Agenda and minutes

RESOLVED that Councillor Lise Noakes be elected Chair for the meeting.

The Chair introduced the Members of the Sub-Committee and officers in attendance and asked the applicants and interested parties to introduce themselves. She then explained that following the presentation of the officer’s report the applicants would have an opportunity to present their case followed by the Police representative and the interested parties. There would be an opportunity for questions following each of the above stages before each party had an opportunity to sum up with the applicants being last to speak. Members of the Sub-Committee would then withdraw to consider their decision.

In addition to the Members of the Sub-Committee and Council officers in attendance the following were present:

Jason Smith                         Applicant

Joshua Mills                         Applicant

PC Lucy Smith                     Gloucestershire Police Licensing Officer           

Mrs Valerie O’Connor         Interested party

Saji Thomas                         Interested party

Lijo John                               Interested party        

ShajeeKurian                      Interested party

To receive from Members, declarations as to personal and/or prejudicial interests and the nature of those interests in relation to any agenda item. Please see Notes 1 and 2 overleaf.

Councillors Noakes and Dee declared personal and non-prejudicial interests as one of the interested parties was known to them.

Report by Group Manager, Environmental Health and Regulatory Services

The Sub-Committee and all parties considered a report outlining an application made under Section17 of the Licensing Act, 2003 in respect of premises at 36A Bishopstone Road, Gloucester. The report was presented by Carl Knights who circulated an additional representation made by Steve Cornock who had been unable to attend in person. He noted that the report contained conditions requested by the Police,12 representations from members of the public and a petition of 84 names. He advised Members that planning permission may be required for the proposed use of premises but the Planning Department had not considered it necessary to make representations. He outlined the options available to the Sub-Committee under the Licensing Act. There were no questions.

Jason Smith, one of the applicants, advised Members that it was intended to operate a delivery service from the premises. There would be no purchases made at the premises and the address would not be included in any promotional material. Deliveries would only be made to properties with an address. Although the application was for 24 hour/7 day operation, it was not anticipated that all the hours would be used. Only one car would be used and it was expected that noise would be minimal. There were no questions.

Constable Lucy Smith, for the Police, advised that the conditions sought were detailed in the report and she had no further representation to make.

Mrs O’Connor asked why the Police had not objected to the application as the premises were located in a quiet residential area. Constable Smith explained that she had made a site visit but the Police were only able to object in relation to impact on the licensing objectives. In this case, the Police concerns were addressed by the proposed conditions and the legislation required the use of conditions to address concerns where possible. There were no further questions.

ShajeeKurian sought assurances that the premises would not be developed into a retail outlet. Mr Knights advised that the application had no hours specified so the premises could only be used as a base for making deliveries and no change could be made without a further application to vary the premises licence.   

Mrs O’Connor expressed concern that objections could only be made in relation to the four licensing objectives. She believed that there were other areas in the City more suitable to locate such a business. She believed that it would increase public nuisance and, when it became known, would be the cause of an increase in crime. She noted that houses opened directly onto the street and many were family homes as well as an old peoples’ home with 35 residents many of whom were dependent on wheelchairs.

Saji Thomas expressed his concerns about noise as he worked night shifts and had two children. He said that residents could not be sure how the business would develop and how it would be monitored. He was concerned that deliveries could be made to individuals in the nearby park.

Lijo  ...  view the full minutes text for item 4.