Agenda and draft minutes

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Items
No. Item

32.

CHAIRMAN FOR THE MEETING

Minutes:

It was moved by Councillor Cossens, seconded by Councillor Winfield and

 

RESOLVED – That Councillor V E Guglielmi be elected Chairman for the meeting.

 

33.

Apologies for Absence and Substitutions

The Committee is asked to note any apologies for absence and substitutions received from Members.

 

Minutes:

There were no apologies for absence or substitutions.

 

 

34.

Minutes of the Last Meeting pdf icon PDF 72 KB

To confirm and sign as a correct record, the minutes of the last meeting of the Committee, held on 1 February 2019.

Minutes:

The minutes of the meeting of the Premises/Licences Sub-Committee held on 1 February 2019 were approved as a correct record and signed by the Chairman.

 

35.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or Personal Interest, and the nature of it, in relation to any item on the agenda.

 

Minutes:

There were none.

 

36.

Questions on Notice pursuant to Council Procedure Rule 37

Subject to providing two working days’ notice, a Member of the Committee may ask the Chairman of the Committee a question on any matter in relation to which the Council has powers or duties which affect the Tendring District and which falls within the terms of reference of the Committee.

Minutes:

There were none.

 

37.

Report of the Corporate Director (Operational Services) - P-V-S Convenience Store, 139 Old Road, Clacton-on-Sea, Essex CO15 3AT pdf icon PDF 260 KB

The Sub-Committee is invited to consider an application for the variation of a Premises Licence in respect of the above premises.

Additional documents:

Minutes:

The Chairman (Councillor Guglielmi) welcomed everyone to the meeting and made introductory remarks.

 

The Council’s Licensing Manager (Karen Townshend) then gave a verbal summary of the written report and advised that the Sub-Committee had before it, for its consideration, as set out in Item A.1 of the Report of the Corporate Director (Operational Services), an application for the variation of a Premises Licence for P-V-S Convenience Store, 139 Old Road, Clacton-on-Sea.

 

Section 2.2 of the written report set out the proposed opening hours for the premises which were:

 

Every Day       -           0000 to 2359.

 

Section 3.0 of the written report set out the current licensable activities which  were:-

 

Sale of Alcohol off the premises

 

Monday to Saturday              -                       0700 to 0200

Sunday                                               -                       0700 to 0100

 

The applicant had stated the steps that they proposed to take to promote the statutory Licensing Objectives within the Operating Schedule and those steps were detailed in Sections 5.1 to 5.4 inclusive.

 

Members were further informed that one letter of representation/objection had been received from a resident in relation to this application.

 

It was reported that no Responsible Authorities had made representations on the application.

 

The Sub-Committee had before it for its information the relevant extracts from the Council’s Statement of Licensing Policy in respect of planning considerations and the statutory ‘Prevention of Public Nuisance’ Licensing Objective.

 

Members also had before them for their assistance the relevant paragraphs from the Home Office’s Section 182 Guidance that accompanied the Licensing Act 2003 in respect of the following –

 

            (1)        Prevention of Public Nuisance

            (2)        Prevention of Crime and Disorder; and

            (3)        Hours of Trading

 

The Members also had before them the Application Form and supporting documentation, a location plan and copies of the representation/objection letter.

 

The Chairman invited the Applicant, Mr Suresh Theivendram to give representations to the Sub-Committee.

 

Mr Theivendram stated that, currently, the premises were open to sell alcohol until 2 a.m. and that customers had asked him why he did not open the shop for 24 hours as there were no other shops in the area which were open for longer.

 

 

Therefore, he had decided to apply for the 24 hour licence.  He  stated that the main items that people came into the shop for at night  were bread, milk and baby items but that not a lot of alcohol was sold during that time.  He mainly sold groceries and soft drinks.  He  further stated that he had never had any problems in the past with remaining open for 24 hours.

 

 

The Chairman asked whether he thought that there would be problems if he was able to sell alcohol 24 hours a day and  Mr Theivendram replied that he had not had any problems so far.  The  lady and children living in the upstairs flat had never complained.

The Chairman asked if any Members had questions that they would like to ask Mr Theivendram.

 

 

Members asked Mr Theivendram questions and stated that the existing licence had conditions imposed by Essex Police in  ...  view the full minutes text for item 37.