Agenda and minutes

There were no apologies for absence.

The Chair will consider the admission of any late items of urgent business.  (Late items will be considered under the agenda item where they appear.  New items will be dealt with at item 7 below).

There were no items of urgent business.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at he commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

To approve the minutes of the previous meeting of the Licensing Sub Committee B held on 12 February 2009.

RESOLVED

That the minutes of the Licensing Sub Committee B meeting held on 12 February 2009 be approved.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Gambling Act 2005 or the Licensing Act 2003.  A copy of the procedure is attached.

Noted.

To consider an application to provide the supply alcohol for consumption off the premises.

The Licensing Officer, Ms Dale Barrett, presented the report on the application to supply alcohol for consumption off the premises.  Ms Barrett, reported that the Police had made representations that the applicant should ask for verification of a persons proof of age prior to the sale of alcohol.  The applicant had agreed to this recommendation.  The Noise Team had also made representations that:

• A complaints book would be kept on the premises.
• Illuminated external signage would be switched off when the premises were closed.

The Committee was further informed that representations had also been received from interested parties.  Concern had been raised in relation to nuisance, loitering, litter, anti-social behaviour and safety issues.

A local resident addressed the Committee and raised concern regarding various issues; people hanging around the vicinity, drinking alcohol, harassing customers and fighting around the shops.  During a particular incident fighting had broken out, the police had been called when glass was broken and rubbish left in the streets outside the premises.   There was a further safety issue in relation to patients visiting the pharmacy and being harassed by street drinkers. 

The Committee enquired of the objectors whether they had personally seen the perpetrators coming from inside the application premises and at what time the incident had taken place.  In response the Committee was advised by the objectors that the incident had happened between 1 and 2 o’clock during the day.  A letter had been written to the Council to ascertain whether Westbury Road was within the alcohol free zone.  The Chair requested that enquiries be made to ensure that Mr Shah received a response to his enquiry. 

The applicant addressed the Committee and advised that the premises was a Polish food shop trading for three or four years.  The applicant had taken over the premises in January 2008 and had previous experience working in a shop in Poland.  The issues raised by the objectors had nothing to do with the premises as they did not sell alcohol at present and was unaware of any difficulties experienced by other traders and local residents.  The applicant would not sell alcohol to customers who appeared to be under the influence of alcohol and would keep order in her shop. 

In response to questions raised by the Committee the applicant’s representative advised that the applicant had no direct experience of selling alcohol however, she had been trained and was aware of her obligations.  There were also a number of other shops in the vicinity selling food and alcohol catering for other ethnic communities not just Polish people.

In summary the applicant’s representative requested the Committee to grant the application as there was no basis for the objections heard that related directly to the premises.

RESOLVED

The Committee decided to grant the application as sought, subject to the following conditions:

1. Mandatory Statutory condition under Section 19 of the Act.
2. That the licence holder complies with the provisions of the operating schedule.
3. Internal and external digital CCTV shall be installed to include  ...  view the full minutes text for item 22.

To consider any new items admitted under item 2 above.

There were no new items of urgent business.

The meeting concluded at 9:05pm.