Agenda and minutes

RESOLVED:

That Councillor Waterfield 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 Head of Highways and Public Protection regarding an application by Mr Darren Boyd-Preece for the Variation of a Premises Licence in respect of the above premises.

A letter of objection to the application had been received from members of the public and this necessitated a hearing for which the Sub-Committee had been convened. None of the objectors were present at the meeting.

The Sub-Committee heard representations from Mr Darren Boyd-Preece, Applicant and Designated Premises Supervisor, in support of the application.

At the end of his representations, Mr Darren Boyd-Preece 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 their decision in public.

Decision

RESOLVED: That

The Application for the Variation of the Premises Licence for the Dram Gift Shop, 76 Botanic Road, Southport PR9 7NE, be granted.

Reasons:

The Sub-Committee notes that this application is for the variation of an already established Premises Licence and is bound to have regard to the appropriate legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy.

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. None of the responsible authorities have submitted any representations on this occasion. Licensing authorities must not impose predetermined 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 address issues that are dealt with by other statutory or common law regimes. The Sub-Committee must grant a variation, unless to do so would undermine the licensing objectives. The Sub-Committee has not heard or received any evidence that the objectors’ concerns in respect of public nuisance will occur as a result of the alcohol licence being varied.

The Sub-Committee is keen to stress that the variation to the hours which the Applicant is licensed to sell alcohol from this premises does not affect any restrictions on the hours of trading within the Applicant’s tenancy agreement.

The Sub-Committee is satisfied that the Applicant has evidenced his respect for local residents and the community. The Sub-Committee concludes that should any concerns come  ...  view the full minutes text for item 28.