Licensing Sub-Committee Minutes

Date:
Monday, 7th April, 2014
Time:
11.30 am
Place:
New Council Chamber, Town Hall, Reigate
 

Attendance Details

Present:
Councillor S. Farrer (Chairman); Councillors B. Truscott and Mrs R. Turner
Min NoDescriptionResolution
Part I
43. APOLOGIES FOR ABSENCE AND CONSTITUTION OF THE LICENSING SUB COMMITTEE
Prior to the meeting both Councillors Mrs Poulter and Kelly advised officers that they were acquainted with one of the objectors and offered apologies for no longer being able to sit on the Sub Committee.
The Sub Committee was therefore reconstituted as set out above.
44 MINUTES
RESOLVED

(1) that the minutes of the meeting held on 2 December 2013 be confirmed as a correct record; and
(2) that consideration of the minutes from the meeting held on 23 January 2014 be deferred to a future meeting.
45 DECLARATIONS OF INTEREST
There were no declarations of interest.
46 LICENSING HEARING PROCEDURE NOTE
RESOLVED, to note the procedure note, to be followed at the discretion of the Chairman.
47 APPLICATION FOR A NEW PREMISES LICENCE:
ST MARCUS FINE FOODS LTD , 70 BRIGHTON ROAD, LOWER KINGSWOOD KT20 6SY

The Licensing Sub Committee RESOLVED as follows:


APPLICATION FOR A PREMISES LICENCE
in respect of ST MARCUS FINE FOODS LTD, 70 BRIGHTON ROAD, LOWER KINGSWOOD

GRANTED AS APPLIED FOR and set out below:

Supply of alcohol for sale off the premises:
09h00 to 21h00 Monday to Saturday
10h00 to 21h00 Sunday

Hours premises are open to the public
09h00 to 21h00 Monday to Sunday

subject to such conditions as are consistent with the operating schedule accompanying the application.

Reasons for the decision

1. The Sub Committee considered all the evidence submitted, both in the written application and representations and during the oral submissions at the hearing. The objections on anti-social behaviour were taken into account but the other objections on cumulative impact and traffic were given no weight, as they are not relevant to the licensing objectives.

The Sub Committee noted that two of the three persons having made written representations did not attend the hearing. County Councillor Gardner was making representations on his own behalf, as a local resident, and not as a county councillor or on behalf of other local residents.

In reaching its decision the Sub Committee took into consideration:

i. All papers and evidence relevant to their consideration of the application based upon the four licensing objectives.

ii. The Council's own Statement of Licensing Policy, the Guidance issued by the Secretary of State under s.182 of the Licensing Act 2003, Equality Act 2010, the individual merits of the case, Human Rights legislation and the rules of natural justice;

and considered that the application as granted met the four licensing objectives, based upon the relevant evidence and guidance.

It was noted that the written decision hereby issued takes precedence over the drafted decision released verbally at the close of the hearing.
48 APPLICATION FOR A NEW PREMISES LICENCE:
REDHILL & REIGATE GOLF CLUB, CLARENCE LODGE, PENDLETON ROAD, REDHILL RH1 6LB

RESOLVED that the licence be GRANTED AS APPLIED FOR, subject to the following conditions:

(i) The Club is to ensure that the car park is clear of all activity 20 minutes after the end of the permitted opening hours.

(ii) The Club is to ensure that a steward patrols the car park during regulated entertainments no less than every half an hour.

(iii) The Licensee shall ensure that any music provided shall not cause a disturbance to local residents. At all times any music provided shall be inaudible in any residential property, the test of which is that it shall be no more than barely audible at the boundary of any residential property.

(iv) External lighting to be kept to a minimum compatible with safety purposes after 23.00 hours.

(v) No regulated entertainments are to take place outside the building and the term ‘outside the building' includes within a tent, marquee, lightweight or temporary structure, vehicle or anything similar to any of the aforementioned.

(vi) The applicant will place notices on the premises and the car park requesting patrons to leave the premises in a quiet and orderly manner in consideration of their neighbours.

(vii) The licence holder will adopt a Challenge 25 age verification policy that requires staff to ask anyone who appears to be under 25 years old to show valid proof of age before being sold alcohol.

(viii) All staff employed in a position that includes the sale of alcohol will receive training regarding the premises age verification policy and how to check proof of age before being authorised to sell alcohol. Records of this training will be kept and will be available for inspection on request from a Responsible Authority.
12.32 pm

Minute

Min NoMinute
44It was noted that minutes may only be approved where a member of the
sub-committee for that meeting was present.

Due to the reconstitution of the Sub-Committee and its new membership, it would not be possible to consider the minutes from the meeting held on 23 January 2014.

47In attendance and speaking at the hearing:

Applicant: Mr E. St. Marcus

Licensing officer: Mr P. Holliday

Making representations: Mr B. Gardner*

* Mr Gardner confirmed that he was a Surrey County Councillor, however, he was making representations on his own behalf as a local resident, and not representing the views of other residents.

The Committee considered an application for a premises licence at the above premises.

The licensing officer presented the application.

It was noted that a letter from the applicant had been circulated by email to all parties prior to the meeting. Copies were also made available at the meeting.

The report before the Sub Committee set out the details of the application and included copies of the representations received from three local residents, raising concerns of anti-social behaviour.

The applicant attended the hearing and in the course of his presentation the following points were noted:

• Mr St Marcus had been in business for 30 years selling mainly South African products, including beer, cider and liquors.
• The products were aimed at a specific demographic and were unlikely to be a source of competition for other local premises.
• His other shops were in Roehampton, Kingston and on the Holmethorpe Estate and there had never been any problems with local residents at any of these branches.
• This application site would replace his premises in Holmethorpe, which had been open for the past ten years.
• Parking would not be an issue because there were spaces at the rear of the premises.
• Opening hours of 09h00 to 21h00 were being applied for, although he was considering trialling an earlier start time.

Mr Gardner made representations, during the course of which the following points were noted:

• Mr Gardner lived in close proximity to the premises.
• Also nearby there was a school, church and local playground.
• Consumption of alcohol could lead to antisocial behaviour causing public nuisance and disorder in a residential area.
• The applicant referred to expecting people to come in four or five cars at a time, but there are only three parking spaces at the rear, so there would be an issue with parking provision.
• Road safety itself was an issue. Access to the premises was from a slip road off the busy A217 trunk road. The location was close to a pedestrian crossing where traffic is known to speed up when moving off, so an increase in cars turning off onto the slip road or pulling out onto the A217 would be a further potential hazard.
• There is no need for the premises.
• The premises will be open seven days a week, encouraging a culture of drinking. The applicant's suggestion that the store may open even earlier was a further cause of concern.
• The sale of alcohol was likely to result in anti social behaviour and may lead to people drinking and driving.

The Sub Committee then put questions to the parties, during the course of which the following points were noted:

• In response to a question about where the occupier of the flat above the premises would park:
the applicant responded that the flat was to be vacated by the current tenant and would be occupied by his daughter who did not require parking. It was also his intention to transform the garden into additional parking.

• In response to a question about where the staff would park:
the applicant responded that he would be transferring the staff from his Holmethorpe premises, none of whom had cars.

• In response to a question about the opening hours:
the applicant responded that he would like to operate an earlier opening time of 7 or 8 am for a trial period.

• Following on from this question, the Chairman asked the applicant whether he was aware that he could not change the opening hours that may be granted today without making a separate formal application for a variation.
The applicant confirmed that he had not been aware of this, but that it was not an issue as he would now adhere to the opening hours requested.
The applicant also confirmed his intention not to sell alcohol before 10 am on a Sunday and that he was aware of the need to remove it from display during the opening hours of 9 am and 10 am on that day.

• Mr Gardner raised a concern about the applicant's stated intention of surfacing over the garden to provide additional parking
and it was noted that this was a matter which was likely to require planning consent, and that it was not a matter for the Licensing Sub Committee to consider.

The Chairman then invited the parties to sum up and the following points were noted:

On behalf of the applicant:

All the produce on sale was South African and it was unlikely to be competing with other local stores.

On behalf of Mr Gardner:

Paragraph 4 of Mr St Marcus's letter referred to his other premises, but they did not remain open until 21h00.

With regard to the reference in his letter, to the demographics of his clientele, it was his view that alcohol did not respect such boundaries.

(The Sub-Committee adjourned to deliberate at 11.56 am
and resumed at 12.30 pm to give its decision.)
48The Committee was advised that an application had been received for a new premises licence authorising the supply of alcohol for consumption on and off the premises and regulated entertainment from 08.00 hrs to 02.00 hrs every day, with the premises open to the public for the same hours.

Valid representations were subsequently received from two responsible authorities, however, following mediation, agreement was reached between all the parties subject to the addition of conditions to the licence.

Formal approval was therefore being sought from the Sub-Committee