Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 12th April, 2016
Time:
10.00am
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton(Chair), Cllr Bill Woodhead, Cllr Eileen Johnson
Officers:
M Mackinnon(A&H), J Allwood(CS), J Nertney(HR,L&C), S Mills(AD&ES)
In Attendance:
PC Iceton and her Legal representative Lauren Cookson, Mr David Kitchen(Applicants Solicitor)
Item Description Decision
Public
LSC
1/16		 APPOINTMENT OF CHAIRMAN
 RESOLVED that Councillor Kirton be appointed as Chairman for this meeting only.
LSC
2/16		 EVACUATION PROCEDURE
Preamble
 
LSC
3/16		 DECLARATIONS OF INTEREST
Preamble
 
LSC
4/16		 LICENSING ACT 2003
APPLICATION FOR GRANT OF A LICENCE
USMAN FOODSTORE, 53 YARM LANE, STOCKTON OF TEES
Preamble
RESOLVED that the application for Grant of a Licence, Usman Foodstore, 53 Yarm Lane, Stockton of Tees be refused as detailed above.
LSC
5/16		 EXCLUSION OF THE PUBLIC
 RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
Confidential
LSC
6/16		 LICENSING ACT 2003
APPLICATION FOR GRANT OF A LICENCE
USMAN FOODSTORE, 53 YARM LANE, STOCKTON ON TEES
  • Report
  • |
    Appendix 1
  • |
    Designated Premise Supervisor
  • |
    Appendix 2
  • |
    Appendix 3
  • |
    Statement I
  • |
    Dispersal Power
  • |
    Statement B
  • |
    Statement T
  • |
    Statement S
Preamble
RESOLVED that the information be noted.
10:00

Preamble

ItemPreamble
LSC
2/16		The Evacuation Procedure was noted.
LSC
3/16		There were no declarations of interest.
LSC
4/16		Members were required to determine an application for grant of a licence for the premise Usman Foodstore, 53 Yarm Lane, Stockton on Tees.

Members were advised that the applicant had applied for a licence for the supply of Alcohol Off the premises, Monday to Sunday 11:00 until 22:00.

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

The Applicant was not in attendance at the meeting however his Legal representative Mr David Kitchen was at the meeting and had been provided with a copy of all documentation prior to the meeting.

Representation had been received from Trading Standards, Cleveland Police and Public Health. The representations related to the prevention of crime and disorder, prevention of public nuisance, protection of children from harm and public safety objectives.

Miss Cookson appeared on behalf of Cleveland Police and called evidence from PC Iceton. The Committee noted that PC Icetons evidence had been set out in her witness statement. PC Iceton stated that she had concerns over the running of the premise as they had undertaken a joint visit with Trading Standards officers and at that time the members of staff present had no training records and the refusals register kept at the premise had last been completed in 2011. PC Iceton stated that staff were very polite but that they had little or no knowledge of training issues or the refusals register. PC Iceton informed the Committee that the area in which the premise was located was subject to a Dispersal Order. The locality was a hotspot for disorder and criminal activity in the Force area. PC Iceton also referred to statements that had been taken from other businesses in the area who were experiencing problems that related to drunk people within the vicinity.

The Committee noted that Miss Allwood’s evidence had been set out in her witness statement. Miss Allwood gave oral evidence to the Committee and stated that in her view the management controls being exercised at the premise were minimal and she was of the view that the licensing objectives would be undermined if the licence was granted.

The Committee noted that Mrs Mackinnon’s evidence had been set out in her witness statement. Mrs Mackinnon gave oral evidence to the Committee which informed the Committee that in general the evidence available indicated that increase in the availability of alcohol was relevant to public health statistics.

Mr Kitchen represented the applicant and apologised to the Committee for his non-attendance and indicated that he understood the applicant had left the Country at short notice to travel to Pakistan.

Mr Kitchen stated that he noted the current issues which existed in the locality as he also had an office nearby. Mr Kitchen stated that the existing problems could not be blamed upon Mr Hussains premise as he currently did not supply alcohol.

Members were respectfully reminded of the need to give due consideration to Stockton Borough Councils Licensing Policy Statement and the Section 182 Revised Guidance issued October 2012 under the Licensing Act 2003 when determining the application.

The Committee were mindful that any evidence to persuade the Committee to refuse or vary the application had to be linked to the licensing objectives. The Committee were mindful that this was a new application but that a similar application had been made by the applicant in 2012 when it had been refused. It was noted that the applicant did not have any experience of running a premise with a licence to supply alcohol and that the relevant authorities had concerns over the ability of the applicant to promote his obligations under the licensing objectives. The Committee noted that the applicant had not attended the meeting and therefore had not given any oral evidence in relation to how he would promote the licensing objectives. The responsible authorities had also been unable to question the applicant or seek any clarification from him.

The Committee were mindful of the location of the premise and that it was in an area that was a hotspot for alcohol related incidents. The Committee were of the view that the location of the premise coupled with the fact that the applicant had provided little or no due diligence evidence gave the Committee sufficient grounds to refuse the application.

After giving consideration to all of the evidence and representations made both in writing and orally the Committee were satisfied that on the evidence available to them that if granted the licensing objectives would be undermined and therefore the application for the premises licence was refused.
LSC
6/16		This item was the confidential information in relation to the item 'Licensing Act 2003 Application for Grant of a Licence
Usman Foodstore, 53 Yarm Lane, Stockton on Tees'. Please refer to the above for the Committee's decision.

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