Decision Maker: Licensing (2003 Act) Sub-Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
SOUTH CAMBRIDGESHIRE DISTRICT COUNCIL
Date of Hearing: |
22 June 2017
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Members of Panel: |
Councillor Deborah Roberts - Chairman Councillor Kevin Cuffley Councillor Alex Riley
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Applicant’s Name: |
Co-operative Group Food Limited
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Premises Address: |
Church Street Gamlingay
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Application: |
Variation of a premises licence
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Those present at the hearing:
Sub-Committee: |
Councillor Deborah Roberts (Chairman) |
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Councillor Kevin Cuffley |
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Councillor Alex Riley |
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SCDC Officers: |
Myles Bebbington, Head of Service, Environmental Health and Licensing |
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Suzanne Christie, Environmental Health Officer |
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Virginia Lloyd, Senior Lawyer |
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Victoria Wallace, Democratic Services Officer John Goodwin, Regulatory Enforcement Officer (present as an observer) |
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Applicant: |
Richard Arnott, Solicitor acting on behalf of the Co-operative Group |
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Paul Slade, Area Manager, Co-Op |
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Mark Bellamy, Store Manager, Co-Op, Gamlingay |
The application
The application for a variation of premises licence for the Co-Op Stores, Church Street Gamlingay, was served in accordance with the Licensing Act 2003.
The requirements for advertising and displaying relevant notices were carried out in accordance with the Licensing Act 2003.
The proposed variation if approved would extend the hours for the sale of alcohol to the public
A summary of the main changes are: -
*Since receiving the representee’s objection to the proposal for an extension to the permitted hours for sale of alcohol, the Co-Op has applied to vary its application. The Co-Op is applying to amend its commencement hours for sale of alcohol from 07.00 to 23.00 Monday to Sunday all year.
Background
The Co-op is located on Church Street running through the village and is generally located in close proximity to residential premises.
The current premises licence does not limit opening times to the public.
The current permitted hours for sale of alcohol are:
Monday to Saturday 08.00 to 23.00
Sunday 10.00 to 22.30
Good Friday 08.00 to 22.30
Christmas Day 12.00 to 15.00 & 19.00 to 22.30
The Sub-Committee must be mindful to focus only on the proposed variations when considering representations e.g. extension to alcohol sales.
Relevant representations
A written representation from Mrs Kennedy who lives in close proximity to the Co-Op was received on 1st June 2017 concerning the proposed alcohol extensions. The representation is primarily concerned with the Public Nuisance objective relating to noise from deliveries and customers. The Licensing Officer notified Mrs Kennedy in writing that the Co-Op had amended its application in light of her written representations. No reply has since been received.
The representative for the Co-Op made the following representations:-
The decision
On the basis of these considerations the Sub-Committee decided to GRANT the variation to the premises licence to permit the sale of alcohol for the hours specified.
The Sub-Committee noted that the Co-Op had varied its application to extend permitted hours of sale of alcohol in light of representations from a local resident and that no further representations had been received from the local resident.
They noted that the decision was to be made in line with the four licensing objectives and that the objections raised by the local resident related to noise from deliveries and customers. The Co-Op has planning permission to operate 24 hours a day all year. The Sub-Committee can only consider representations in relation to the public nuisance objective where it relates to the sale of alcohol.
Local residents may apply for a review of the Licence on a ground relating to one or more of the licensing objectives should there be any relevant issues arising from the operation of the Licence at any stage after the date of this decision notice. The Sub-Committee hopes that local residents will feel able to bring any future concerns directly to the attention of the Applicant in an effort to reach an amicable solution. The four licensing objectives are: the Prevention of Crime and Disorder; Prevention of Public Nuisance; Public Safety; and Protection of Children from Harm.
The objector has a right of appeal to the Cambridge Magistrates’ Court within 21 days of receiving notification of this decision.
Signed: Councillor…………………………………………………………….
(Chairman)
Councillor..…………………………………………………………..
Councillor ……………………………………………………………..
Dated: 22 June 2017
Publication date: 23/06/2017
Date of decision: 22/06/2017
Decided at meeting: 22/06/2017 - Licensing (2003 Act) Sub-Committee
Accompanying Documents: