Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Thursday 26th June, 2014 1.30 pm

Venue: Bourges/Viersen Rooms - 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 - General Store, 48 Oundle Road, Peterborough PDF 105 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION FOR THE PREMISES LICENCE – GENERAL STORE, 48 OUNDLE ROAD

26 JUNE 2014

This Decision Notice refers to the application for the premises licence General Store, 48 Oundle Road, Peterborough.

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

· The Ward Councillor,

· 256 concerned residents, and

· Note the absence of any objection from the police, or any other Responsible Authority.

We have disregarded irrelevant factors not evidenced before us today and anticipated problems that may be associated with these premises. The Committee does not believe that the premise can be held responsible for the behaviour of patrons once they leave the shop. The Council’s policy also prevents the Council considering the commercial demand for a particular type of premise.

The premises is not located in the Operation Can-do area and is therefore not subject to the Council’s special policy on cumulative impact. However, the Committee is aware of paragraph 13.32 of Home Office guidance in which it states that the absence of a special policy does not prevent arguments being put forward in relation to the negative cumulative impact the premise might have. On the evidence that the Committee has heard it is not satisfied that there are grounds to refuse the licence as applied for.

We therefore grant the licence for the premises, known as General Store, 48 Oundle Road, Peterborough.

Given the obvious strength of feeling from the local community, perhaps the way forward is to seek to have the area designated as an area to which a special policy on cumulative effect can apply.

Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:

Peterborough Court House, Bridge Street, Peterborough, PE1 1ED. Tel No. 0845 3100575. There is a fee to pay.

Councillor Thacker MBE

Sub-Committee Chairman

Minutes:

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 – General Store, 48 Oundle Road, Peterborough
3.1	Application Reference	069399
3.2	Sub-Committee Members	Councillor (Chairman) Thacker Councillor Saltmarsh Councillor Khan
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Nigel Joseph, Lawyer – Legal Advisor to the Sub-Committee Philippa Turvey, Senior Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Mr Adem Xhemajli
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 Sunday to Wednesday – 9:00am to 9:00pm Thursday to Saturday – 9:00am to 11:00pm Hours premises are open to the public Sunday to Wednesday – 9:00am to 9:00pm Thursday to Saturday – 9:00am to 11:00pm 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 General Store, 48 Oundle Road, Peterborough, which had been received from a Ward Councillor and local residents the Licensing Authority was required to hold a hearing. A summary of the issues raised within the representations included: The already high level of off-licensed premises in the surrounding area, and The concern that the sale of alcohol at the hours applied for would increase the prevalence of street drinking in the area.
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 Regulatory Officer, who presented the case on behalf of the Licensing Authority. Applicant The Applicant, Mr Adem Xhemajli and the Applicant’s Representative, Miss Claire Trolove of Roythornes Solicitors Ward Councillor Councillor Thulbourn Other Persons Miss Avril Lavender and Mrs Creed.
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 the hours applied for being from 9:00am to 9:00pm, Sunday to Wednesday and 9:00am to 11:00pm, Thursday to Saturday. Applicant Claire Trolove, representative for Adem Xhemajli, addressed the Sub-Committee. The key points raised during her address, and following questions from the Sub-Committee were as follows: Her client had taken advantage of a gap in the market to cater for demand for eastern European food and drink. The amount of alcohol sold would not be significant. CCTV would be installed to help promote public safety, prevent crime and disorder and protect staff. Signage would be displayed requiring patrons who looked under 25 to present photo identification and notifying patrons that littler should be placed in bins. All relevant fire and safety regulations would be adhered to. Staff would be trained on how to ... view the full minutes text for item 3.