Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

DETAILS OF DECISION TAKEN AND REASONS THEREFORE:

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following were relevant:

            Guildford Borough Council’s Statement of Licensing Policy

·         Section 4 – (Fundamental Principles)

·         Section 11 – 11.1 – 11.8 (Licensing Hours)

·         Section 12: 12.2.1 – 12.2.14  – (Crime and Disorder)

·           Section 12:  12.4.1 – 12.4.6 (Public Nuisance)

·         Section 13 – (Licence Conditions)

National Guidance Issued on 6 April 2017 by the Secretary of State under Section 182 of the Licensing Act 2003:

·         Paragraphs 2.1 – 2.6 – Crime and Disorder

·         Paragraphs 2.15 – 2.21 – Public Nuisance

·         Paragraphs 9.31 - 9.41 – Hearings

·        Paragraphs 9.42 - 9.44 – Determining actions that are appropriate for the promotion of the licensing objectives

·        Paragraphs 10.1-10.66 – Conditions attached to premises licences, which includes mandatory conditions to be included in every licence

The Sub-Committee heard from the Licensing Officer that the application was to vary the current premises licence of a Service Station and M&S general store based in Merrow, Guildford.  The application was to extend the period allowing the sale of alcohol, for consumption off the premises to 24 hours, 7 days a week and the provision for late night refreshment between the hours of 2300 and 0500, 7 days a week. 

The premises were located in an area with a mix of commercial, retail and residential properties.  The Service Station already had a Premises Licence to allow the sale of alcohol until 2300 hours, Monday to Saturday and 2230 hours on Sunday.  A public consultation had been held from March – April 2018 and advertised in accordance with regulations.  One objection had been received from Environmental Health who were concerned about the car park’s vicinity to local residential houses and the potential for public nuisance.   This objection had since been withdrawn owing to Environmental Health agreeing with the applicant that a CCTV camera would be installed in the car park.  Six letters of objections had been received, two from local Councillors and four from members of the public, primarily on the grounds of the prevention of crime and disorder and public nuisance.  The concerns were that the sale of alcohol and availability of hot food after 2300 hours would increase the likelihood of crime and disorder as well as having the potential to generate noise and litter from the customers. 

The Sub-Committee was reminded that the need for an outlet selling alcohol and/or late night refreshments in the local area was not a relevant licensing consideration.  The Sub-Committee also noted that they must consider the application for the grant of a premises licence on its merits.  Having regard to the relevant representations received, the Sub-Committee must take such steps (if any) as it considered appropriate for the promotion of the licensing objectives. 

The Chairman invited the applicant’s solicitor to address the Sub-Committee.  He made the following points:

·         The existing store was very successful and had operated  ...  view the full minutes text for item 4.