Agenda and minutes

RESOLVED

That Councillor Lise Noakes be elected Chair for the meeting.

The Chair welcomed all parties to the meeting and explained the procedure to be followed.

In addition to the Sub-Committee members the following interested parties were present:-

For the applicant

Mr Martin Liddiard                Barrister (No 5 Chambers, Birmingham)

Mr Andrew Jones                 Site Manager Tuffley Service Station

Mr James Sykes                   Territory Manager, ROC UK Ltd

Objectors

Ms.Sharon Barnard             Speaking on behalf of Mr Sheppard

Mrs. Ann Ferris                     Licencee of the Fox and Elm Public House

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.

There were no declarations of interests by members of the Sub-Committee.

Report by the Group Manager, Environmental Health and Regulatory Services

The Sub-Committee and all parties considered a report outlining an application made under section 17 of the Licensing Act 2003 in respect of premises situated at Tuffley Service Station, 387 Stroud Road, Gloucester, GL4 0DA. The application by ROC UK Ltd was for a new premises licence authorising the provision of late night refreshment Monday to Sunday 23.00 to 05.00 hrs. each day and the supply of alcohol Monday to Sunday 00.00 to 24.00 hrs each day. The application had received representations from local residents, the licensee of a public house adjacent to the application premises and a petition.

The Sub-Committee had also received additional documents which the applicant wished to refer to at the hearing; a letter from Lockett and Co., a statement of persons attending the hearing, a radius plan and the Thwaite’s case law.

On the invitation of the Chair, Mr C. Knights, Licensing and Enforcement Officer, presented the report.

There were no questions from the applicant or from the objectors.

On the invitation of the Chair, Mr M. Liddiard on behalf of the applicant presented the case in support of the application by ROC UK Ltd.

With the agreement of all parties, Mr Liddiard tabled an analysis of customer flow, shop vs forecourt for the period 1^st to 31^st March 2011. At the request of the objectors, the Sub-Committee also received an updated radius plan to include the premises of Robinswood Hill Social Club.

The Sub-Committee adjourned to allow members and all parties to consider the new information.

On reconvening, Ms. Barnard and Mrs Ferris asked questions of the applicants and replies were given.

Mr Knights, the Licensing and Enforcement Officer indicated that he had no questions to ask of the applicants.

Members of the Sub-Committee asked questions of the applicants and answers were provided.

On the invitation of the Chair, Ms. Barnard and Mrs Ferris presented the case against the application.

The Chair invited the applicants to ask questions of the interested parties and answers were provided.

Members of the Sub-Committee asked questions of the interested parties and answers were provided.

Mr Knights, the applicants and the interested parties were given the opportunity to summarise their positions.

The Sub-Committee retired from the meeting to consider their decision and then reconvened the meeting for clarification on primary use.

On returning, the Sub-Committee requested and were furnished with a transcript of the case of R (on the application of) Murco Petroleum limited v Bristol City Council (2010) and sought additional information from the applicants as to the basis upon which usage had been calculated. Mr Liddiard intimated that the applicants had based their position on footfall.

The Sub-Committee retired from the meeting to consider further their decision.

On returning, the Chair informed all parties as follows:

RESOLVED

The Sub-Committee have considered the application made under section 17 of the Licensing Act 2003 for a premises licence by ROC UK Ltd and having had regard to the representations made by the interested parties, evidence from the  ...  view the full minutes text for item 8.