Agenda, decisions and minutes

To receive apologies from Members of the Sub-Committee.

No apologies for absence were received.

The Chair to announce any items of urgent business circulated separately from the main agenda.

There were no items of urgent business.

Members to declare any personal and financial interests in items on the agenda. Attention is drawn to the Council’s Constitution; the Council’s Code of Conduct and associated advice.

Resolved-

That the list of Councillors’ memberships as Council appointed representatives on outside bodies, joint committees and school governing bodies is noted.

Members are requested to confirm as an accurate record the Minutes of the meeting held on 25/03/2024.

No motion or discussion may take place upon the Minutes except as to their accuracy, and any question on this point will be determined by a majority of the Members of the body attending who were present when the matter in question was decided. Once confirmed, with or without amendment, the person presiding will sign the Minutes

 Resolved –

That the Minutes of the meeting of the Licensing Sub-Committee C held on 25^th March 2024 be agreed and signed as a true and accurate record.

Application for variation.

In reaching its decision, the Licensing Sub-Committee (“LSC”) considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under, and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the LSC did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

Having considered all written representations, evidence, and oral submissions, the LSC resolved to grant the variation of the premises licence for the sale of alcohol from midnight to 6am each day.

Basis of Decision

The LSC gave due weight to there being no representations from the police or environmental health or any other Responsible Authority to the variation of the premises licence to permit sale of alcohol from midnight to 6am daily which would enable sale of alcohol 24 hours daily from the premises.

The LSC noted and gave due weight to the premises trading 24 hours daily and the permitted provision of late night refreshment between 11pm to 5am the next day, again on a daily basis.

The LSC noted and had regard to the absence of any information or evidence of public nuisance or crime and disorder associated with the premises.

The LSC noted that the premises are situated within a Cumulative Impact Area. The CIA does not preclude the grant or variation of premises licences or limits the type of any particular premises within the CIA. The policy requires the applicant to demonstrate that there will be no adverse impact upon the licensing objectives.

The premises are subject to condition 11 within Annex 2 of the Premises Licence regarding whether the premises are an excluded premises within the requirements of section 176 of the Licensing Act 2003. There was no representation from the Police or the Licensing Authority that condition 11 is not complied with, nor any other information to the same effect. Condition 11 places a positive duty upon the licence holder to monitor the primary use of the premises and to produce 6 monthly data, with an obligation to provide

information to the police or the licensing authority upon request. The single representation against the variation expressed concerns for potential increase in anti-social behaviour, public nuisance and crime and disorder and highlighted behaviour that was not arrestable. However, there was no information or evidence that these premises are associated with any crime and disorder or public nuisance. There was no evidence of the premises being a focal point for gatherings at the premises, or in the vicinity, associated with the sale of alcohol from the premises, the premises neighbour’s a police station. The evidence of police cars attending an incident to the west of the CIA circa 11pm at night was noted by the LSC, however, there was no information that it was an alcohol related incident.

In reaching its decision, the LSC disregarded commercial interests or matters relating to  ...  view the full decision text for item 5.

Applicant:

                                                •      Robert Botkai (Legal Rep)

                                                •      Sabrina Cader

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and all parties were made aware of their right to be represented.

The Sub-Committee considered an application for TG Convenience Stores Ltd Lakedale Service Station (Texaco), 190-214 Plumstead High Street, SE18 1JH. The Licensing Officer gave an illustrated introduction to the report. He stated that the presented application is for the variation of the premises license requesting for an increase in the existing hours for the off sale of alcohol.

The officer confirmed that the applicant has observed all the legal requirement and procedures prior to the submission of the application. He also provided the LSC with a summary of the history of the applicants’ business as well as the nature and location of the premises.

The Legal representative of the applicant indicated to the LSC that prior to the submission of the application, there has been no incident or complaint received from the Police or the environment authorities regarding the applicant’s business. She added that the location of the Police station which is next to the to the premises serves as deterrent to antisocial behaviour.

In responds to the objection that the granting the licenses will put a strain on the resources, she explained that the location of the premises in the CMZ should not be used to decline this application as there is no record of complaint or objection from responsible authorities in respect to the licensing objectives. The Legal representative urged the LSC to grant the application as this will aid the applicant’s business to provide 24-hour service to customers throughout the week. She added that the premises is already equipped and staffed to operate on 24/7 schedule and the Managing supervisor is well trained and responsible.

In addressing questions from the LSC the Manager of the premises stated that regular checks with the DPS confirmed that over the past 6years there has been no record of any antisocial behaviour or gatherings at the premises. She also added that there is no waiting space for customers that use the laundry at the premises.

The Legal representative responded to the LSC question by indicating that between the hours of midnight and 6:00am, doors are completely closed. She added that all services which includes late night refreshments such as hot foods are provided via the hatch which also includes deliveries.

The Legal representative stated that the applicant takes the concerns of the residents very seriously as it is part of the local community and wants to continue to be part of that Community.

A resident objecting to the application addressed the Sub-Committee. He stated he has always benefitted immensely from the peace, serenity and tranquillity of the area and expects the Council to provide and protect his environment as it is safe to live and work in. The resident indicated that there are people in the community who do not consume alcohol responsibly. He  ...  view the full minutes text for item 5.