Stockton-on-Tees Borough Council

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

Date:
Tuesday, 12th June, 2012
Time:
02.00 p.m.
Place:
Council Chamber, 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 and Cllr Maurice Perry.
Officers:
J Nertney (LD); C Barnes (DNS).
In Attendance:
North East Convenience Stores Limited - (Mr Vadhera, Director and represented by Ms Sherratt) Mr Kelly the proposed Designated Premises Supervisor; six local residents that had submitted representations were in attendance.
Apologies for absence:
None
Item Description Decision
Public
LSC
4/12
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
5/12
DECLARATIONS OF INTEREST
There were no interests declared.
LSC
6/12
NISA LOCAL (THE FORMER MANDALE PUB), LANEHOUSE ROAD, THORNABY - APPLICATION FOR GRANT OF A LICENCE UNDER THE LICENSING ACT 2003
RESOLVED that the application be approved 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
2.00 pm - 4.00 pm

Preamble

ItemPreamble
LSC
6/12
Members gave consideration to the report, the application and the representations which had been received. A petition had been received but Members agreed not to consider this as it had been received outside the period for submitting representations and in any event from the summary details provided it did not constitute a relevant representation.

Ms Sherratt on behalf of the applicant informed Members that this was an application for an off licence for the supply of alcohol between 07:00 and 22:00 hours. It was estimated that alcohol sales may account for 25% of the premises turnover.

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

The applicant was a responsible operator and had 18 stores and 4 post offices. Ms Sherratt noted that residents had concerns 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 stated that several of the objections had referred to parking and highways issues. Ms Sherratt stated that these were not relevant considerations for the Sub Committee but as the premise had parking for approximately 20 vehicles there would be minimum impact.

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 Trading Standards that addressed any concerns they had over the application.

Ms Sherratt stated that in her view the vast majority of the representations which had been received referred to irrelevant issues. Some of the representations referred to anti social behaviour but this related to the premises previous operation when it was a public house.

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.

Councillor Walmsley had submitted a representation and was in attendance to represent other persons who had made a representation. Councillor Walmsley accepted that some of the residents concerns were based on speculation but nevertheless there was widespread opposition to the application. Councillor Walmsley also accepted that some of the representations included commercial objections which were not relevant under the licensing objectives. Councillor Walmsley stated that the area had recently undergone major investment and improvements which had gone some way to tackling the social problems but there was concern that the applicant was proposing that 25% of the premises sales would be alcohol.

Other persons who were in attendance and had made a representation were given the opportunity to address the Committee.

Each of the parties were given an opportunity to sum up with the applicants representative having the final submission.

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 conditions which were agreed with Trading Standards and which would be attached to the licence. Members noted that the documentation provided by the applicant did demonstrate a premise that took its obligations under the licensing regime seriously. Members noted that several of the Objectors had raised the issue that there were sufficient premises in the locality which supplied alcohol. These were not deemed to be relevant considerations for Members. Existing problems with alcohol 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 planning issues had also been included in other representations. It was noted that some of the representations made reference to the Planning Committee and they could have been under the misapprehension that the application was being considered by the Planning Committee. The Licensing Sub Committee was 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 the licensing objectives would not be undermined and the application for the premises licence was approved.

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