Agenda and draft minutes

Licensing Panel
Tuesday, 28 January 2020 10.00 am

Venue: Room 8 Ground Floor South - Time Square, Market Street, Bracknell, RG12 1JD. View directions

Contact: Lizzie Rich  01344 352253

Items
No. Item

7.

Declarations of Interest

Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.

 

Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

 

Any Member with an affected Interest in a matter must disclose the interest to the meeting.  There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.

 

Minutes:

There were no Declarations of Interest.

8.

The Procedure for Hearings at Licensing Panels pdf icon PDF 95 KB

Additional documents:

Minutes:

The procedure for hearings at Licensing Panels was noted by all parties.

9.

Application for variation of premises Licence for BP Oil Limited, Wokingham Road, Bracknell pdf icon PDF 15 KB

Additional documents:

Minutes:

The application was for variation to the Premises Licence to extend the permitted hours for sale of alcohol for consumption off the premises from the current 08:00 – 23:00 Monday to Sunday, to 00:00 – 24:00 (i.e. 24 Hours a day) Monday to Sunday and also to vary the present Licence conditions to be those as set out in Annex 1 (Mandatory Conditions) and Annex 2 (Conditions Consistent With The Premises Operating Schedule) to Annex (D) of the application, which would amalgamate, as new Licensing conditions, the existing licence conditions as set out in Annex 1 and Annex 2 of Annex D(A) of the application, with the additional measures offered to be taken by the Applicant in the promotion of the four licensing objectives as set out in Annex (C).    

 

The application did not seek to otherwise vary the current Licence permitting the applicant to provide Late Night Refreshment (being the supply of hot food or drink) between the hours of 23:00 – 05:00 Monday to Sunday.

 

The Panel carefully considered all the information presented, both written and oral, from:

 

  • the Licensing Officer who outlined the issues;
  • the Applicant,
  • the Interested Parties;

 

At the conclusion of the proceedings all participants present confirmed that they had been given the opportunity to say all they wished to say.

 

The Panel noted that there had been a previous representation made by Thames Valley Police, which had been mediated ahead of the Hearing, with two additional Licence conditions being agreed between the Applicant and Police. The Panel noted that there had been no representations made by any of the other Responsible Authorities.

 

The Panel reached its decision with a view to promoting the four Licensing objectives under the Licensing Act 2003, being the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children, noting the particular relevance of the prevention of public nuisance objective in this application as a result of representations received orally and in writing from interested parties present.   

 

The Panel reached is decision having regard to the provisions of the Licensing Act 2003, the Home Office Guidance issued in respect of the same and having regard to the Council’s own Statement of Licensing Policy.

 

The Panel noted that the Applicant’s premises, including shop, is open for business 24 hours a day and that in accordance with Home Office Guidance issued under the Licensing Act 2003, shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises during any times when the retail outlet is open for shopping unless there are good reasons based on the Licensing objectives for restricting those hours.          

 

The Panel determined that granting the application, with conditions, would not have an adverse impact on the promotion of the four Licensing objectives and so agreed to grant the variation to the Premises Licence as applied for.

 

The decision was to grant the application to permit sale of alcohol for consumption off the premises 00:00 –  ...  view the full minutes text for item 9.