Agenda and minutes

Licensing Act 2003 Sub-Committee - Thursday, 14th November 2013 2.00 pm

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Venue: Council Chamber

Contact: Dianne Scambler  Email: dianne.scambler@chorley.gov.uk

Items
No. Item

13.LAS.29

Apologies for absence

Minutes:

There were no apologies for absence.

13.LAS.30

Declarations of Any Interests

Minutes:

There were no declarations of any interests.

13.LAS.31

Procedure pdf icon PDF 48 KB

A general procedure guidance note is enclosed for information.

Minutes:

The Chair outlined the procedure for the hearing.

13.LAS.32

Determination of application for a premises licence pdf icon PDF 484 KB

Report of the Director of People and Places (enclosed)

Additional documents:

Minutes:

The Licensing Sub Committee considered the application for the granting of a premises licence made by Mr Anantharaja Ganeshpillai of 11 Micklehurst Avenue, West Didsbury, Manchester M20 2XR in respect of the Nisa Store, 194-196 Eaves Lane, Chorley PR6 0AU, under Section 17 of the Licensing Act 2003.

 

The Licensing Act 2003 Sub Committee considered the applicant’s application and verbal representations for the granting of the licence and also took into account all the representations both written and verbal that had been made by local residents who were objecting to the proposals.

 

The premises were formally newsagents for many years and anecdotal evidence suggested that the newsagent operated between 6.00 – 19.30 hours with no alcohol previously being sold at the premises.

 

The applicant, Mr Ganeshpillai, the proposed Designated Premises Supervisor was requesting operating hours of 06.30 – 23.30 for the supply of alcohol. Along with the mandatory conditions, the applicant had also included a number of additional conditions, mainly concerned with the selling of alcohol that had been agreed with Lancashire Constabulary.

 

Members noted that a petition had been received by the Council that had included 138 signatures objecting to the application. There were three reasons attached to the petition, of which only one had been deemed a relevant representation as defined in Section 18 of the Licensing Act 2003 and related to the Prevention of Crime and Disorder and Prevention of Public Nuisance.

 

The Licensing Act 2003 Sub Committee considered the amended guidance issued under Section 182 of the Licensing Act, together with the Councils Statement of Licensing Policy, in particular those paragraphs referred to within the report. The Sub Committee also considered the Human Rights implications, in particular Article 6, Article 8 and Article 1 of the First Protocol of the proportionality Principle and the changes to the Act that have been made by the Police Reform and Social Responsibility Act 2011.

 

The Licensing Act 2003 Sub Committee RESOLVED to grant the application subject to the mandatory conditions, the further conditions referred to below, and a terminal hour of 10.30pm for the sale of alcohol, Monday to Sunday for the following reasons:

1) The Sub Committee noted that none of the responsible authorities had made any representations.

2)    The Sub Committee did not consider the representations based on the limited off road parking were relevant to the licensing objectives as they are a planning or road traffic management issue. The Sub Committee therefore considered the points at paragraph 3 of the petition received, did not relate to the licensing objectives.

3)    The Sub Committee did not consider the point at paragraph 2 of the petition submitted to relate to the licensing objectives as it suggested a need for unmet demand.

4) The Sub Committee resolved to attach the conditions set out in paragraph 10 of the report as these would promote the licensing objectives, in particular the installation of CCTV would promote the licensing objective of the prevention of crime and disorder.

5) The Sub  ...  view the full minutes text for item 13.LAS.32