Agenda and minutes

Appointment of Chair for the Hearing

Councillor Porter was elected as Chair.

The Chair to arrange introductions and explain the procedure to be followed for the Hearing

The Chair introduced the Members of the Sub-Committee and officers in attendance and invited the Applicant and Other Parties to introduce themselves at the appropriate time.  The Chair explained the procedures that would be followed during the meeting.

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

Mr Mohammed Alif, Applicant

Mr Brian Kent, Applicant’s Advocate

Mr Sivakaran Somanathan, proposed Designated Premises Supervisor

Mr and Mrs Tanzillo, local residents

Mr Terry Witson, local businessman

Mr David Dorman, local resident

Mr Adrian Jones, local resident

There were no declarations of interest.

Report of the Corporate Director for Services and Neighbourhoods

The Licensing and Enforcement Officer presented a report outlining an application by Mr Mohammed Alif in respect of Kingsholm Store, 55 Worcester Street, Gloucester, GL1 3AW.  The application was for the retail sale of alcohol (off sales only) Monday to Sunday (inclusive) from 06.00 to 23.00 hours.

Details of the application were referred to as Appendix 1 to the report.

The Sub-Committee noted that the Applicant had set out in Section P of the Operating Schedule the measures proposed to be taken to promote the four licensing objectives, should the licence be granted.

The Licensing & Enforcement Officer referred to Paragraph 4.3 of the report in relation to planning restrictions and explained that since publication of the report the licensing team had been advised by Planning that the current consent for the premises was for category B1 use which allows use as a light industrial workshop and in order to open the premises as a retail shop the applicant would need to apply for planning permission for a change of use to A1.   (A1 use allows amongst other things for the retail sale of goods other than hot food which would satisfy the licence application received)  Members were reminded should they accept this application it was important to remember that having a licence did not override other regulatory controls, and premises operating in breach of their planning permission would be liable to prosecution under planning law.

Members’ attention was drawn to a representation made by the Council’s Environmental Protection Team pertaining to concerns relating to the ‘Prevention of Public Nuisance’ licensing objective.  Since the report had been published an undertaking had been reached between the Applicant and the Environmental  Protection Team which had resulted in the Team withdrawing its representation.  Members were advised that this was merely an undertaking and not intended to be attached as a condition should the licence be granted.

No other representations had been received from responsible authorities.  However, the Police had, in agreement with the applicant, proposed that should a licence be granted the conditions detailed at paragraph 5.4 of the report be added. The proposed conditions agreed between the applicant and the Police would replace any similar steps intended to promote the licensing objectives as set out in the operating schedule.

The Licensing and Enforcement Officer drew Members’ attention to representations which had been received from four local residents as ‘Other Persons’ under the Licensing Act 2003.  These were shown at Appendix 6 to the report.  The Sub-Committee was advised that three of the four representations mentioned the number of licensed outlets already operating in the area and that this matter was not a relevant consideration under the Licensing Act 2003.  Members’ attention was drawn to paragraph 13.18 of the Home Office Guidance.

Some of these representations also referred to planning considerations.  Members were advised to disregard these issues as the Sub-Committee’s purpose was to consider an application for a premises licence to be granted and that planning matters would be considered by the  ...  view the full minutes text for item 36.