Licensing (Activities) Sub-Committee – 6 May 2009

Chair: To be appointed
Venue: Council Chamber, Pittwood House, Ashby Road, Scunthorpe
Time: 10am

AGENDA

  1. Appointment of Chair.
  2. Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
  3. Licensing Act 2003 – Notice of Hearing
    1. Application to grant a premises licence – Doncaster Landscape and Garden Centre, Sandtoft Road, Belton
  4. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT: Councillors L Foster, N Sherwood and Swift.

The sub-committee met at Pittwood House, Scunthorpe.

768 CHAIR – Resolved – That Councillor L Foster be hereby appointed chair for the meeting.

Councillor L Foster thereupon took the chair.

769 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.

770 (35) LICENSING ACT 2003 – APPLICATION FOR GRANT OF A PREMISES LICENCE, DONCASTER LANDSCAPE AND GARDEN CENTRE, SANDTOFT ROAD, BELTON – The Service Director Neighbourhood and Environment submitted a report advising members of an application for grant of a premises licence at the Doncaster Landscape and Garden Centre, Sandtoft Road, Belton.

Details of the application were outlined in the report, together with the application to grant a premises licence, a copy of the mediation between the applicant and Humberside Police and two letters of objection from interested parties.

There was no application to vary the procedure. However, prior to hearing any evidence, the council’s Legal Adviser informed the sub-committee that having read the papers and looked into the matter further, Mr and Mrs Cairns and Cockhill are not “interested parties” within the meaning of section 13 (3) of the Act.

The representation from Mr and Mrs. Cairns was on notepaper with an address in Doncaster. The cases of Shah v London Borough of Barnet (1983) andLevene -v- IRC (1928) make it clear that unless the statutory framework indicates otherwise, ordinary residence means the place of abode where he has settled and where he resides with some degree of continuity, apart from temporary absences. It was clear from the Cairns letter that their ordinary residence is Adwick-le-Street and they therefore do not live in the vicinity. Their letter says that it was true that the premises were not close to residential property but adds “they have not included that they are connected to a holiday park”. This seems to be an acceptance that a holiday park was not a permanent residence.

In the circumstances I have no option but to advise the sub-committee that Mr and Mrs. Cairns are not entitled to speak in their own right.

However, they are able to be called as a witness by Mr. B. Williams, who was a person involved in a business in the vicinity who has made a relevant representation.

It was therefore agreed that –

In view of the comments made by the council’s Legal Adviser, the objection from Mr and Mrs Cairns be deemed as not being a relevant representation as they do not live in the immediate vicinity of the premises. Therefore, Mr and Mrs Cairns are not entitled to speak in their own right as an interested party but may speak in support of Mr Williams’s case.

The meeting therefore continued as per the procedure.

The Service Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

  • To refuse to grant the licence
  • To grant the licence with additional conditions
  • To grant the licence without additional conditions
  • To grant the licence but restrict the licensable activities
  • To grant the licence with restricted times

The applicant, responsible authorities and the interested parties addressed the sub-committee and responded to questions.

Following the summary of the case, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –

Resolved – The Sub-Committee resolved unanimously to grant the premises license, with the following conditions –

1. Condition

That the premises shall operate as a garden centre with the provision of alcohol for customers using the bistro/café where substantive food shall be available whenever sales of alcohol take place.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety Yes
The Prevention of Public Nuisance Yes
The Protection of Children from Harm Yes

Reason

To comply with all the licensing objectives.

2. Condition

That the premises be protected by a burglar alarm system which shall be maintained in good working order. The premises shall also be covered by a CCTV system which conforms to Humberside Police Code of Practice which shall be in use when the premises are open. Copies will be made available to the Police or authorized council officers on demand.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm No

Reason

To protect patrons using the premises and to protect local residents amenities.

3. Condition

That the consumption of alcohol shall take place within the interior of the premises and the outside patio area to the rear of the premises (not the car park).

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder Yes
Public Safety No
The Prevention of Public Nuisance Yes
The Protection of Children from Harm No

Reason

To protect the local residents amenities.

4. Condition

That training take place for all members of staff serving alcohol to prevent underage sales. Any person who appears to be under 21 years of age will require identification

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance No
The Protection of Children from Harm Yes

Reason

To ensure the safety and welfare of all children visiting the premises.

5. Condition

That no electric or other artificial amplification of music be allowed.

The condition relates to the following Licensing Objectives –

Prevention of Crime and Disorder No
Public Safety No
The Prevention of Public Nuisance Yes
The Protection of Children from Harm No

Reason

To protect the amenities of local businesses and residents.