Stockton-on-Tees Borough Council

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

Date:
Thursday, 26th September, 2013
Time:
10.00 a.m.
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AJ
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Michael Clark, Cllr Paul Kirton and Cllr Bill Woodhead.
Officers:
J Nertney (LD); S Mills (DNS).
In Attendance:
ASDA Stores Limited (represented by Mr Taylor, Solicitor), Mr Maloney (ASDA Licensing Manager & proposed Designated Premises Supervisor), Five local residents, Councillor Mrs Walmsley who represented those persons from Stansted Way who made a representation.
Apologies for absence:
None
Item Description Decision
Public
LSC
28/13
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
29/13
DECLARATIONS OF INTEREST
There were no interests declared.
LSC
30/13
LICENSING ACT 2003
ASDA SUPERMARKET/FILLING STATION, ALLENSWAY, THORNABY

RESOLVED that the application for the premises licence be granted for the following hours:-

• The supply of alcohol - Monday to Sunday 06:00 to 23:00 (off the premises)

• Opening hours - Monday to Sunday 06:00 to 23:00

Members agreed that conditions should be applied to the licence consistent with the operating schedule and the information provided by the applicant.
10.00 a.m.

Preamble

ItemPreamble
LSC
30/13
Members gave consideration to the report, the application and the representations which had been received. Members indicated to the applicant that they were minded to determine as a preliminary issue the question of "primary use" and whether the premises was a disqualified site under section 176 of the Licensing Act 2003. If Members were satisfied that the premises was not disqualified under the Act then they would give a preliminary ruling on that issue and then invite the applicant to present his application which would be considered under the licensing objectives.

Mr Taylor on behalf of the applicant stated that ASDA has two other stores located in Leeds Bridge and Sale which were of a similar nature to this premise. Mr Taylor provided copies of sale statistics relating to those stores which demonstrated that they were not a disqualified premise. In relation to the Leeds Bridge store the statistics showed that for every 2 persons using the garage for fuel there were 3 customers who used it as a convenience store. Mr Taylor stated that the statistical evidence provided should satisfy Members that the premise was not excluded from holding a licence to supply alcohol under the Licensing Act 2003.

All parties present apart from the Committees legal adviser then left the Council Chamber while Members debated the issue.

The parties returned and Members indicated that they had considered the submissions on the primary use of the premise. Members had regard to the Licensing Act 2003 and the Statutory Guidance issued under the Act. Members had regard to the breakdown of sales figures provided by the applicant. Members noted that the premises which were the subject of the application had not yet been built or opened and therefore specific sale figures and statistics could not be provided by the applicant. Members had regard to the statutory guidance and were of the view that there were no grounds to challenge the sales figures provided or to question whether this premise would be any different. Members took into account relevant case law on this issue and indicated that the primary use issue had been satisfied to their satisfaction and therefore indicated that the Committee would proceed to consider the application on its merits and in accordance with the licensing objectives.

Mr Taylor summarised the application and asked Members to note a minor amendment whereby section J and M of the application would be amended so that the terminal hour for the supply of alcohol and for the premises to open to the public was 23:00. The application for late night refreshment detailed in section I was removed from the application.

Mr Taylor gave details on the stores due diligence systems and the measures taken to ensure that the licensing objectives would not be undermined. In particular the company operated extensive due diligence procedures including use of CCTV systems, Challenge 25 and their own Test Purchase regime.

Mr Taylor summarised the grounds of the representations which had been made and submitted that many contained irrelevant considerations. Mr Taylor noted that the Police had no objection to the application and therefore any assertion that the licence would lead to an increase in anti social behaviour was clearly not supported by the Police.

Councillor Mrs Walmsley made a submission to Members and drew their attention to the grounds detailed in the representations.

The representations grounds were summarised as follows:-

• The premise is situated close to a residential area;
• The potential for drink driving;
• Concern that the availability of cheap alcohol may lead to an increase in noise and general disturbance;
• Concern that there may be an increase in crime and disorder;
• Car parking provision is insufficient;
• The hours sought by the applicant are not necessary; and
• Sufficiency of premises in the locality;

Councillor Walmsley stated that they had no problems with ASDA in the town centre and they had always been superb in responding to issues. The residents concern was over the sale of alcohol in the garage premise.

Other residents who were in attendance were also given the opportunity to address Members on their representation.

All parties were given an opportunity to sum up with the applicant having the final submission.

Members noted that the application before them was for a new premises licence requesting the supply of alcohol for consumption off the premises and late night refreshment. The applicant had amended their application to remove the request for late night refreshment and to amend the supply of alcohol to 06:00 to 23:00 hours Monday to Sunday.

Members noted that the Police had not made a representation and it followed that they had no concerns over the premise undermining the crime and disorder objective. None of the other responsible authorities had made a representation. Members noted that the applicant had extensive due diligence procedures in place.

A number of issues raised in the representations were not relevant considerations for Members and they were disregarded. Members were satisfied that the nature of the application was not one which would add to public nuisance and crime and disorder.

Members had no evidence before them that demonstrated the licensing objectives would be undermined if the licence was issued. Members were mindful of the relevant case law and in particular the case of Daniel Thwaites. Members had not been provided with any statistics detailing the level of anti social behaviour in the vicinity.

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. Members were satisfied that the there was no evidence to persuade Members that the licensing objectives would be undermined if granted.

After giving consideration to all of the evidence and representations made both in writing and orally
the Members agreed to grant the application for the premises licence for the following hours:-

• The supply of alcohol - Monday to Sunday 06:00 to 23:00 (off the premises)

• Opening hours - Monday to Sunday 06:00 to 23:00

Members agreed that conditions should be applied to the licence consistent with the operating schedule and the information provided by the applicant.

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