Agenda and minutes

LICENSING ACT 2003

LICENSING SUB-COMMITTEE

DECISION NOTICE

15 Sheepmarket, Leek, Staffordshire Moorlands, S13 5HN

Meeting:         Thursday 29^th November 2018 at 10.00 am

Present:         Councillor L Lea (Chairman)

                        Councillor P Jackson

                        Councillor MM Lovatt

                        (N de Bruin   Legal Services Officer)

Applicant:      Mrs Greta Williamson, Solicitor of A H Brooks Solicitors representing Mr. Tuncay Calar, applicant 

Objector(s):    Mr. S. Lanza and Mr. J Smith – Local Shopkeeper and resident, also representing Mrs L Day who was unable to attend

For the Licensing Authority:  M Towers, Senior Licensing Officer and Ms S Bradbury, Licensing Officer

Introduction

The hearing was called to consider an application by Mr. Tuncay Calar for a Premises Licence to operate an off licence at 15 Sheepmarket, Leek, Staffordshire Moorlands, ST13 5HN.

Councillor Peter Jackson declared an ‘other’ interest (reason: in the past he used to do some work for AH Brooks solicitors)

No other interests were declared.

Mr Lanza and Mr Lanza on behalf of Mrs Day, Mr Smith and Mrs Williamson on behalf of Mr Calar, Mr Towers and Mrs Bradbury all addressed the Sub-Committee.

The Sub-Committee also took into account the written report, S182 guidance and Staffordshire Moorlands ‘Statement of Licensing Policy’ before coming to a decision. 

Decision

To grant the application subject to the statutory mandatory conditions, the conditions referred to in the operating schedule (Part M) save conditions b(1)(2) and (3) and e(1) and (2) which were replaced by the conditions agreed with the police as set out in the report at paragraph 2.4 and the conditions agreed with environmental health as set out in the report at paragraph 2.5, save it was noted that a licencing condition could not be used to control newspaper deliveries. So the relevant part referring to newspaper deliveries should be removed.  Subject to that the Sub-Committee agreed that these conditions, which had been agreed by the applicant, were necessary to promote all four of the licensing objectives.  However, the Sub-Committee noted the concerns about people hanging around at night waiting for early morning premises to open and considered that it would prevent public nuisance if the alcohol sales were restricted 8am to 11pm, Opening times to remain as agreed; 6am to 11pm.  Accordingly between 6 – 8am clear and visible signage should be displayed showing alcohol sales are prohibited.

Reasons for the decision

The Sub-Committee listened carefully to all the persons who addressed the Sub-Committee and also considered their written objections carefully together with those of representors who had been unable to attend, however, with the additional conditions it is considered that those objections were overcome. 

The Sub-Committee considered the case of Daniel Thwaites;  the Sub-committee noted the matters and problems that representors said may occur and in fact did occur in that area in Leek but they found that it did not follow that these problems would necessarily occur because of or be made worse by these individual premises.  This was a town centre location that already contained a number of licenced premises,  ...  view the full minutes text for item 13.