Stockton-on-Tees Borough Council

Big plans, bright future

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

Date:
Wednesday, 3rd September, 2014
Time:
10.00am
Place:
Council Chamber, Town Hall, High Street, Stockton, TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton(Chairman), Cllr Cunningham, Cllr Clark
Officers:
S Mills(DNS), J Nertney(LD)
In Attendance:
Mrs Marklen(Applicant), Mrs Coates(Applicant), Mrs Smith(Solicitor), Mr Alderson(Objector), Cllr Ken Lupton and Cllr Terry Laing.
Item Description Decision
Public
LSC
14/14
DECLARATIONS OF INTEREST
 
LSC
15/14
APPOINTMENT OF CHAIR
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
16/14
LICENSING ACT 2003
APPLICATION FOR GRANT OF A PREMISE LICENCE
ONE STOP CONVENIENCE STORE, 11 BIRKDALE ROAD, STOCKTON ON TEES

RESOLVED that the application for grant of a Premise Licence be granted as detailed above to the premise licence as requested.
10.00am

Preamble

ItemPreamble
LSC
14/14
There were no declarations of interest.
LSC
16/14
Members gave consideration to determine an application for the grant of a premise licence under the Licensing Act 2003 to which there had been representations from Interested Parties.

The Committee noted that the premise currently held a premises licence and was operated by Costcutter. One Stop application was for a new premises licence and they were seeking an extension to the hours for the supply of alcohol and the opening hours of the premise. It was noted that there were no planning restrictions for the premise and the premise could, if they wished, open for the hours sought albeit they could not supply alcohol for those hours unless this application was granted. If the application was granted the existing premises licence currently held by Costcutter would be surrendered.

Five representations had been received. The Committee had regard to the written objections which had been received from local residents. Members also heard from Mr Alderson and Ward Councillors, Councillor Ken Lupton and Councillor Terry Laing who had attended to speak on his behalf and present his objection.

The applicants Mrs Marklen and Mrs Coates were in attendance at the meeting and were represented by their solicitor Mrs Smith who was acting on behalf of One Stop.

Mrs Smith on behalf of One Stop gave a detailed presentation on the application and the due diligence procedures operated by One Stop. Mrs Smith stated that the Police had withdrawn their objection as the applicant had agreed a number of conditions to be attached to the premises licence should the application be granted. Mrs Smith stated that there was no evidence presented by the objectors which indicated that the licensing objectives would be undermined. Mrs Smith drew the Committees attention to the Statutory Guidance which indicated that hours for the supply of alcohol should match the opening hours of the premise unless there were exceptional circumstances.

Members noted that the premise had been operating under the existing licence and there had been no history of complaints from the responsible authorities. Some of the objectors concerns related to highway and parking issues and the Committee wished to make it clear that they were not issues which could be addressed in their role and were not matters relevant to the licensing objectives. The objectors were reminded that if they had issues concerning the operation of the premise then these should be raised in the first instance with the premise licence holder.

The submission made to the Committee also included a number of issues which related to planning matters and which were not relevant considerations for the Licensing Committee. The Committee noted that the applicant operated many stores nationally and had detailed and comprehensive due diligence procedures. The Committee were satisfied that the crime and disorder objective would not be undermined if the application was granted.

The Committee were mindful that any evidence to persuade the Committee to refuse or vary the application had to be linked to the licensing objectives. The objectors concerns about what ‘may' happen at the premise were insufficient grounds to refuse an application. The Committee also noted that the representation of Mr Alderson stated that the present operation of the premise did "not cause a significant disturbance". There was no evidence to suggest that if granted the premise would deteriorate in any way or would disturb local residents.

There were no representations from any of the responsible authorities. Conditions had been agreed with Cleveland Police and these would be attached to the premises licence. It therefore followed that the other responsible authorities were satisfied that the licensing objectives would not be undermined given that they had no objection to the application.

After giving consideration to all of the evidence and representations made both in writing and orally the Committee were satisfied that the licensing objectives would not be undermined and the application for the premises licence was approved:-

Hours premises are open to the: Monday to Sunday: 06:00 to 23:00 hours
Public

Supply of alcohol for consumption : Monday to Sunday: 06:00 to 23:00 hours
off the premises

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