complies with regulation 6 of the Energy Performance of Buildings (Scotland) Regulations 2008), “gas safety report” means a report containing the following information - (a) the date on which the appliance or flue was checked, (b) the address of the premises at which the appliance or flue is installed, (c) a description of and the location of each appliance or flue checked, (d) any safety defect identified, (e) any remedial action taken, (f) confirmation that the check undertaken complies with the requirements of an examination of - (i) the effectiveness of any flue, (ii) the supply of combustion air, (iii) subject to head (iv), its operating pressure or heat input or, where necessary, (iv) if it is not reasonably practicable to examine its combustion performance, (v) its operation so as to ensure its safe functioning, (g) the name and signature of the individual carrying out the check, and (h) the registration number with which that individual, or that individual’s employer, is registered with a body approved by the Health and Safety Executive for the purposes of regulation 3(3) of the Gas Safety (Installation and Use) Regulations 1998(7), “holder of the licence” means any person to whom a short-term let licence has been granted or jointly granted, “home letting” means a short-term let consisting of the entering into of an agreement for the use, while the host is absent, of accommodation which is, or is part of, the host’s only or principal home, “home sharing” means a short-term let consisting of the entering into of an agreement for the use, while the host is present, of accommodation which is, or is part of, the host’s only or principal home, “premises” means the accommodation which is the subject of an application for a short- term licence or the subject of a short-term licence, “repairing standard” means the steps which the holder of the licence is required to take to comply with the obligations placed on the holder by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006(8), “secondary letting” means a short-term let consisting of the entering into of an agreement for the use of accommodation which is not, or is not part of, the licence holder’s only or principal home, “short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, Page 16 of 24
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“short-term let licence” means a licence for a short-term let, and “type of short-term let” means one of the following purposes - (a) secondary letting, (b) home letting, (c) home sharing, or (d) home letting and home sharing. Page 17 of 24
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38 Finlay Terrace, Pitlochry, PH16 5EU. Perth and Kinross Council, Licensing Department, Legal Services, Pullar House, 35 Kinnoull Street, Perth, PH1 5GD. 15 June 2024. Dear Sir / Madam, Re: Public NoƟce of ApplicaƟon for Short-Term Let Licence - posted at 44 Finlay Terrace, Pitlochry, PH16 5EU on 7 June 2024. Applicant – Stephen Saint. We are wriƟng to object to the applicaƟon above which we believe will result in the property being used for holiday lets. Our objecƟon is based on the following points: 1. On 3 March 2022 we signed the Missives for our new property built by G. S. Brown. These stated that houses in the 8-home development ‘shall be used as private dwelling houses only and for no other purpose whatever’. We took this to mean that they could not be used as holiday rentals and this was confirmed when we were shown around the property by a G. S. Brown representaƟve. The applicaƟon would appear to break this condiƟon. (I have aƩached a photo of the relevant secƟon of our Title Sheet held by Scotland’s Land InformaƟon Service). 2. Three of the new houses were purchased as second homes (NOT 44 Finlay Terrace) and are used privately by their owners. However, we have heard that some owners are also considering using their properƟes as holiday lets. If one applicaƟon goes through others are more likely and the nature of our residenƟal area will change. 3. We are opposed to the property becoming a holiday let as it would change the nature of what was planned to be a residenƟal area – especially if other properƟes also changed to holiday lets. In addiƟon, Pitlochry is short of residenƟal homes and we believe that houses built as private dwellings should be used for that purpose. We look forward to receiving your response. Yours faithfully Graham Simpson Susan Connon 4 Page 21 of 24
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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 5 Page 23 of 24
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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 Page 24 of 24