Minutes for Licensing Sub-Committee meeting, Jun 16 2009, 10.00AM official page

RESOLVED:

 

That Councillor Friel be appointed Chair for this meeting of the Sub-Committee.

 

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

The following declaration of interest was received:

 

Member

Minute No.

Interest

Action

 

Cllr Pearson

 

7 – Licensing Act 2003 - Application for the Grant of a Premises Licence – Birkdale Store, 120-122 Guildford Road, Birkdale 

Personal – Resident in the Birkdale Area

Took part in consideration of the item and voted thereon.

 

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by McDonald’s Restaurants Limited for the variation of the Premises Licence in respect of the above premises as follows:

 

·          the provision of late night refreshment:

 

 

·                     Hours premises to be open to the public:

 

 

An objection to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

 

Mr D.Hercock, Counsel representing the applicant made an application to the Sub-Committee to consider the inadmissibility of the objector’s written representation on the basis that the objection raised no issues under the licensing objectives and that there was no indication as to who the Parish Council were representing.

 

After considering the application from Mr Hercock, the Sub-Committee dismissed the application and indicated that the Committee would proceed on the basis of the written representation received.

 

The Sub-Committee heard representations from:

 

(1)

 Mr. D. Hercock Counsel, Shoosmiths Solicitors in support of the application

 

 

The objector was not present at the meeting.

 

Mr Hercock agreed the issues that were in contention and the procedure that was to be followed. There were no preliminary issues raised and at the end of the representations, Mr Hercock confirmed that he was satisfied that he had said all he wished to say.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application. The Sub-Committee returned to give their decision in public.

 

RESOLVED:

 

That the application for the variation of the Premises Licence in respect of McDonalds’s Restaurants Ltd, Racecourse Retail Park, Ormskirk Road, Aintree is unanimously granted.

 

Reasons:

 

There has not been sufficient evidence presented today to refuse the Variation. 

 

 

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by Mr Veerasingham IIanko for the grant of a Premises Licence in respect of the above premises as follows:

 

• The sale of alcohol by retail (off the premises):

 

Monday to Saturday

07.00 to 22.00

Sunday

08.00 to 22.00

 

• Hours premises to be open to the public:

 

Monday to Saturday

07.00 to 22.00

Sunday

08.00 to 22.00

 

• Non standard timings:

 

Christmas Eve and Boxing Day

10.00 to 20.00

New Years Eve

10.00 to 20.00

New Years Day

10.00 to 20.00

Bank Holidays

07.00 to 22.00

 

Representations, objecting to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

 

The Committee heard representations from:

 

(1)

Mr. D. Brounger, Counsel, Sri Kanth & Co Solicitors on behalf of the applicant in support of the application;

 

(2)

The applicant, Mr.Veerasingham IIanko;

 

(3)

Mr.J.Inglis

Mrs. Gibson

Mr C.Hill

Mr & Mrs R McDermott

Mr & Mrs Draper

Mrs T. Limbert  

Mr & Mrs Johnston

Mr.G.Hind   all objecting to the application.

 

 

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised and at the end of their representations, everyone confirmed that they had said all they wished to say.

 

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and therefore excluded the press and public whilst they reached their decision on the application.  The Sub-Committee returned to give their decision in public.

 

RESOLVED

 

That the Premises Licence in respect of the Birkdale Store, 120-122 Guildford Road, Birkdale is granted on the following basis;-

 

 

 

• The sale of alcohol by retail (off the premises):

 

Monday to Saturday

07.00 to 21.00

Sunday

08.00 to 21.00

 

• Hours premises to be open to the public:

 

Monday to Saturday

07.00 to 21.00

Sunday

08.00 to 21.00

 

·      Non standard timings:

 

Christmas Eve and Boxing Day

10.00 to 20.00

New Years Eve

10.00 to 20.00

New Years Day

10.00 to 20.00

Bank Holidays

07.00 to 21.00

 

 

Reasons:

 

The Sub-Committee have listened carefully to the representations made on behalf and by the applicant and by each of the residents who addressed the Sub-Committee today.

 

The Sub-Committee may only consider relevant representations, which are representations that relate to the likely effect of the grant of the licence on the promotion of at least one of the licensing objectives, on this occasion the prevention of public nuisance.

 

Many of the areas covered in the representations were not relevant to the grant of a premises licence and could not be considered by the Sub-Committee.

 

The Sub-Committee has appreciated the concerns raised by, in particular Mrs. Draper in relation to the hours of opening and the disruption opening until 22.00 hours may cause and having taken those concerns into account have reduced the hours accordingly.

 

The granting of the licence itself is considered to be reasonable. The Sub-Committee has taken into account all of the issues raised regarding public nuisance.

 

Should residents concerns come to fruition there is of course the right of review.