Agenda for Licensing Sub-Committee on Monday 12th January 2009, 10.25 a.m.

Agenda and minutes

Licensing Sub-Committee - Monday 12th January 2009 10.25 a.m.

Venue: The Council House, Burcot Lane, Bromsgrove. View directions

Contact: Pauline Ross 

Items
No. Item

16.

Appointment of Chairman for the Meeting

Minutes:

RESOLVED that Councillor D. Hancox be appointed Chairman of the Sub-Committee for the meeting.

17.

Apologies for absence

Minutes:

No apologies for absence were received.

18.

Declarations of Interest

Minutes:

No declarations of interest were received.

19.

Procedure

Minutes:

The Chairman opened the Hearing and introduced the members of the Sub-Committee and officers present to the applicant and other parties present.

 

The Chairman invited the other parties to identify themselves, so that the applicant and/or the objectors were able to satisfy themselves that no person who may be in a position to influence the Sub-Committee remained in the room when the Sub-Committee considered their decision at the conclusion of the Hearing.

 

The Chairman reminded all parties of the procedure to be followed during the Hearing and that those parties present could be represented by a legal representative at their own expense, or by a Ward Councillor.

 

 

 

20.

Application to vary a premises licence in respect of asda, market street, bromsgrove

Minutes:

The Sub-Committee were asked to consider an application to vary a premises licence in respect of ASDA, Market Street, Bromsgrove.  The application was subject to a Hearing in the light of representations which had been made by 13 residents living near to the premises.  The basis of their representations related to problems associated with binge drinking, young people purchasing alcohol from the Store and consuming it in the vicinity of their residential properties, and noise nuisance from the potential increase in delivery schedules to the store.  They felt the extension in hours would only exacerbate the problems highlighted and it was considered that the proposed variation would undermine the licensing objectives, prevention of public nuisance and crime and disorder.  A representation had been received from the Council’s Environmental Health (Pollution Control) Section on the grounds of public nuisance.  However, the applicant had accommodated the concerns expressed by the Council’s Environmental Health Section, and had agreed to include a condition on their licence to restrict deliveries to the store between 6:00am and 10:00pm.  As a result of this the Council’s Environmental Health Section had withdrawn their representation.  No representations had been received from any other Responsible Authorities.

 

The Principal Licensing Officer introduced the report and in doing so, advised that a document detailing ASDA policy on the sale of alcohol had been received.  In accordance with Regulation 18 of the Licensing Act 2003 (Hearings) Regulations 2005 the Interested Parties consented to the introduction by the Applicant of the document, a copy of which was circulated and a 15 minute adjournment agreed for all parties present to read the document.  Mr. R. Johnson then put forward the case for the applicant.  Mr. R. Ward and Mr. J. Slatford (on behalf of a number of residents) made  representations on the grounds of Anti-Social Behaviour from youths purchasing alcohol from the store and noise nuisance from the potential increase in delivery schedules to the store. 

 

Having listened to the representations made by the Interested Parties, Mr. R. Johnson advised that the Applicant had agreed to a condition on their Licence to restrict deliveries to the store between 6:00am and 10:00pm.

 

Having regard to:

 

·        The licensing objectives set out in the Licensing Act 2003

·        The Council’s Statement of Licensing Policy

·        The guidance issue under section 182 of the Act

·        The application and representations made on behalf of the Applicant

·        The relevant representations made by the Interested Parties

 

RESOLVED:

(a)       that the application for the retail sale of alcohol for consumption off the premises for 24 hours every Monday through to Sunday  be granted with the inclusion of the condition that deliveries will only be made between 6:00am and 10:00pm;

(b)       that the provision of late night refreshment from 11:00pm – 5:00am every Monday through to Sunday be granted; and

(c)        that the conditions set out in Appendix A to the report are removed as per the application.

 

The reasons for the Sub-Committee’s decision were as follows:

 

·        The Sub-Committee has no power to restrict  ...  view the full minutes text for item 20.