Agenda, decisions and minutes
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Declarations of Interest To receive any declarations of interest from Members. Minutes: Councillor Adrian Edwards declared an interest in Agenda Item 2 (1) by virtue of the fact he was a BP(British Petroleum) share holder, and reported that, as his interest was personal he would remain in the meeting as a substitute member of the Sub-Committee and would take part in the meeting if he was required to do so. |
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Application No. 15/00167/LQN - BP Calcot Express, Bath Road, Calcot, RG31 7QN Proposal: Application to Vary a Premises Licence Location: BP Calcot Express, Bath Road, Calcot, RG31 7QN Applicant: Global Fuel (UK) Limited
Additional documents:
Decision: The Licensing Sub-Committee of West Berkshire Council met on 17th March 2015 and resolved to approve Application 15/00167/LQN made by Global Fuel (UK) Ltd for a variation to Premises Licence 014134 issued in respect of premises known as BP Calcot Express (Shop), Bath Road, Calcot, Reading, RG31 7QN subject to a number of conditions which are set out below.
In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:
1. the prevention of crime and disorder; 2. public safety; 3. the prevention of public nuisance; and 4. the protection of children from harm.
They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 (issued June 2014) and West Berkshire Council’s Licensing Policy.
The Sub-Committee heard representations made by:
1. The Applicant: Mr. Stewart Gibson (Agent for the Applicant) Mr. Jeagatheshcumar Veerahaththipillai (Designated Premises Supervisor) Mr. Kris Navaratnam (owner of the site)
2. The Objectors: Mr. Joyce, Petition Organiser Councillor Jean Gardner of Tilehurst Parish Council
3. Ward Member: Councillor Brian Bedwell Ward Member for Calcot
Decision:
Having taken all relevant representations into account, the Licensing Sub-Committee RESOLVED that Application reference 15/00167/LQN be granted. Premises Licence 014134 is therefore varied and permits the supply of alcohol for twenty four hours each day from Monday to Sunday inclusive, subject to the conditions set out in the operating schedule, the existing conditions attached to the licence and any relevant mandatory conditions as prescribed by the Licensing Act 2003 or secondary legislation.
Reasons:
In reaching their decision, with regard to the issues raised relating to planning permission and the planning process, the Sub-Committee did not consider those issues were relevant to the Application for a variation of a premises licence which is made under a distinct regulatory regime. The Sub-Committee had regard in particular to section 13 of the Council’s Licensing Policy which states that “the Council will at times separate its licensing and planning roles.”
The Sub-Committee noted that a petition had been submitted by Councillor Bedwell and a document relating to a protest in relation to the 24 hour opening of the BP Londis Garage on the A4 Bath Road with between 70-80 signatures. As this document failed to refer to any of the four licensing objectives, this was disregarded by the Sub-Committee in reaching their decision.
The Sub-Committee noted the Objectors and Ward Member indicated concerns which related to two of the Licensing Objectives, including the prevention of crime and disorder and the prevention of public nuisance. The Sub-Committee did not consider that there was sufficient evidence to suggest that the concerns raised could be attributed to the licensable activity which was the subject of the Application, namely the supply of alcohol, which is currently permitted under the Premises Licence. Further, the Sub-Committee did not consider that the representations made in objection to the Application were supported by evidence which would justify the modification of any of the conditions of the licence or refusal of ... view the full decision text for item 4. Minutes: (Councillor Adrian Edwards declared an interest in Agenda Item 2 (1) by virtue of the fact he was a BP(British Petroleum) share holder, and reported that, as his interest was personal he would remain in the meeting as a substitute member of the Sub-Committee and would take part in the meeting if he was required to do so.) The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 15/00167/LQN in respect of BP Calcot Express, Bath Road, Calcot, RG31 7QN. In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council),Mr Stewart Gibson of GP Retail services Ltd (representing the applicant), Mr Joyce (objector), Councillor Jean Gardner of Tilehurst Parish Council (objector) and Councillor Brian Bedwell (Ward Member) addressed the Sub-Committee on this application. Ms Matheou, in addressing the Sub-Committee, raised the following points: · West Berkshire Council’s Licensing Team received an application made under Section 34 of the Licensing Act 2003 to vary the premises license for BP Calcot Express (shop), Calcot, Reading. · The application was accepted on 29th January 2015 and the responsible authorities were advised of the application by email the same day. · The variation application was for the sale, by retail, of alcohol (for consumption off the premises) – twenty four hours per day, 7 days per week. · The times on the existing premises licence for the supply of alcohol for consumption off the premises was Monday to Sunday 08:00 to 23:00. · The 28 day consultation period ran until 27th February 2015. · During the statutory consultation period of 28 days, two representations had been received; the first, from Mr Joyce (local resident) with accompanying petition and the second from Tilehurst Parish Council. · The application had been advertised in accordance with the regulations with blue notices displayed at the premises, witnessed by an officer on 30th January 2015 and by publishing a notice in a local newspaper, the Reading Chronicle on 5th February 2015. · The objections to the application were based on a combination of the licensing objectives. · No representations had been received from the Responsible Authorities. · There was nothing on record to indicate any mediation had taken place. · Mr Gibson, the applicant’s agent, in addressing the Sub-Committee, raised the points below. Mr Jeagatheshcumar Veerahaththipillai, the Designated Premises Supervisor and Mr Kris Navaratnam, the owner of the site were also in attendance and answered questions put by the Sub-Committee and Objectors. · The application was to vary the existing licence for the sale of alcohol for consumption off site from 08:00 to 23:00 to twenty four hours a day at the Londis Convenience store on the BP forecourt site. · All sales between the hours of 23:00 and 06:00 were currently conducted through the night service hatch with absolutely no entry to the shop by customers during that time. This practice would continue if members were minded to approve the application. · CCTV was in operation and trained on the night service hatch point of purchase with the images being recorded between the hours ... view the full minutes text for item 4. |