Agenda and minutes

Licensing Act 2003 Sub-Committee - Thursday 12th July, 2012 1.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Gemma George; Senior Governance Officer 

Items
No. Item

1.

Apologies for Absence

2.

Declarations of Interest

3.

Application for New Premises Licence - 77 Mayors Walk, Peterborough, PE3 6EX pdf icon PDF 112 KB

Additional documents:

Minutes:

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 – 77 Mayors Walk, Peterborough, PE3 6EX

 

(i)                  Application Reference

 

064340

(ii)                Sub- Committee Members Present

Councillor Thacker (Chairman)

Councillor Hiller

Councillor Saltmarsh

 

(iii)               Officers Present

 

Terri Martin, Regulatory Officer – Licensing

Colin Miles, Lawyer – Legal Advisor to the Sub-Committee

Gemma George, Senior Governance Officer – Clerk to the Sub-Committee

 

(iv)              Applicant

 

Mrs Evelina Balzakeviciene

(v)               Nature of Application

Application Type

 

Application for a new premises licence.

 

Summary of New Application

 

The application had been submitted online via the Electronic Licensing Management System (ELMS). The application had then been forwarded onto the required Responsible Authorities by the Licensing Department in accordance with the regulations and Section 8.24 of Guidance.

 

Representations had been received from a local Councillor and a local resident as ‘Other Persons’. A summary of issues raised by these Other Persons included:

 

  • The potential increase of existing alcohol related incidents and anti social behaviour in the area;
  • The history of illegal activity at the premises;
  • The number of premises in the vicinity selling alcohol; and
  • The appropriateness of the application due to its locality with schools, residents and the church next to the premises.

 

Representations had also been received from Cambridgeshire Constabulary, Trading Standards, and the Licensing Authority as Responsible Authorities. A summary of issues raised by the Responsible Authorities included:

 

  • The history of problems at the premises including the three HMRC seizures of illicit goods during May 2010, April 2011 and May 2012, and the failure of a test purchase during June 2011;
  • The established link with the prior owner and the staff of the new applicant;
  • The ambiguity over ownership, responsibility and control of the business; and
  • The concerns over the Applicant’s ability to be able to uphold the licensing objectives.

 

A letter had also been received from the Director of Public Health which provided observations regarding the locality and the condition within the application in relation to the ‘Protection of Children from Harm’ objective.

 

The Applicant’s proposed conditions under the licensing objectives were detailed within the application and were outlined within the Sub-Committee report. In accordance with Section 10.9 and 10.11 of the Guidance, these conditions had been interpreted into enforceable conditions and only those appropriate and proportionate for the promotion of the licensing objectives had been included in the Operating Schedule.

 

(vi)              Licensing Objectives Under Which Representations Were Made

 

·        Public Safety

·        The Prevention of Crime and Disorder

·        The Protection of Children from Harm

(vii)            Parties/Representatives and witnesses present

 

 

 

 

 

 

 

 

 

Applicant / Applicant’s Representative

 

Mr David Povilonis, the Applicant’s Agent, who was present on behalf of the Applicant.

 

Responsible Authorities

 

Mrs Karen Woods, who presented the case on behalf of Peterborough City Council Trading Standards.

 

Mr Adrian Day, who presented the case on behalf of the Licensing Authority.

 

Sgt. Paul Saunders, who presented the case on behalf of Cambridgeshire Constabulary. PCSO Constanti was also in attendance; however he  ...  view the full minutes text for item 3.