Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Tuesday 20th May, 2014 10.00 am

Venue: Town Hall

Contact: Philippa Turvey; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for a New Premises Licence - Little Europe, 715 Lincoln Road, Peterborough PDF 107 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION OF THE PREMISES LICENCE – LITTLE EUROPE, 715 LINCOLN ROAD, PETERBOROUGH

20 MAY 2014

This Decision Notice refers to the application for the premises licence Little Europe, 715 Lincoln Road, Peterborough.

The Applicant was not present today and had indicated that he would not be present due to another commitment. He did state that he had not received the papers in time to attend or make further representations in support of his application.

However, the Committee is satisfied that he did receive the papers in sufficient time given that he had also instructed legal representation and an agent during the course of the application. Neither the legal representative nor the agent were in attendance.

The Committee decided that it was fair to proceed in absence of the Applicant, as it felt it had sufficient information before it to make a decision.

We have considered the representations made to us today and in:

Public Health
Pollution Control
Trading Standards
Cambridgeshire Constabulary
Brian Gascoyne, Chairman of Millfield and New England Regeneration Partnership

The premises lie within an area designated as a cumulative impact zone known as the ‘Op Can-do’ area, incorporating mainly the Millfield and New England areas of the City. On 18 April 2013 the Licensing Authority adopted a special policy concerning this area.

This area suffers from a proliferation of outlets selling alcohol. Many such outlets trade with ‘off sales’ licences. These premises being off licences and small grocery shops.

The ‘Can-do’ operation partnership with the City Council, Policy, NHS and Community Groups is designed to address the issues caused by the sale of alcohol in this area.

These issues include alcohol abuse, which adversely affects the health of many of the residents who live in the area.

There are issues relating to street crime and anti-social behaviour in the area which are a drain on Police and the Authorities resources.

We are concerned with the increase in alcohol consumption and the detrimental effects it has on the community.

There is a rebuttable presumption not the grant further premises licences in a cumulative impact zone. However, the Licensing Authority recognises that such a policy is not absolute.

There are 93 premises authorised to sell alcohol in the area.

- 39 off sales only,

- 31 both on and off sales, and

- 23 on sales only

In order to rebut the presumption not to grant, Applicants need to address the special policy issues in the operating schedules and demonstrate why the operation of the premises will not add to the cumulative impact already being experienced.

In our deliberations we have considered:

- Our own Statement of Licensing Policy at paragraph 11,

- The Government guidance at paragraph 13.29 and 13.30,

- The representation from the Police and from the Licensing Authority,

- The operating schedule within the application.

We consider that the options available to us are:

- To grant this licence as applied for,

- To grant with additional ... view the full decision text for item 3.

Application for a New Premises Licence - Centre Café, 187a Lincoln Road, Peterborough PDF 112 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION OF THE PREMISES LICENCE – CENTRE CAFÉ, 187A LINCOLN ROAD, PETERBOROUGH

20 MAY 2014

This Decision Notice refers to the application for the premises licence Centre Café, 187a Lincoln Road, Peterborough.

We have considered the representations made to us today and in writing:

Cambridgeshire Constabulary
Licensing Authority
The applicant and his representative

The premises lie within an area designated as a cumulative impact zone known as the ‘Can-do’ area, incorporating mainly the Millfield and New England areas of the City. On 18 April 2013 the Licensing Authority adopted a special policy concerning this area.

This area suffers from a proliferation of outlets selling alcohol. Many such outlets trade with ‘off sales’ licences. These premises mainly being off licences and small grocery shops.

The ‘Can-do’ operation partnership with the City Council, Police, NHS and Community Groups is designed to address the issues caused by the sale of alcohol in this area.

These issues include alcohol abuse, which adversely affects the health of many of the residents who live in the area.

There are issues relating to street crime and anti-social behaviour in the area which are a drain on Police and the Authorities’ resources.

We are concerned with the increase in alcohol consumption and the detrimental effects it has on the community.

There is a rebuttable presumption not to grant further premises licences in a cumulative impact zone. However, the Licensing Authority recognises that such a policy is not absolute.

There are 93 premises authorised to sell alcohol in the area.

- 39 off sales only,

- 31 both on and off sales, and

- 23 on sales only

In our deliberations we have considered:

- Our own Statement of Licensing Policy at paragraph 11,

- The Government guidance at paragraph 13.29 and 13.30,

- The conditions forwarded by the police and those by the applicant

We consider that the options available to us are:

- To grant this licence as applied for,

- To grant with additional conditions, or

- To reject the application.

We welcome the willingness of the applicant to accept the conditions put forward by the police. We feel that with these conditions the applicant will have met the threshold required for this type of premises applying for an on licence only.

We therefore grant the licence for the premises, known as Centre Café, 187a Lincoln Road, Peterborough, as applied for subject to the adoption of all the conditions put forward by the police and the applicant, with the police conditions taking precedence where there is conflict and avoiding any duplication.

We do not agree with the ‘minimum meal’ condition as we feel this would be too difficult to enforce in this type of establishment.

The licence is for ... view the full decision text for item 4.

Minutes:

Meeting of the Licensing Act 2003 Sub-Committee

held at the Town Hall, Peterborough on Tuesday, 20 May 2014

RECORD OF PROCEEDINGS

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		New Premises Licence – Little Europe, 715 Lincoln Road, Peterborough, PE1 3HD
3.1	Application Reference	069186
3.2	Sub-Committee Members	Councillor (Chairman) Thacker Councillor Saltmarsh Councillor Kreling
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Philippa Turvey, Senior Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Mr Aidas Mackauskas
3.5	Nature of Application	Application Type Application for a new premises licence. Authorisations and Times Applied For Sale of alcohol for consumption off the premises Monday to Saturday – 9:00am to 9:00pm Sunday – 10:00am to 8:00pm Hours premises are open to the public Monday to Saturday – 9:00am to 9:00pm Sunday – 10:00am to 8:00pm Summary of New Premises Licence Application In accordance with the Licensing Act 2003, following the submission of an application for a new premises licence for Little Europe, 715 Lincoln Road, Peterborough, PE1 3HD, which had been received from a Residents’ Association and four Responsible Authorities, the licensing authority was required to hold a hearing. A summary of the issues raised within the representations included: Detriment to the ongoing partnership working in place to reduce anti-social behaviour and violent crime within the area; and In ‘Op Can-do’ area which is now subject to a special ‘cumulative impact policy’.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder 3.8 2. The Protection of Children from Harm 3. The Prevention of Public Nuisance 4. The Protection of Public Safety
3.7	Parties/Representatives and witnesses present	The Licensing Authority The Licensing Officer, who presented the case on behalf of the Licensing Authority. Responsible Authorities Grahame Robinson, Cambridgeshire Constabulary Karen Woods, Trading Standards Other Persons Brian Gascoyne, Chairman of the Millfield and New England Regeneration Partnership
3.8	Pre-hearing considerations and any decisions taken by the Sub-Committee relating to ancillary matters	There were no pre-hearing considerations.
3.9	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. The key points raised in his address included: Letters had been received from the Applicant’s Agenda, Mr Rocha, indicating that all the conditions proposed by the Responsible Authorities had been agreed to by the Applicant. There was a rebuttable presumption that the application be refused unless it can be demonstrated that the operation of the premises will not add to the cumulative impact already being experienced. The Applicant had requested that the meeting be adjourned, as neither the Applicant nor the Agent could be present at the meeting. The Agent had previously confirmed his intention to attend the meeting. The Sub-Committee discussed whether it was appropriate to continue with the hearing as nobody was present to represent the Applicant and the Applicant believed they had not ... view the full minutes text for item 4.