Meeting documentation

Meeting documents

Licensing Sub Committee
Wednesday, 5th September, 2007 10.00 am

ItemDescriptionResolution
Declaration of interests - members are reminded that following the adoption by Council of the new Code of Conduct, any declaration of interest should be made having regard to the new code. In particular, members must make clear the nature of the interest and whether it is 'personal' or 'prejudicial'.

The Monitoring Officer would like to remind members that when they are considering whether the following items are exempt information under the relevant paragraph under part 1 of Schedule 12A of the Local Government Act 1972 they must have regard to the public interest test. This means that members must consider, for each item, whether the public interest in maintaining the exemption from disclosure outweighs the public interest in making the item available to the public.
1 ELECTION OF CHAIRMAN
It was agreed that Councillor N Smith Chair the Hearing.

(Councillor N Smith in the Chair).

Councillor N Smith introduced the parties and explained the procedure to be followed.

The Hearing Regulations 2005 stated that the Authority must allow parties an equal maximum period of time in which to present their evidence. It was agreed that the maximum time for each presentation would be ten minutes.


 
2 AN APPLICATION FOR A PREMISES LICENCE IN RESPECT OF COALVILLE SERVICE STATION AND CONVENIENCE STORE
Miss Gale presented the report of the Licensing Officer.

Mr Botkai, the applicant's representative, then presented the application on behalf of the applicant. He reminded the panel of paragraph 20 and 21 of the Statutory Guidance. He explained that there had been no objections from any responsible authorities, there was originally a police representation but following a visit to the site this had been withdrawn. The representations from the local residents who were in attendance were commented on and it was highlighted that the majority of the issues raised were planning matters and should not be considered during the hearing.

Mr Botkai raised the following points:

- The application was for a 24 hour licence but at this time the shop will not be operating after 11pm. At some time in the future the opening hours may be extended.

- The deliveries of food and refreshments were not made early in the morning and the addition of alcohol would not change that.

- Litter has always been a problem with many convenience stores, the store would monitor this and keep the area tidy.

- The children from the children's home nearby were not causing any problems currently by sitting on the wall outside the store and there have been no representations from the children's home.

There were no questions for the applicant.

Mr Anand then presented his objections which were attached to the report of the licensing officer. Mr Anand raised the following points:

- He confirmed that he had no ties with the off licence as it belonged to his father.

- He believed that although the objections he had raised were planning matters, they were still significant to the application

- Parking would be a major concern as there was not enough spaces for people who were not buying petrol.

Mr Botkai raised the point that the parking issue should not be considered as it was a planning matter and therefore not relevant.

In response to a question from a Member, the applicant explained that the parking spaces were not currently marked out but if it was an issue it could be done.

There were no questions for Mr Anand.

Mr Lal then presented his objection, which was attached to the report of the Licensing Officer. He explained that if the licence was to be granted the store would attract crime and disorder into the area, and more noise and disturbance late at night for residents.

There were no questions for Mr Lal.

Mr Anand and Mr Lal declined to give a closing statement. The applicant's representative gave a brief closing statement, during which he reiterated earlier comments and reminded all present that the licence could be reviewed if any of the issues that had been raised were to occur.

At 11.00am the Sub Committee adjourned to consider its decision and re-convened at 12.10pm.

The Legal Advisor announced on behalf of the Chairman, that in reaching its decision the Sub Committee had taken into account the Licensing Act 2003, the guidance of the Secretary of State, the Statement of Licensing Policy and all the relevant representations made in writing and verbally at the hearing.
RESOLVED THAT:

The Licence be GRANTED as applied for.

The Panel decided that there was no reason in law to stop the granting of the licence. There were no representations from the responsible authorities and some representations from interested parties were not relevant. The concerns of crime and disorder, and public nuisance were considered but no evidence was found that would suggest an immediate increase in those problems due to the granting of the licence, especially if it was not intended to open the premises on a 24 hour basis in the immediate future.

Published on Tuesday, 30th October, 2007
The meeting closed at 12.20pm.

Attendance Details

Present:
Councillors J Bridges, G Partner and N Smith.

Officers (for the Licensing Authority): Miss C Gale, Miss R Levy and Mrs S Roberts.

Representing the applicant: Mr Botkai (applicant's representative), Ms P Haimsworth (H.K.S Retail Limited Area Manager), Mr M Lyons (Store Manager).

Others Present: Mr A Cooper (Observer, NWLDC), Mr Anand and Mr Lal (Local Residents).