Agenda and draft minutes

Licensing Sub-Committee
Monday 29th March, 2021 10.00 am

Venue: Online meeting - Livestreamed. View directions

Contact: Peter Mannings  Tel: (01279) 502174 Email:  peter.mannings@eastherts.gov.uk

Items
No. Item

32.

Appointment of Chairman

Minutes:

It was moved by Councillor Goldspink and seconded by Councillor Wilson, that Councillor Snowdon be appointed Chairman for the meeting.  After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Councillor Snowdon be appointed Chairman for the meeting.

33.

Apologies

To receive apologies for absence.

Minutes:

There were no apologies for absence.

34.

Chairman's Announcements

Minutes:

The Chairman said that the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on Saturday 4 April 2020 to enable Councils to hold remote committee meetings during the COVID-19 pandemic period. This was to ensure local authorities could conduct business during this current public health emergency. This meeting of the Licensing Sub-Committee was being held remotely under these regulations, via the Zoom application and was being recorded and live streamed on YouTube.

35.

Declarations of Interest

To receive any Members’ Declarations of Interest.

Minutes:

There were no declarations of interest.

36.

Minutes - 8 January and 5 February 2021 pdf icon PDF 109 KB

To approve the Minutes of Previous Sub-Committee meetings:

 

8 January 2021

5 February 2021

Additional documents:

Minutes:

It was moved by Councillor Goldspink and seconded by Councillor Wilson that the Minutes of the meetings held on 8 January  and 5 February 2021 each be confirmed as a correct record and signed by the Chairman.  After being put to the meeting and a vote taken, this motion was declared CARRIED.

 

RESOLVED – that the Minutes of the meetings held on 8 January and 5 February 2021 each be confirmed as a correct record and signed by the Chairman.

37.

Application for a Variation of a Premises Licence for Rush Green Service Station, Stanstead Road (A414), Hertford, SG13 7SH (21/0059/PLV) pdf icon PDF 131 KB

Additional documents:

Minutes:

The Senior Licensing and Enforcement Officer presented his report covering an application for a variation of a premises licence under Section 34 of the Licensing Act 2003. The Sub-Committee was advised that on 1 February 2021, an application for a variation of a premises licence was made by BP Oil Limited at Rush Green Service Station, Stanstead Road (A414), Hertford. The application sought approval to vary the current premises licence by extending the supply of alcohol between 07:00 to 23:00 daily, which equated to an increase of one hour between 07:00 to 08:00 each morning and to remove and replace all of the conditions on the premises licence.

 

The Sub-Committee was advised that the applicant had put forward a number of steps that would be taken to promote the licensing objectives and these could be found on pages 65 to 68 of the application and these included conditions in respect of the CCTV system. The Senior Licensing and Enforcement Officer detailed the nine conditions that the applicant had proposed in place of the current annexe two conditions on the licence.

 

The Sub-Committee was advised that during the 28 day statutory public consultation period, there had been eight representations from Interested Parties, which included one from the local county councillor and the other seven from residents. These representations were included at Appendix ‘B’.

The Senior Licensing and Enforcement Officer said that the representations from the Interested Parties each engaged the public safety licensing objective with one representation engaging the prevention of public nuisance objective. The main concerns of the interested parties were the extra traffic they believed this application would bring to the roundabout.

 

The Senior Licensing and Enforcement Officer said that the report covered the East Herts statement of licensing policy and the revised guidance under Section 182 of the Licensing Act 2003. The Sub-Committee should determine the application with a view to promoting the four licensing objectives and Members must consider if the applicant had evidenced whether the application would promote the licensing objectives and would not undermine them and this evidence should be balanced against the evidence given by interested parties.

 

He also said that if the Sub-Committee believed that the licensing objectives would not be undermined then the application should be granted. Members were advised that if they believed that the application would not promote the four licensing objectives, they should take appropriate and proportionate action to address these concerns. The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions, limit the hours or restrict licensable activities. The application should only be refused as a last resort and the Members’ decision should be evidence based, justified, appropriate and proportionate.

 

The Applicant’s legal representative explained that the existing licence allowed the sale of alcohol from 8:00 to 23:00 hours. He said that the applicant (BP Oil Limited) had a preference that all its store licences matched the store trading hours and this was encouraged by the government in the Section 182 guidance, unless there  ...  view the full minutes text for item 37.

38.

Application for a variation of a Premises Licence for ASDA, Watton Road, Ware, SG12 0AD (21/0056/PLV) pdf icon PDF 143 KB

Additional documents:

Minutes:

The Senior Licensing and Enforcement Officer presented his report covering an application for a variation of a premises licence under Section 34 of the Licensing Act 2003. The Sub-Committee was advised that on 3 February 2021, an application for a variation of a premises licence was made by Asda Stores Limited for ASDA, Watton Road, Ware, SG12 0AD. The application sought approval to vary the current premises licence by extending the supply of alcohol between 07:00 to 23:00 Monday to Sunday, to enable home deliveries for click and collect orders.

 

The Sub-Committee was advised that the current premises licence permitted the supply of alcohol between 08:00 and 22:00 hours Monday to Saturday and between 10:00 and 16:00 hours on Sundays. Members were advised that the store opening hours were to remain unchanged.

 

The Senior Licensing and Enforcement Officers said that the application could be found in Appendix A on pages 101 to 112 and regarding the steps to promote the licensing objectives, the applicant had stated that all existing conditions would be maintained and operated.

 

The Sub-Committee was advised however that during the 28 day statutory consultation period, the applicant had agreed further conditions with Hertfordshire Constabulary and these conditions could be found at paragraph 3.6 of the report. The additional conditions were summarised by the Senior Licensing and Enforcement Officer, and included details of CCTV, age verification policy, notices advertising the age verification policy, staff training on the Challenge 25 scheme, and the maintenance of an incident book or electronic log.

 

The Senior Licensing and Enforcement Officers said there had been three representations from Interested Parties during the 28 statutory consultation period; and details of these representations could be found at Appendix ‘B’ on pages 113 to 116 of the Agenda.

The Senior Licensing and Enforcement Officer said that the representations from the Interested Parties each engaged the engaged the prevention of public nuisance and prevention of crime and disorder licensing objectives. Members were advised that another representation had mentioned public safety and the main concerns of the interested parties were extra traffic and noise during the extended period of sales.

 

The Sub-Committee was advised that in respect of crime and disorder, it should be noted that the police had been consulted and due to the agreed conditions, they were satisfied that this licensing objective would not be undermined.

 

The Senior Licensing and Enforcement Officer said that the report covered the East Herts statement of licensing policy and the revised guidance under Section 182 of the Licensing Act 2003. The Sub-Committee should determine the application with a view to promoting the four licensing objectives and Members must consider if the applicant had evidenced whether the application would promote the licensing objectives and would not undermine them and this evidence should be balanced against the evidence given by interested parties.

 

He also said that if the Sub-Committee believed that the licensing objectives would not be undermined then the application should be granted. Members were advised that if they believed that  ...  view the full minutes text for item 38.

39.

Urgent Business

To consider such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration and is not likely to involve the disclosure of exempt information.

Minutes:

There was no urgent business.