Stockton-on-Tees Borough Council

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Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Monday, 13th May, 2013
Time:
10.00am
Place:
Council Chambers, Town Hall, High Street, Stockton-on-Tees. TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Michael Clark, Cllr Paul Kirton, Cllr Ray McCall
Officers:
S Mills (DNS); J Nertney (LD)
In Attendance:
Mr Vadhera (Director - North East Convenience Stores Limited); Ms Sherratt (Solicitor representing Mr Vadhera); Ms Milne (proposed Designated Premises Supervisor)
Apologies for absence:
None
Item Description Decision
Public
LSC
7/13
APPOINTMENT OF CHAIR
RESOLVED that Cllr Kirton be appointed Chair of this meeting only.
LSC
8/13
DECLARATIONS OF INTEREST
 
LSC
9/13
LICENSING ACT 2003 - APPLICATION FOR GRANT OF PREMISE LICENCE - NORTH EAST CONVENIENCE STORES - NISA LOCAL, HIGH NEWHAM ROAD, STOCKTON-ON-TEES
RESOLVED that the application for grant of premise licence - North East Convenience Stores - NISA Local, High Newham Road, Stockton-on-Tees be approved for the following hours:

- Monday to Saturday from 7:00 to 22:00 hours.
10.00am - 12.00 noon

Preamble

ItemPreamble
LSC
8/13
There were no declarations of interest.
LSC
9/13
Members considered a report to determine an application for the grant of a premise licence from Sanjeev Vadhera, in relation to NISA Local, former Hardwick Hotel, High Newham Road, Stockton on Tees, under the Licensing Act 2003 to which there had been a representation from an interested party and a Petition.

The applicant applied for a licence for the following:

Supply of Alcohol Off the Premises Monday to Sunday 07.00 until 22.00 hours

A copy of the application was provided to Members.

Representation had been received from Environmental Health; however, the representation was withdrawn as the applicant had agreed to their suggested condition.

One representation had been received from an interested party wishing to object to this application. The representation related to the prevention of crime and disorder and the prevention of public nuisance objectives. A petition showing opposition to this application had also been received from interested parties.

The Committee gave consideration to the report, the application and the representation and attached petition.

Ms Sherratt on behalf of the applicant informed Members that this was an application for a licence to supply alcohol for consumption off the premises between 07:00 and 22:00 hours. It was estimated that alcohol sales may account for 20% of the premises turnover.

The premise was a former public house and currently had a licence to supply alcohol for consumption both on and off the premises.

The applicant was a responsible operator and currently had 20 stores and if this application was granted this would be the 21st store and the 3rd in the Stockton area. Ms Sherratt noted that the representation from the local resident had expressed concern over the impact but stressed that the applicant was a responsible operator and his business had won several awards.

Ms Sherratt drew Members attention to a bundle of documents which had been prepared to demonstrate the due diligence systems and practices operated by the business.

Ms Sherratt asked Members to note that Cleveland Police had not made a representation and that there was no independent evidence of anti-social behaviour in the vicinity. Conditions had been agreed with Environmental Health and the operating schedule had been amended to reflect that agreement. Miss Sherratt submitted that Members should be satisfied that this addressed any concerns they had over the application.

Ms Sherratt drew Members attention to relevant points of law and referred to relevant case law such as the case of Daniel Thwaites. Ms Sherratt stated that any restriction to a licence must be based on evidence and not speculation and in her submission this application should be granted.

Members had regard to the representation which had been received and the attached petition.

Ms Sherratt summed up on behalf of the applicants.

Members noted that the application before them was for a premises licence to authorise the supply of alcohol for consumption off the premises between the following hours:-

• Monday to Sunday: from 07:00 to 22:00 hours

Members noted the Operating Schedule which would be attached to the licence as conditions included the agreed condition with Environmental Health. Members noted that the documentation provided by the applicant demonstrated a premise that took its obligations under the licensing regime seriously. Existing problems with anti-social behaviour in the area were a separate issue and in the opinion of Members were not relevant to the application before them as the Applicant could not be held responsible for any existing concerns that residents had. Other irrelevant matters such as the fact there was an existing premise in the area had also been included in the representation. The licensing Sub Committee were legally obliged to consider the application in accordance with the Licensing Act 2003 and irrelevant issues could not form part of their decision making and had to be disregarded.

After giving consideration to all of the evidence and representations made both in writing and orally.

Members were satisfied that there was no evidence presented to persuade them the licensing objectives would be undermined and the application for the premises licence was approved.

Members wished to remind persons in the vicinity of the premises that should there be any crime and disorder, noise related nuisance or other relevant issues in the future then these should be raised firstly with the relevant premise and also with the responsible authorities such as Cleveland Police, the Council's Environmental Health Section or Licensing Section.

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