Agenda and minutes

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DETAILS OF DECISION TAKEN:

The Sub-Committee considered the variation of a premises licence number GUPLA0201.  The Sub-Committee also considered the relevant sections of the Council’s Licensing Policy and the National Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 (as amended).

The Chairman confirmed that the application had been modified, and the following proposals withdrawn:

1.    Extend the sale of alcohol to 24 hours a day, 7 days a week

2.    Add the provision of late night refreshment from 23:00 to 05:00 hours 7 days a week

The Chairman confirmed that for those people wishing to speak, Proposals 1 and 2 may have been the focus of their objections. Since the Sub-Committee would not be considering these matters the Chairman would only accept speakers who were addressing Proposals 3 and 4.

The Chairman also explained that Planning and Licensing sat entirely separately and it was possible for a licence to be awarded without planning permission. The application that the Sub-Committee were considering had been submitted under Licensing legislation. Should there be any aspects required to be considered under Planning legislation it was for the applicant to submit a planning application.

The Licensing Compliance Officer advised that, a variation of a premises licence GUPLA0201 Shell Service Station, Horsley located on the A246 was sought to:

3.    To extend the current footprint and change the internal layout of the premises and;

4.    to remove the conditions listed under Annex C (Permitted hours  - Sale of Alcohol) on the current premises licence.

The premises is located close to residential properties, a hotel, and a public house. The applicant had proposed the removal of conditions listed in Annex C on page 4 of the licence.  These conditions were carried across on the conversion of the Justice’s Licence in November 2005.

The second proposal was to vary the authorised plan of the premises from the plan dated September 2013 to the plan dated August 2015.  The Planning department at Guildford Borough Council had confirmed that the current planning permission for the site restricted the hours of opening from 7am to 10pm Monday to Saturday and 9am to 8pm Sundays.  These restrictions did not affect the determination of this application, but the applicant would need to apply for planning permission to operate outside these hours.  Planning permission may also be required to change the layout of the indoor area.  

The Licensing Compliance Officer also advised that a total of 130 representations had been received from other persons, mainly on the grounds of prevention of public nuisance.  It was important to note that some of the representations referred to planning permission, impact on local businesses and demand, none of which were relevant considerations in determining a licensing application.  The Sub-Committee noted that the applicant was not required to show a need for the business for the purposes of determining a licensing application.

Some representations had referred to public safety issues and anti-social behaviour once patrons had left the site.  Home  ...  view the full minutes text for item 4.