Agenda and minutes

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Contact: Sonia Tucker  Democratic Services Officer

Items
No. Item

12.

Election of Chair

Minutes:

Councillor Noakes was elected as Chair.

13.

Introductions and Procedures

Minutes:

The Chair introduced the Members of the Sub-Committee and Officers in attendance and asked the Applicant and Interested parties to introduce themselves at the appropriate time.

 

She then explained that following the presentation of the Officer’s report, the Applicant would have an opportunity to present his case followed by 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 Applicant 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:

 

Mr Mike Smith – Solicitor representing the applicant

Mr Soran Mohammed Salih – the applicant

Ms Monika Baranowska – Premises Supervisor

 

Councillor Sajid Patel - Interested Party and Ward Councillor for Barton and Tredworth

14.

Declarations of Interest

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.

Minutes:

There were no declarations of interest.

15.

Application under Section 17 of the Licensing Act 2003 in respect of Wisla Supermarket, 209 Barton Street, Gloucester, GL1 4HY pdf icon PDF 5 MB

Report by the Group Manager, Environmental Health and Regulatory Services

Minutes:

The Licensing and Enforcement Officer presented the report on an application for a new premises licence made under section 17 of the Licensing Act 2003 from Soran Mohammed Salih in respect of the Wisla Supermarket, 209 Barton Street, Gloucester, GL1 4HY.  Mr Salih wished to sell alcohol for consumption off the premises between the hours of 8.00 am and 11.00 pm, Monday to Sunday (inclusive).

 

The Applicant had set out in Section P of the Operating Schedule the measures proposed to be taken to promote the four licensing objectives if the application was accepted.

 

The Committee was advised that a representation had been received from the City Council’s Environmental Protection Team (Responsible Authority) concerning a potential negative impact on the licensing objective for Public Nuisance.  However, following further negotiations between the Team and the Applicant, the representation had been withdrawn, subject to the imposition of two conditions to control litter.  No other representations had been received from Responsible Authorities.  It was further noted that Gloucestershire Police had liaised directly with the Applicant during the consultation period and had drawn up four conditions which were acceptable to the Applicant and would be added to the licence should it be granted by the Committee.  The Licensing and Enforcement Officer advised Members that the alcohol would be displayed and sold from behind the counter and also facing the counter at the opposite end of the supermarket as indicated on the plan.  The Police had agreed that condition 4 in paragraph 4.11 should be amended further to  exclude alcohol stored behind the counter from the 5m requirement, as these items were adequately controlled.

 

One representation had been received from Councillor Sajid Patel, as (Interested Party) as Councillor Patel believed that the granting of the licence would have a negative impact on all four of the licensing objectives.

 

The Licensing and Enforcement Officer then summarised the application:-

 

Having considered the application, any relevant representations, the legislative provisions, the Council’s Statement of Licensing Policy and the Home Secretary’s Guidance, Members had the following options as considered necessary to promote the Licensing Objectives:

 

(a)     To accept the application and attach conditions as consistent with the operating schedule.

 

(b)     To accept the application and modify the conditions of the licence which includes altering, omitting or adding new conditions.

 

            (c)     To reject the whole, or part of the application.

 

Members were reminded that the Licensing Objectives were:-

 

            (a)   the prevention of crime and disorder;

            (b)   public safety;

            (c)   the prevention of public nuisance;

            (d)   the protection of children from harm.

 

The Applicant’s Representative indicated he had no questions to ask of the Licensing and Enforcement Officer.

 

The Interested Party confirmed he had no questions to ask of the Licensing and Enforcement Officer.

 

A Member queried the location of the alcohol and the Licensing and Enforcement Officer explained that this was to avoid theft.

 

APPLICANT’S REPRESENTATIVE’S ADDRESS

 

Mr Mike Smith, representing the Applicant addressed the Committee.

 

Mr Smith said that this was a simple and straightforward application to sell alcohol  ...  view the full minutes text for item 15.