01-12-2011_agenda full

Democratic Services
LICENSING
SUB-COMMITTEE
AGENDA
THURSDAY 1 DECEMBER 2011
6:00 PM
ROOM 2
CIVIC OFFICES
CENTRAL MILTON KEYNES
MEMBERS PLEASE NOTE THAT THE BREAK-OUT MEETING
FOR THIS HEARING WILL BE ROOM 11
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COUNCILLORS BOX, EXON AND MCKENZIE
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Milton Keynes Council
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Tel: Milton Keynes (01908) 691691 Fax: (01908) 252456 Hays DX 31406 Milton Keynes
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---------------------------------------------------------------------------------------------------------------Meeting Attended:
Licensing Sub Committee
Date of Meeting:
1 December 2011
Comments:…………………………………………………………………………………….
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1.
Appointment of Chair
The Chair of the Licensing Committee, Councillor Burke, shall Chair meetings
of the Licensing Sub-Committee, if present. In the absence of the Chair, the
Vice-Chairs of the Licensing Committee, Councillors Box or McKenzie, shall
Chair meetings of the Licensing Sub-Committee. In the absence of both the
Chair and the Vice Chairs, the Licensing Sub-Committee will, as its first item
of business, elect a Chair for the meeting.
2.
Chair’s Announcement
The Chair to welcome Members, officers and the public to the meeting and
introduce Members and officers who are present.
3.
Apologies for Absence
4.
Application for to vary a Premises Licence
To consider an application for a variation of a premises licence in respect of
Bargain Booze, Two Mile Ash, Milton Keynes (The report of the Licensing
Officer is attached at Item 4) (Pages 5 to 8).
The Chair will outline the procedure to be followed by the Sub-Committee in
the determination of the application (Page 4).
Annex A
-
A copy of the application for a variation of premises
licence in respect of Bargain Booze, Two Mile Ash, Milton
Keynes (Pages 5 to 27).
Annex B
-
Representations from Environmental Health (Pages 28)
Annex C
-
Representations from Thames Valley Police (Pages 29 to
30).
Annex D
-
Representations from interested party (Page 31)
Annex E
-
Representations from interested party (Pages 32 to 33)
Annex F
-
Representations from Interested Parties (Pages 34)
3
PROCEDURE FOR THE DETERMINATION OF LICENSING
APPLICATIONS BY THE LICENSING SUB-COMMITTEE
1.
At the start of the hearing the Chair will introduce the Committee
Members and Officers and explain their roles for the purpose of the
hearing.
2.
The Chair will explain the procedure to be followed by the SubCommittee, which will normally take the form of:
3.
(a)
The Licensing Officer(s) will present the relevant details, but
make no recommendations regarding a decision on the
application to the Sub-Committee, together with information
regarding any details relevant to the application, which may
have come to light since the report was written.
(b)
The applicant (licensee) or his/her representative can present
his/her case, including calling any witnesses. Questions may
then be put to the applicant, through and with the consent of the
Chair, by the other parties and the Sub-Committee.
(c)
The other parties will present their case, but only where
representations are unresolved. Responsible authorities (within
the meaning of the legislation) will present their cases before
interested parties. Questions may then be put to those persons,
through and with the consent of the Chair, by the other parties
and the Sub-Committee.
(d)
The other parties will be invited to sum up their case.
(e)
The Applicant or his/her representative will be invited to sum up
his/her case.
(f)
The Sub-Committee will be invited to adjourn to come to its
decision. Upon adjournment, all parties will withdraw, directly or
through retirement of the Sub-Committee. The only officers who
may remain with the Sub-Committee during its adjournment
shall be the Committee Manager and the Sub-Committee’s legal
advisor.
(g)
Where the Sub-Committee has to make a decision at the end of
the hearing, all parties will be called back and informed orally of
the decision of the Sub-Committee and any conditions made,
with the reasons for those conditions.
The Sub-Committee will be permitted to retire to deliberate in private
on any matter it chooses. The Sub-Committee may seek legal advice
on a point of law at any point but the substance of any advice given in
private must be repeated in open session.
4
ITEM
4
Licensing Sub-Committee
1 December 2011
Report of:
Licensing Officer
Application:
New Premises Licence Application –
Bargain Booze, Two Mile Ash
Application
Reference No:
1.
115769
APPLICATION
Summary of application
This is an application for a new premises licence for Bargain Booze, an Offlicence based on the High Street in Two Mile Ash. The application is to
permit the off sale of alcohol only.
A copy of the application is included in Annex A.
Plan of immediate locality is included at Annex F.
Existing Activities
None
Proposed hours and activities
Further to discussion between applicant and responsible authorities and
interested parties the application now reads:
Supply of alcohol
Monday – Sunday 7am to 10pm
Opening Hours
Monday – Sunday 7am to 10pm
2.
BACKGROUND INFORMATION
The premises is located on the high street in Two Mile Ash opposite
the One Stop, close to a local school and residential properties.
1 December 2011
Licensing Sub-Committee
5
Details of licence reviews:
None
3.
PROMOTION OF LICENSING OBJECTIVES
The applicant has provided an operating schedule to form conditions
on the premises licence if granted.
The applicant will provide a CCTV system, maintain an alarm
system and they will operate a challenge 21 policy. Additional
conditions have been agreed with the Thames Valley Police.
4.
RESPONSIBLE AUTHORITIES
Environmental Health submitted a representation against this
application. Details are included at Annex B. The Officer is
concerned at the potential impact on the public nuisance licensing
objective and potential for anti-social disorder, with particular
reference to the proximity of school children. There has been some
discussion between these parties, however no agreement was
reached.
The Thames Valley Police have agreed conditions with the
applicant. These are included at Annex C.
5.
INTERESTED PARTIES
The Parish Council and a local resident withdrew their
representations following the applicant’s offer to reduce the closing
hour for sale of alcohol and opening time to 10pm seven days a
week.
There is one outstanding representation from a Sheltered Housing
Officer working at Radcote Lodge on behalf of the residents. She
has concerns over the potential for anti-social behaviour. Annex D.
There has also been a representation in favour of the application
from the sub postmaster working at the premises. He states he is
not aware of any anti-social behaviour linked to the off-licence
opposite, detailed at Annex E.
6.
POLICY CONSIDERATIONS
Licensing Authorities Statement of Licensing Policy
Guidance issued under Section 182 of the Licensing Act 2003
7.
OFFICERS OBSERVATIONS
There is no relevant history associated to the premises. As with any new
licence application, the DCMS Guidance accepts that there cannot be any
history linked to the application. Any action the Sub-Committee takes must
1 December 2011
Licensing Sub-Committee
6
be proportionate to the concerns raised and the promotion of the licensing
objectives.
Further to discussion with the objectors, there has been a degree of hearsay
evidence of anti-social behaviour in the area. It will be important for the SubCommittee to obtain more information from the relevant people during the
hearing.
8.
ASSOCIATED PAPERS
None
Contact Officer
For further information on this application please contact James Sloan on
telephone 01908 25 2801 or e-mail: james.sloan@milton-keynes.gov.uk
1 December 2011
Licensing Sub-Committee
7
ANNEX A
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Environmental Health
Service Request
Received on:
19/10/2011
At:
Category:
Received by:
Investigating Officer:
How Received:
LicensingAct2003Consultation
Deborah Jones
Gillian Clarke
Client Details:
Name:
Address:
Tel:
Mobile:
ANNEX B
421291
Letter
01270 614744
Premises Details: Premises Ref:
Business Name:
Address:
Licensing Matters Consultancy and Training
Unit 1 Weston Road
Crewe
Cheshire
CW1 6BP
Fax:
E-mail:
ABCAB672-7/1
Bargain Booze
72-74 The High Street
Two Mile Ash
Milton Keynes
MK8 8HD
I refer to the Application by Hemel Food & Wine Ltd, to apply for a Premises Licence at 72-74 High
Street, Two Mile Ash (Trading As “Bargain Booze”) .The Application is for the premises to supply
alcohol between the hours of 07:00 to 23:00 hours.
The Application does not offer any measures to prevent public nuisance or promote public safety.
Protection of Children from Harm is said to be promoted by adopting the “Challenge 21 Scheme”.
I would therefore like to make a representation on behalf of Environmental Health concerning the lack of
an operating schedule which relates to the Licensing Objective of prevention of public nuisance and
promotion of public safety. In particular, given the close proximity of public open space, residential
areas, Ashbrook School, Two Mile Ash Middle School and a pre-school, I would consider measures
should be put in place concerning the prevention of littering and prevention of patrons consuming offsale alcohol and generally loitering in the area. These controls would seek to keep the immediate
vicinity clear of refuse and prevent the shop and immediate area becoming a focus of disorder and
disturbance. I also have concerns that the early opening hours may attract anti-social behaviour at a
time when a lot of children will be walking to school
I would invite the Applicant to contact me, as I would hope to reach agreement without the need for a
Hearing.
28
m:\standard letters\requesteh.doc
ANNEX C
Premise Licence Application
Police Response
Name of premises
Address
And phone number(s)
Bargain Booze
72 – 74 High Street
Two Mile Ash
Milton Keynes
MK8 8HD
Name of applicant (individual or
company name)
Company name if different
to applicant
Hemel Food & Wine Ltd
(PLH)
Chandra Kumar Veluppillai
(DPS)
Date application received
by police & allocated to
assessing officer
TVP licensing officer dealing or
other e.g. ABO
Licensing Authority dealing with
application
Licensing Authority
licensing officer dealing
Received: 18/10/11
Allocated: 21/10/11
Liz Hodgkinson C1047
Milton Keynes
James Sloan
Applicants
correspondence
address if
different to
premise address
Date application
assessment
process began
28/10/11
Date(s) contact made between police licensing officer and applicant
or other
Name of other
person acting on
behalf of applicant
Email received 28/10/11
Hi Liz, I the applicant agree to the following condition(s) and that the
operating schedule is amended accordingly Regards Kerry From: Hodgkinson Elizabeth
[mailto:Liz.Hodgkinson@thamesvalley.pnn.police.uk]
Sent: 28 October 2011 14:52
To: Kerry Smith
Cc: Sloan, James; Hodgkinson Elizabeth;
Subject: Bargain Booze, Two Mile Ash, Milton Keynes Premise License Application
Good Afternoon,
I have met with the applicants for the above premise today to
discuss the above application, they stated verbally they would
be satisfied with the conditions below:
Police request the following conditions be added to the premise
AL 3
1
29
ANNEX C
license:
1. An adequate CCTV system must be installed,
maintained and operated at the premises before any
licensed activities can take place. The system installed
must provide images of evidential standard. The
system must retain images for a minimum of 28 days
and images must be made available for police to view
or remove on request. Relevant staff to be trained and
able to use the system.
2. All spirits are to be displayed behind the counter
3. All off sales of alcohol must be in a sealed container
4. A refusal log to record all attempts to purchase alcohol
that were refused (including to underage; unsuitable
persons; or proxy sales) shall be kept on site and all
refused sales recorded.
5. Staff involved in alcohol sales must be able to
communicate effectively in English
If the applicants agree to the above please reply stating “I
agree to the following condition(s) and that the operating
schedule is amended accordingly” and copy in the Licensing
Authority on licensing@milton-keynes.gov.uk.
Regards
Liz Hodgkinson | Licensing Officer - Milton
Keynes | Telephone: 01908 686142 | Internal: 741
6142 | Mobile: 07970 145072
Address: Licensing, Milton Keynes Police Station, 302
Witan Gate East, Central Milton Keynes, MK9
Thames Valley Police Do Not
object to the granting of this
premises licence application with
the above conditions attached
AL 3
Signed Liz Hodgkinson C1047
(Name of police licensing officer or ABO etc)
2
Date 03/11/11
30
ANNEX D
From: Paul Sherratt []
Sent: 09 November 2011 10:30
To: Sloan, James
Subject: Re: Bargain Booze Two Mile Ash
Yes sorry both closing and alcohol reduced to ten pm
Regards
Paul
Sent from my BlackBerry®
-----Original Message----From: "Sloan, James" <James.Sloan@Milton-keynes.gov.uk>
Date: Wed, 9 Nov 2011 10:25:13
To: Paul Sherratt< >
Subject: RE: Bargain Booze Two Mile Ash
Apologies Paul,
Can you confirm that you wish to reduce the hours for sale of alcohol to 10pm
as well as the closing time, if indeed this is your intention.
Cheers,
James
-----Original Message----From: Paul Sherratt [mailto:]
Sent: 09 November 2011 10:18
To: Sloan, James
Subject: RE: Bargain Booze Two Mile Ash
Hi James
I can confirm that my client is happy to reduce the closing time from 2300 to
2200 hours.
Kind regards
Paul Sherratt
Licensing Matters Ltd
Time Technology Park
Blackburn Road
Simonstone
Lancashire
BB12 7TW
www.licensingmatters.net
31
ANNEX E
32
ANNEX E
33
ANNEX F
34