Stockton-on-Tees Borough Council

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

Date:
Monday, 28th January, 2013
Time:
10.00am
Place:
Council Chambers, Town Centre, High Street, Stockton-on-Tees. TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton, Cllr Ray McCall, Cllr Michael Clark
Officers:
P Edwards (DNS); J Nertney (LD)
In Attendance:
Mr Arnott (Solicitor for Co-Op) and Mr Blackburn Co-Op Operations Manager and Mr and Mrs Garbutt, Mr and Mrs Wheaton and Mr Whitehouse (interested parties for Bishopton Road West application)
Apologies for absence:
None
Item Description Decision
Public
LSC
22/12
DECLARATIONS OF INTEREST
 
LSC
23/12
APPOINTMENT OF CHAIR
RESOLVED that Cllr Kirton be appointed Chair for this meeting.
LSC
24/12
HIGH LEVEN SERVICES, LOW LANE, HIGH LEVEN, YARM
RESOLVED that the application for the premises licence be approved for the following hours:-

• The supply of alcohol - Monday to Sunday 07:00 to 00:00; and
• Late night refreshment between 23:00 and 00:00.
LSC
25/12
CO-OP PETROL, 318 BISHOPTON ROAD WEST, STOCKTON-ON-TEES
RESOLVED that the application for the premises licence be approved for the following hours:-

• The supply of alcohol - Monday to Sunday 07:00 to 00:00; and
• The removal of embedded restrictions from the 1964 Act, including Good Friday and Christmas Day.
10.00am - 12.00 noon

Preamble

ItemPreamble
LSC
22/12
There were no declarations of interest.
LSC
24/12
Members considered a report to determine an application for the variation of a premise licence for Co-operative Group Food Ltd in relation to High Leven Services, Low Lane, High Leven, Yarm under the Licensing Act 2003 to which there had been a representation from an interested party.

The proposed variation was to extend the hours for the supply of alcohol from Monday to Sunday 08.00 hours until 23.00hours to Monday to Sunday 05.00 hours until 00.00 hours

The provision of Late Nigh Refreshment - Monday to Sunday 23.00 hours until 05.00

A copy of the application was provided to Members.

Following negotiations with the Police the applicant had agreed to amend the commencement hour to 07.00 hours.

A copy of the existing licence was provided to Members for information.

One representation had been received from an interested party wishing to object to this application. This representation related to the prevention of crime and disorder and the prevention of public nuisance objectives.

Members were reminded of the need to give due consideration to Stockton Borough Councils Licensing Policy Statement and the Section 182 Revised Guidance issued October 2012 under the Licensing Act 2003 when determining this application.

Members were required to carry out their functions with a view to promoting the four licensing objectives.

Members gave consideration to the report, the application and the representations which had been received.

Mr Arnott (Co-Op Solicitor) stated that the applicant was a large national chain with 3,800 shops. The premises to which this licence applied had traded as a Co-Op since 2007 and prior to that had been an independent store for approximately 10 years.

The Co-Op was a responsible retailer and invested a lot of time and money in their procedures to ensure they fully comply with all statutory requirements.

Mr Arnott summarised the due diligence procedures which the Co-Op operated in its premises which included CCTV cameras, till prompts, bar coded products, electronic refusals register and a number of personal licence holders employed at the premise.

Mr Arnott noted that one representation had been received from a local resident. Mr Arnott noted that the representation was concerned with late night refreshment and this was no longer a relevant consideration given that the hours sought had been reduced to 00:00. If the application was granted late night refreshment would only be available at the premise between 23:00 and 00:00.

Mr Arnott addressed the Committee on relevant case law, including the case of Daniel Thwaites, and reminded Members of their considerations under the Statutory Guidance issued under Section 182 of the Licensing Act.

The interested party who had made a representation was not in attendance at the meeting and the Committee had regard to her written representation.

Members noted that the application before them was for a variation to the premises licence requesting the supply of alcohol from 07:00 to 00:00 Monday to Sunday and late night refreshment from 23:00 to 00:00 Monday to Sunday. The hours sought had been amended following the receipt of the representation from Cleveland Police.

Members noted that as Cleveland Police had withdrawn their representation there were no representations from any of the responsible authorities.

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. The representation submitted by the interested party was no longer deemed to be relevant given her concern over the hours sought throughout the night, this was no longer the case and the terminal hour was now 00:00. Members 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 from the evidence that had been presented that the applicant was a responsible operator and there was no evidence to persuade the Committee that the licensing objectives would be undermined if granted.

The application for the premises licence was approved for the following hours:-

• The supply of alcohol - Monday to Sunday 07:00 to 00:00; and
• Late night refreshment between 23:00 and 00:00

Members wished to remind persons who had made a representation that should there be any crime and disorder, public nuisance or other relevant issues in the future then these should be raised firstly with the premise and also with the responsible authorities such as Cleveland Police, the Council's Environmental Health Section or Licensing Section.
LSC
25/12
Members considered a report to determine an application for the variation of a premise licence from Co-operative Group Food Ltd in relation to Co-op Petrol, 318 Bishopton Road West, Stockton-on-Tees under the Licensing Act 2003, to which there had been representations from interested parties.

The proposed variation was to extend the hours for the supply of alcohol from Monday to Sunday 08.00 hours until 23.00hours
to Monday to Sunday 05.00 hours until 00.00 hours

Members were provided with a copy of the application.

Following negotiations with the Police the applicant had agreed to amend the commencement hour to 07.00 hours.

A copy of the existing licence was provided to Members for information.

Eight representations had been received from Interested Parties wishing to object to this application. The representations related to the prevention of crime and disorder and the prevention of public nuisance objectives.

Members were reminded of the need to give due consideration to Stockton Borough Councils Licensing Policy Statement and the Section 182 Revised Guidance issued October 2012 under the Licensing Act 2003 when determining this application.

Members were required to carry out their functions with a view to promoting the four licensing objectives.

Mr Arnott (Co-Op Solicitor) stated that the applicant was a large national chain with 3,800 shops. The premises to which this licence applied had traded as a Co-Op since 2007 and prior to that had been an independent store for approximately 10 years.

The Co-Op was a responsible retailer and invested a lot of time and money in their procedures to ensure they fully complied with all statutory requirements.

Mr Arnott summarised the due diligence procedures which the Co-Op operated in its premises which included CCTV cameras, till prompts, bar coded products, electronic refusals register and a number of personal licence holders employed at the premise.

Mr Arnott gave a detailed appraisal of the representations which had been received from local residents. Mr Arnott noted that some of the representations had referred to the need for another premise but this was not a relevant consideration. The premise was not aware of complaints having been received alleging anti-social behaviour. It was noted that one of the representations noted that the Co-Op had responded and acted on issues which had been raised with them by local residents. In one of the representations there was a reference to an alarm sounding at the premise which had been fixed and also the delivery times of lorries which had been amended to address residents' concerns.

Mr Arnott addressed Members on relevant case law, including the case of Daniel Thwaites, and reminded the Committee of their considerations under the Statutory Guidance issued under Section 182 of the Licensing Act.

Mr and Mrs Garbutt, Mr and Mrs Wheaton and Mr Whitehouse were given the opportunity to address the Committee and explain their objection to the application.

Members had regard to all of the written representations which had been received.

Each of the parties was given an opportunity to sum up with the applicant making the final submission.

Members noted that the application before them was for a variation to the premises licence requesting the supply of alcohol from 07:00 to 00:00 Monday to Sunday. The hours sought had been amended slightly following the receipt of the representation from Cleveland Police.

Members noted that as Cleveland Police had now withdrawn their representation there were no representations from any of the responsible authorities.

Members had no evidence before them that demonstrated the licensing objectives would be undermined if the licence was issued. Some of the representations had expressed their fears but there was no evidence. Members were mindful of the relevant case law and in particular the case of Daniel Thwaites. The majority of the residents' concerns related to anti-social behaviour in the area and in the opinion of Members this could not be linked to the Co-Op premise. It was noted that the representations submitted by objectors included some irrelevant considerations which Members were required to disregard. Members 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 from the evidence that had been presented that the applicant was a responsible operator and there was no evidence to persuade Members that the licensing objectives would be undermined if granted.

Members were satisfied that the licensing objectives would not be undermined and the application for the premises licence was approved for the following hours:-

• The supply of alcohol - Monday to Sunday 07:00 to 00:00; and
• The removal of embedded restrictions from the 1964 Act, including Good Friday and Christmas Day

Members wished to remind persons who had made a representation that should there be any crime and disorder, public nuisance or other relevant issues in the future then these should be raised firstly with the premise and also with the responsible authorities such as Cleveland Police, the Council's Environmental Health Section or Licensing Section.

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