Agenda and minutes
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Items No. Item
Appointment of Chair for this Meeting
In accordance with the terms of reference of the Licensing Committee, the Chief Legal Officer invited nominations for the appointment of Chair for the duration of the meeting. Councillor Patmore moved that Councillor Roberts should take the Chair. This was seconded by Councillor Sinden.
RESOLVED (unanimously) that Councillor Roberts be appointed as Chair for the duration of the meeting.
Apologies for absence
Declarations of Interest
Notification of Additional Urgent Items
- Appendix A - Application , item 38. PDF 843 KB
- Appendix B - Map of Site , item 38. PDF 185 KB
- Appendix C - Letters of representation , item 38. PDF 159 KB
- Appendix D - Decision notice for earlier hearing , item 38. PDF 78 KB
Councillor Roberts set out the procedure that the Sub-Committee would adopt (in accordance with Standard Practice).
The Licensing Manager, Mr Brown, presented the report of the Assistant Director of Environment and Place in respect of an application made on 9th August for a premises licence for Ebenezer’s, 20 Norman Road, St. Leonards on Sea.
The premises does not hold a licence under the Licensing Act 2003 and currently operates as a convenience store.
The application requests the following hours:
· To have supply of alcohol for “Off” sales on Monday to Sunday from 09.00hrs to 20.00hrs.
· To have opening hours of the premises, Monday to Sunday from 07.00hrs to 23.00hrs.
Mr Brown said this is the second application for this premises licence by this applicant. The first application was refused by the Licensing Sub-Committee on 23rd April 2018 for the following reason:- “The applicant had not met the legal test required. He needed to show within his operating schedule that the granting of his application would not undermine the Licensing objectives. He has failed to do so. Furthermore, he did not mention within his oral submission anything about Cumulative Impact. He did say that he understood the Council’s Licensing Policy. The Committee have no confidence that the applicant will uphold the Licensing Objectives”.
Mr Brown explained that within Central St. Leonards there is significant evidence of alcohol problems. The matrix in the current licensing policy states that an off licence would not be the preferred type of premises. He said the onus is on the applicant to demonstrate that his premises will not add to the problems in the Cumulative Impact Zone. Mr Brown stated that applicants seeking a licence in a Saturation Policy area are advised to seek legal advice before making an application. He said that no pre-application discussion was sought from Officers or information to support the application was submitted from the applicant.
It was noted that there was an error in the application for a premises licence form (Paragraph L), Hours premises are open to the public. This should state 07.00hrs to 23.00hrs not 09.00hrs to 20.00hrs.
Kirstie Rolfe, Licensing Officer, Sussex Police, made her submission on the grounds of the ‘Prevention of Crime and Disorder’. She said their objection was based on the applicants past criminal history (see representation letter dated 05.09.18 appended to the agenda) and that the applicant had failed again to address the Council’s Special Saturation (Cumulative Impact) Policy within the operating schedule. She said the previous application was refused 6 months ago and the applicant’s convictions are not spent and will remain so until 2012. She asked the committee to refuse the application.
Mr Ballam, Environmental Protection Officer, said that he had no objection to the application, but wished to add a condition regarding delivery times to the licence if granted:- “Deliveries to the premises to take place only between the hours of 08:00 and 18:00 Monday to Friday, 08:00 and 13:00 on Saturday and not on a Sunday or ... view the full minutes text for item 38.
Additional urgent items (if any)