Agenda and minutes

Licensing Panel - Wednesday, 9 September 2015 2.00 pm

Venue: Function Room, Fifth Floor, Easthampstead House, Town Square, Bracknell

Contact: Amanda Roden  01344 352253

Items
No. Item

4.

Declarations of Interest

Any Member with a Disclosable Pecuniary Interest or an Affected 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 Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

Minutes:

There were no declarations of interest.

5.

The Procedure for Hearings at Licensing Panels pdf icon PDF 65 KB

Additional documents:

Minutes:

The Chairman confirmed that all parties understood the procedure to be followed for the hearing.

6.

Application for a Variation of Premises Licence - Shell Filling Station, 102 Yorktown Road, Sandhurst, GU47 9BH pdf icon PDF 13 KB

Report for Licensing Panel

 

Annex A – Application

Annex B – Plan

Annex C – Representation

Annex D – Location Map

Annex E – Proposed Conditions

Additional documents:

Minutes:

The Panel’s decision was that the Variation of a Premises Licence for Shell Filling Station, 102 Yorktown Road, Sandhurst, GU47 9BH shall be granted, in line with the mandatory conditions and conditions consistent with the Premises Operating Schedule at Annex E, on pages 39 and 40 of the agenda papers, including a revised condition 5.

 

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

 

  • the Licensing Officer who outlined the issues;
  • the Applicant’s Representative Mr David Hook;
  • the interested party (1), who submitted oral and written representations.

 

together with reference to the Licensing Objectives: Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance, particularly noise nuisance, the Council’s own Licensing Policy and the Secretary of State’s guidance.

 

The Panel noted that none of the responsible authorities had made representations.

 

At the conclusion of the licensing panel, having heard from participants present, the participants and the applicant confirmed that they had been given the opportunity to say all they wished to say.

 

The Panel noted the concerns of the public representation, which included that the filling station was situated in a mainly residential area bisected by a main road. There were other premises nearby which people could purchase alcohol from including a Co-op, and supermarkets a short drive away. The type of trade this application would attract, in particular between the hours of 06:00 and 08:00, was a concern as well as littering and consumption of alcohol on the site and in nearby areas such as the park. The extended hours for the sale of alcohol from the site could cause further noise disturbances at the site and along the main road late at night and early in the morning. Concern was raised that extending the hours of the sale of alcohol could cause crime, disorder and disturbance in the neighbourhood. In the past, groups of young people had congregated at the site causing raised noise levels and disturbance.

 

The Applicant’s Representative clarified that the sale of alcohol was for consumption off the premises, so not on the premises or in the immediate vicinity of the premises. The forecourt at the premises was covered by Petroleum Regulations and the staff at the premises were required to have visibility over the site at all times. The site was covered by CCTV in colour and the staff needed to be responsible for the forecourt at all times whilst it was trading.

 

The pre-existing licence on the premises had been granted under the Licensing Act 1964. Under this Act there were prescribed hours for licences for the sale of alcohol and every off licence had the same hours but there was a newer Licensing Act 2003. The site sold fuel and convenience items from 06:00 to 23:00 and was no longer operated by Shell. The Applicant’s Representative was aware of concerns raised in the past when the site was operated by Shell.

 

The difference in times for selling different products on the site was a potential source of  ...  view the full minutes text for item 6.