Agenda and minutes

To elect a Member to act as Chair of the meeting.

Resolved

That Councillor Kevin Foster be elected as Chair for the meeting.

There were no apologies for absence.

All Members are invited to declare at this point any interests they have in items appearing on this agenda, including the nature of those interests.

There were no declarations of interest.

To confirm the procedure to be followed at the meeting.

The attached procedure was noted.

The Sub-Committee considered the report of the Corporate Director of Environment which sought determination of an application for the grant of a new premises licence in respect of Starbeck Convenience, 35a High Street, Harrogate, HG2 7LQ.

The Senior Licensing Enforcement Officer introduced the report which had been circulated to all parties.  It was confirmed that all statutory requirements had been complied with.  Members were advised that the premises subject to the licence application was currently not in use, and that the applicant intended to operate the premises as a general store, selling alcohol alongside other products.

The application was for the following licensable activities:

i.                Retail sale of alcohol

• Monday to Sunday 0600hrs until 0000hrs

ii.              Opening hours           

• Monday to Sunday 0600hrs until 0000hrs

The Sub-Committee heard that the applicant had liaised with North Yorkshire Police during the consultation period and had agreed to a reduction in both the opening hours and hours of licensable activities that were originally applied for, as well as additional conditions to form part of any licence granted.  As such, North Yorkshire Police had made no representations, nor had representations been received from any other responsible authority.

Five representations had been received from Interested Parties, which were shown at Appendix 4 to 4.9 of the report.  Members heard that the applicant’s Licensing Consultant had provided a collective response to the Interested Parties representations, shown at Appendix 5 and 5.1 of the report, however, the Interested Parties did not withdraw their representations. It was noted that none of the Interested Parties were in attendance at the hearing to make oral representations.

Finally, the Senior Licensing Officer advised that as this was an application for a new licence no complaints had been received about the premises by the Licensing Authority.

The Officer highlighted the options available to the Sub-Committee

i.                Grant the licence as applied for (subject to the reduction in hours and added conditions as agreed with North Yorkshire Police).

ii.              To grant the licence with conditions.

iii.             To reject the application in whole or part.

The Sub-Committee considered the report from the Director of Environment including appendices 1 to 6, containing written representations numbered 4 to 4.9 including the applicant’s response to the representations numbered 5 to 5.1.  All written and oral representations from all parties, whilst also taking into account the Licensing Act 2003 (as amended), the Secretary of State Guidance issued under section 182 of the Licensing Act 2003, North Yorkshire Council’s Statement of Licensing Policy, and the promotion of the licensing objectives.

The Sub-Committee Members considered no evidence had been presented to them to establish that approval of the application would fail to promote the licensing objectives and were satisfied that the applicant had addressed the promotion of the licensing objectives in her application, and that approval of the application would promote the licensing objectives.

Decision

The Sub-Committee resolved unanimously to GRANT the premises licence as detailed in the report, subject to the conditions agreed with North Yorkshire Police and  ...  view the full minutes text for item 5.