Agenda and minutes

Licensing Sub-Committee - Wednesday, 2nd August 2023 6.00 pm

Venue: Civic Suite, North Warehouse, The Docks, Gloucester, GL1 2EP. View directions

Contact: Democratic and Electoral Services 

Items
No. Item

8.

Election of Chair

To appoint a Chair for the meeting.

Minutes:

Councillor Finnegan was elected chair.

9.

Introductions and Procedures

Those present to introduce themselves and the Chair to outline the procedure for the meeting.

Minutes:

Those present introduced themselves and the Chair outlined the procedure for the meeting.

10.

Declarations of Interest

To receive from Members, declarations of the existence of any disclosable pecuniary, or non-pecuniary, interests and the nature of those interests in relation to any agenda item. Please see Agenda Notes.

Minutes:

There were no declarations of interest.

11.

Application for Determination pdf icon PDF 142 KB

To consider an application for a new Premises Licence at 102 Finlay Road, Gloucester.

Additional documents:

Minutes:

Licensing Officer Report

 

The Licensing Officer presented the report detailing an application for a new Premises Licence at 102 Finlay Road, Gloucester.

 

Statement of the Applicant

 

As the applicant did not attend the Sub-Committee, the committee report was taken as the applicants evidence.

 

The Chair asked how the children would be safeguarded, if the store received a licence to serve alcohol.

 

The Licensing Officer responded that all premises that served alcohol, needed to operate a “Challenge 25” policy. He said that the Police also conducted test purchases. He added that the Licensing Team also conducted checks on premises to ensure that they stuck to each condition of the licence, such as the requirement for training every six months.

 

 

Councillor Hyman asked if there had been any reports of anti-social behaviour or street drinking at other premises in the area.

 

The Licensing Officer replied that there had not.

 

Councillor Ackroyd asked why the store wished to serve alcohol as early as 7am,

 

The Licensing Officer replied that the reason may be to put them in line with other premises in Gloucester. He added that, if the opening of the store at 7am created issues, then a relevant party would be allowed to conduct a review process.

 

 

Officer Sum Up

 

The Licensing Officer outlined the options to the Sub-Committee outlined in paragraph 2.1 of the officer report.

 

 

The Decision

 

BACKGROUND

Gloucester City Council (“the Council”), being the relevant Licensing Authority, received an application dated 16th June 2023 for a new Premises licence under section 17 Licensing Act 2003 for the Premier Store, 102 Finlay Road, Gloucester.

Following two Representations from Other Persons, the Council’s licensing sub-committee (“the Panel”) held a hearing on 2nd August 2023 to determine the application.

 

HEARING

 

The Panel comprised of Councillors Finnegan, Hyman and Ackroyd.

The Panel heard from the Licensing Officer, the Applicant nor either of the Other Persons who made representations attended the hearing.

Consideration was given to relevant written Representations received from the Other Persons at the hearing. No Representations were received from the Responsible Authorities. 

 

LEGAL MATTERS

The Panel had due regard to:

  1. The provisions of the Licensing Act 2003 which confer the powers of the Licensing Authority to deal with the application; 
  2. The obligation to promote the four licensing objectives; and 
  3. The relevant sections of the Council’s Statement of Licensing Policy and Statutory Guidance.

The Panel considered that it must carry out its functions with a view to promoting the four licensing objectives, as set out in Section 4(2) of the 2003 Act. The Panel cannot take into account Representations which do not relate to one or more of those licensing objectives, and acknowledges that any Representations which are received must be relevant and evidenced-based.

 

OTHER PERSONS’ REPRESENTATIONS

 

In making written representations to the Panel, the Other Persons highlighted a number of concerns around issues of public nuisance and crime and disorder, including: