Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Tuesday, 14th April, 2015 10.00 am

Venue: Dame Ellen Terry Suite - Council House. View directions

Contact: Usha Patel  Tel: 024 7683 3198

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor Galliers be appointed as Chair for this meeting.

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

Licensing Act 2003 - Application to vary a Premises Licence pdf icon PDF 142 KB

To consider an application to vary the premises licence in respect of Costcutter Express, Black Prince Avenue, Coventry.

 

Note: The applicant and their representative have been invited to attend the

  hearing.

  Persons who have made representations have also been invited to  

   attend.

Additional documents:

Minutes:

The Sub-Committee considered an application to vary the premises licence in respect of Costcutter Express, Black Prince Avenue, Coventry:

 

1.  To extend the hours for the sale of alcohol at the premises to:

 

  Monday to Saturday: 06:00 – 23:00

  Sunday 07:00 – 23:00

 

2.  To remove restrictions on Christmas Day and Good Friday

 

3.  To vary opening hours to:

 

  00:00 – 23:59 Monday to Sunday

 

The Sub-Committee considered the written application and oral submissions made by the applicant’s representative during the hearing.  It also considered the two written representations received against the application.  It also had regard to the Home Office Guidance and the Council’s Statement of Licensing Policy.  In accordance with the High Court’s decision in Daniel Thwaites PLC v Wirral Magistrates Court, it attached the appropriate weight to the fact that none of the Responsible Authorities had objected to the application.

 

It noted that the applicant would be providing useable waste bins on site as part of its operating schedule and welcomed the verbal assurance that there would be a minimum of 4 such bins provided coupled with an undertaking to carry out weekly voluntary litter-picking on the premises to address any litter issues.  The Home Office Guidance makes the point (Para 1.16) that licence holders cannot be held responsible for the behaviour of their customers once beyond their direct control and the Sub-Committee felt that the applicant had proposed all that it reasonably could to address the objector’s concerns on this issue.

 

The other objection expressed a concern about a potential increase in crime and disorder and/or public nuisance if the application was granted. However, no details of any such incidents were given and the Police (who are the main source of advice on crime and disorder) had not objected. The Sub-Committee felt that the extension of licensable hours being sought was relatively modest and that the measures it would expect to address crime and disorder and nuisance drinkers were contained within the amended operating schedule e.g. CCTV, staff training and Challenge 25. 

 

In the light of the above, the Sub-Committee saw no reason to refuse or otherwise modify this application.  However, should the premises now prove to operate in a way that does not promote the licensing objectives then the appropriate way to address this would be by bringing a licence review.

 

RESOLVED that the application be granted.

4.

Any Other Business

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

Minutes:

There were no other items of business.