Minutes for Licensing Sub-Committee meeting, Aug 11 2009, 10.00AM official page

RESOLVED:

That Councillor Papworth 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.

No declarations of interest were received.

Report of the Environmental Protection Director

The Sub-Committee considered the report of the Environmental Protection Director regarding an application by Mr. H. Haran for the variation of the Premises Licence in respect of the above premises as follows:

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

·          Hours premises to be open to public:

The applicant wished to remove the following Condition.

·          All alcohol shall be securely stored and screened from the public via the use of clear Perspex security dividers.

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

 The Sub-Committee heard representations from:

(1)

 Mr H. Haran, Designated Premises Supervisor and Ms G.Sherratt, Solicitor representing Mr Haran, in support of the application; and

(2)

Ms G. Davis on behalf of Mrs Taylor, local resident, and

(3)

Mr A. Warnock,  objecting to the application.

All parties agreed the issues that were in contention and the procedure that was to be followed. There were no further preliminary issues raised and at the end of the representations, everyone confirmed that they were satisfied 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 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 Premise Licence in respect of Supersaver, Unit 8, Pendle View, Litherland is granted as follows;-

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

·          Hours premises to be open to public:

The condition “All Alcohol shall be securely stored and screened from the public via the use of clear Perspex security dividers” be removed from the licence.

Subject to the following condition;-

The designated premises supervisor/shop manager shall take all reasonable steps to prevent annoyance/nuisance by persons’ entering/leaving the premises and shall remind those persons that the premises are in a residential area and shall provide suitable notices to that effect.

Reasons:-

The Sub-Committee have heard representations from Ms.Sherratt and Mr Haran in support of the application and Mr Warnock and Ms Davies on behalf of Mrs Taylor objecting to the Application.

The Sub-Committee accept the evidence from the residents and that there is a problem of nuisance outside of the premises, and whilst we accept that the premises is not wholly responsible for that nuisance, clearly when this premise alone is open the nuisance cannot be attributed elsewhere.

The Licensing Act imposes a duty upon the Sub-Committee to prevent public nuisance and by restricting the hours at the latter end of the day the Sub-Committee are preventing nuisance to the residents.

 We take this opportunity to remind residents of the right of review, should any problems arise in the future.