Agenda and minutes

RESOLVED:

That Councillor John Kelly be appointed as Chair for this meeting of the Sub-Committee.

Members and Officers are requested to give notice of any personal or prejudicial interest and the nature of that interest, relating to any item on the agenda in accordance with the relevant Code of Conduct.

No declarations of any disclosable pecuniary interests or personal interests were received.

Report of the Assistant Director of Place (Highways and Public Protection)

The Sub-Committee considered the report of the Assistant Director of Place (Highways and Public Protection) regarding an application by Mr Daban Zahir Karim for the Grant of a Premises Licence in respect of Eastbank Street Store, 117 Eastbank Street, Southport, PR8 1DQ.

Six letters of objection had been received from local residents and this necessitated a hearing for which the Sub-Committee had been convened.

The Sub-Committee heard representations from Mr Ian Rushton (Applicant’s Representative)in support of the application.

Mr Rushton agreed the issues that were in contention and the procedure that was to be followed.

At the end of his representations, Mr Rushton confirmed that he was satisfied that he had said all he wished to say.

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 its decision in public.

Decision

RESOLVED: 

That the Application for the Grant of a Premises Licence in respect of Eastbank Street Store, 117 Eastbank Street, Southport, PR8 1DQ, be granted subject to the hours set out below and the conditions set out in the operating schedule:

Reasons:

The Sub-Committee heard from the Applicant’s representative and had considered the written representations of local residents and businesses objecting to the application.

During the Hearing, the Applicant’s representative reduced the hours of sale by retail off the premises Sunday to Thursday to 9 am - 12 midnight.

The Sub-Committee noted that this application is for the grant of a new Premises Licence and is bound to have regard to the appropriate Legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy. The Sub-Committee must grant the application unless it can be shown that to do so would be contrary to one of the licensing objectives. Statutory guidance states that Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities; no representations were received from any of the responsible authorities in response to this application. Licensing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application. Shops, stores, and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.

The Sub-Committee cannot impose conditions that are, or could be considered disproportionate, overly burdensome, or purely aspirational. In addition, the Sub-Committee cannot  ...  view the full minutes text for item 6.