Agenda item

To consider an application to provide a licensable activity in the form of Supply of Alcohol.

The Legal Advisor, Mr Terence Mitchison advised the Committee that Ms Caroline Simpson, objector to this application had telephoned to advise she had not be able to attend the Licensing Committee to make representations.   Mr Mitchison advised that the Committee should be minded to consider whether it was prudent to adjourn the application to give all parties the opportunity to attend. 

The Committee decided  to consider the application in the absence of the objector.

Ms Barrett, Licensing Officer presented the report to the Committee and highlighted the current position.  The Fire Officer had objected to the application, but that this had now been withdrawn as the works had been carried out.   The application for the opening hours and the supply of alcohol were requested from 07:00am – 11:00pm Monday to Sunday.  Ms Barrett highlighted there had been three letters of objection to the application from interested parties.

The Chair invited questions to the Licensing Officer.  The Committee requested confirmation of the locality of Durnsford Park to the premises and were advised that the Park is not hear the application.   Councillor Peacock enquired whether the Cavendish Club had a license to sell alcohol and was advised they have a license until 11pm.

The Chair invited the applicant’s representative, Mr Max Appel to address the Committee.  Mr Appel stated there was evidence to support the licensing objectives would be breached.  However, there were objections on the public nuisance objective and that Ms Locket says “I believe”, there is not fact only pure conjecture.  There is no evidence provided to support any of the three objectors claims.  Nor any evidence from the police or fire officer.  On the 14 July 2006, the applicant had written to the Licensing Officer submitting a further two conditions:

1. To install a red car alarm system connected to the police via a twenty four hour monitoring station to be installed and maintained at the premises.
2. That customers will not be allowed to congregate outside the premises.

Mr Appel also informed the Committee that the applicant was in receipt of a three page petition signed by thirty three local residents whom lived within the vicinity of 90 Trinity Road and whom were all in support of Mr Celebi’s application for a license.

The Committee posed a question to the applicant and enquired what he intended to do if customers congregated outside the shop.  He responded by stating that customers would be asked to leave or the police would be called.

RESOLVED

The Committee decided to grant the application in full and subject to the following conditions. 

The reasons for the decision were:-

1. Insufficient evidence to reject or cut down the application.
2. The Committee noted there are already premises selling alcohol in the vicinity.

The following conditions are imposed:-

1. To implement the red care alarm system connected to the police.
2. To prevent undesirable persons from congregating outside the shop.
3. The conditions to enforce the provisions of the operating schedule.
4. The standard of proof will apply if in doubt of any persons age.
5. Statutory mandatory conditions in sections 19 and 21 of the Licensing Act 2003.