Agenda and draft minutes

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Contact: Debbie Bunce  01255 686573.

Items
No. Item

12.

Election of Chairman for the Meeting

The Sub-Committee will elect its Chairman for the meeting.

Minutes:

It was moved by Councillor Davis, seconded by Councillor Skeels and:-

 

RESOLVED – That Councillor Winfield be elected Chairman for the meeting.

13.

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.

14.

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.

15.

Report of Corporate Director (Operational Services) - A.1 Application for the Grant of a Premises Licence - Ardleigh Service Station, Colchester Road, Ardleigh, Essex CO7 7PA pdf icon PDF 260 KB

The Sub-Committee will determine an application for the grant of a Premises Licence in respect of the above premises.

Additional documents:

Minutes:

The Chairman (Councillor Winfield) 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 grant of a Premises Licence for Ardleigh Service Station.

 

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

 

Mondays to Sundays                                      0600 to 2300

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

Sale of Alcohol off the Premises

Mondays to Sundays                                      0600 to 2300

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 4.1 to 4.5 inclusive.

 

Members were further informed that ten letters of representation/objection had been received from residents in relation to this application.

 

No representations had been received from any of the Responsible Authorities.

 

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

 

The Chairman then invited the applicants to give representations to the Sub-Committee and Mr David Hook, the applicant’s Solicitor addressed the Sub-Committee.

 

Mr Hook explained that Mr Simon Stancevic the Manager and Designated Premises Supervisor of the Premises and Mr Michael Stancevic, the Area Manager were in attendance with him.

 

Mr Hook explained that Mr Simon Stancevic had thirteen year’s experience of running garages and Mr Michael Stancevic had considerably more with around twenty years experience.  Mr Simon Stancevic would be the Designated Premises Supervisor at both this site and the Ardleigh South Service Station site.  The sites were served by a team of nine staff which were shared between both sites.  Mr Simon Stancevic would be the Duty Manager at both sites.  Five of the staff had received the relevant training in relation to the sale of alcohol.

 

Mr Hook explained by reference to the plan showing the layout of the premises where the alcohol would be located.  It would be near to the counter so that it could be seen and was then farthest away from the entrance doors.  All spirits would be sold from across the counter. 

 

Mr Hook further explained that the reason that the applications had been made was that the two sites were also convenience stores which were likely to be refurbished in the future.  Mr Stancevic had experience of off-licences which operated 24 hours a day.  In most mini-markets the public expected alcohol to be sold. 

 

Mr Hook pointed out that some of the representations received in respect of this application did not fall within the Licensing Objectives.  One representation had stated that the premises had been the subject of a ram-raid but he explained that this was when the cash machine had been located in a pod outside the main building.  He said that  ...  view the full minutes text for item 15.

16.

Adjournment of Meeting

Following the conclusion of the consideration of item A.1 the Sub-Committee will then adjourn until 2.00 p.m. (or such other later time as the Chairman deems appropriate).

Minutes:

The Chairman adjourned the meeting for lunch at 11.55 a.m.  Following the adjournment, the meeting recommenced at 2.00 p.m.

17.

Report of Corporate Director (Operational Services) - A.2 Application for the Grant of a Premises Licence - Ardleigh South Service Station, Colchester Road, Ardleigh, Essex, CO7 7NS pdf icon PDF 260 KB

The Sub-Committee will determine an application for the grant of a Premises Licence in respect of the above premises.

Additional documents:

Minutes:

Following the recommencement of the meeting, Mr Hook, the Applicant’s Solicitor asked the Sub-Committee whether they wished him to go through matters again as he felt that he had covered everything in the meeting this morning and that this would substantially be the same for this application.  The Chairman agreed that it was unnecessary to give representations to the Sub-Committee again. 

 

Mr Hook said that he was happy to answer any questions that the Sub-Committee had and the Chairman asked the Members of the Sub-Committee whether they had any questions for Mr Hook or the applicants and they confirmed that they did not.

 

Members had before them the report which stated in Section 2.2 the proposed opening hours for the premises which were:-

 

Mondays to Sundays                                      0000 to 0000

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

Late Night Refreshments

Mondays to Sundays                                      2300 to 0500

Sale of Alcohol off the Premises

Mondays to Sundays                                      0000 to 0000

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 4.1 to 4.5 inclusive.

 

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

 

No representations had been received from any of the Responsible Authorities.

 

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

 

The Sub-Committee, the Council’s Solicitor and the Legal and Governance Administration Officer then withdrew from the meeting in order for the Sub-Committee to consider the application and reach its decision.

 

After a period of time the Sub-Committee, the Council’s Solicitor and the Legal and Governance Administration Officer returned to the meeting and the Council’s Solicitor confirmed that she had not provided any specific legal advice to the Sub-Committee when it was making its decision.

 

The Chairman of the Sub-Committee then read out the following decision:

 

“Application No: 20/00046/PREGR Application for the Grant of a Premises Licence – Ardleigh South Service Station, Colchester Road, Ardleigh, Essex CO7 7NS

 

1.         The Sub-Committee has given careful consideration to this application.  In reaching our decision, we have taken into account the views expressed by the Applicant, the representations received from residents along with the Guidance issued by the Secretary of State and other matters set out in the Licensing Authority’s own Statement of Licensing Policy.

 

2.         The decision of the Sub-Committee is to GRANT this application in full.

 

Finally, I must mention that all parties who are aggrieved at the decision of the Sub-Committee have a right of appeal to the Magistrates’ Court.

 

This decision was made today, 10 March 2020 and will be confirmed in writing to all parties.”