Agenda and minutes

RESOLVED:

That Councillor Kerrigan be elected Chair for this meeting of the Sub-Committee.

Members are requested to give notice of any disclosable pecuniary interest, which is not already included in their Register of Members' Interests and the nature of that interest, relating to any item on the agenda in accordance with the Members Code of Conduct, before leaving the meeting room during the discussion on that particular item.

No declarations of interest were received.

Report of the Director of Built Environment

The Sub-Committee considered the report of the Director of Built Environment regarding an application by Mr Kumarakulasingam Sathiyanathan for the Grant of a Premises Licence in respect of the above premises as follows:

• The sale of alcohol by retail (off the premises);

• Hours premises to be open to public:

An objection to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

The Committee heard representations from:

• Kumarakulasingam Sathiyanathan, the Applicant, in support of the application; and

•  Mr and Mrs JE Wright, objecting to the application.

Councillors Keith, Kermode and Roche were present to observe the proceedings for training purposes and Miss A Edgeller, a placement student, was also in attendance as an observer.  All parties agreed to the observers being present.

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised, and at the end of their representations, everyone confirmed that they were satisfied they had said all they wished to say.

The Sub-Committee considered whether it would be in the public interest to exclude the public from the next part of the meeting, to enable them to give due consideration to the representations made; or whether the meeting should continue in public.  The Sub-Committee concluded that it would be in the public interest to exclude the public from this part of the meeting.

All parties confirmed that they had no objection to the observers retiring with the Sub-Committee, on the basis that they would take no part in the decision making process.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application.  The Sub-Committee returned to give their decision in public.

RESOLVED:

That the application for the grant of a Premises Licence in respect of Holly’s Mini Mart, 28-30 Heathfield Road, Birkdale, is granted as per the application submitted.

Reasons:

The Sub-Committee acknowledges the concerns of Mr and Mrs Wright with regards to the potential for noise nuisance and litter problems; however, no evidence has been presented to support their contentions.

The Sub-Committee is pleased to note that the applicant recognises the concerns of his neighbours and has agreed to use his best endeavours to ensure that their concerns will be addressed, specifically with regard to the issue of litter in the curtilage of the of the premises.  Mr. Sathiyanathan has indicated that he is committed to working with the local community and this is welcomed by the Sub-Committee.

Should however, the concerns of the interested parties come to fruition, they do have the right to request a Review of the Licence at any time.