Meeting documentation

Meeting documents

Licensing Sub Committee
Friday, 7th September, 2007 2.00 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 interested 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 twenty minutes.
 
2 AN APPLICATION FOR A PREMISES LICENCE IN RESPECT OF IBSTOCK FILLING STATION AND CONVENIENCE STORE
Miss C Gale presented the report of the Licensing officer.

Mr Botkai, the applicant's representative then presented the application on behalf of the applicant. He advised Members that after 11pm the customers would be served through a hatch and would not be permitted inside the store. He explained that an incident had occurred at the store on 3 August when a youth who was refused cigarettes became disordly but this was due to the music festival in Heather and it was dealt with correctly.

Members raised concerns regarding the lack of public toilet facilities which had led to people urinating outside the store on a number of occasions. Members were advised that this could not be conditioned as part of the licence.

Mr P Smith then presented his objection as detailed within the report of the Licensing Officer. He believed that the sale of alcohol over a 24 hour period would cause noise disturbance for the local residents. He explained that there was already an increase in disturbances now that the garage sold petrol over a 24 hour period.

In response to a question from a Member, the applicant's representative stated that the applicant was prepared to consider not selling alcohol between the hours of 11pm and 5am.

Mr Smith and the applicant's representative gave brief closing statements.

At 3.05pm the Sub Committee adjourned to consider its decision and re-convened at 3.47pm.

The Chairman announced that in reaching its decision the Sub Committee had regard to the Licensing Act 2003, the guidance of the Secretary of State and the Licensing Policy Statement.

The guidance of the Secretary of State specifically states that licences for the sale of alcohol from shops and stores for consumption off the premises should be granted unless there are good reasons not to, such as objections from the police.


RESOLVED THAT:

The licence be GRANTED with the following amendments:

Late night refreshments between the hours of 11.00pm only and 5.00am and sale of alcohol for consumption off the premises between the hours of 05.00am and 11.00pm only.
Published on Tuesday, 30th October, 2007
The meeting closed at 3.50pm.

Attendance Details

Present:
Councillors J G Coxon, P Purver and N Smith.

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

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

Interested Parties: Mr and Mrs Morris, Ms R Moskin, Mr P Smith, Mr and Mrs Thornley (Local Residents).

Others present: Councillor T Gillard, Mr A Cooper (NWLDC Officer) and Miss M Terry (NWLDC Officer).