Agenda and minutes

Agenda and minutes

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Contact: Martha Clampitt  0300 300 4032

Items
No. Item

139.

Members' Interests

To receive from Members any declarations and the nature in relation to:-

 

(a)    personal interests in any agenda item

 

(b)    personal and prejudicial interests in any agenda item

 

 

Minutes:

(a)

Personal Interests:-

 

 

None.

 

(b)

Personal and Prejudicial Interests:-

 

 

None.

 

 

140.

Name of Applicant

Minutes:

 

Sabran Hussain

 

 

141.

Premises Address

Minutes:

 

Choice Foods

62A High Street South

Dunstable

Bedfordshire

LU6 3HD

 

 

142.

Name of Parties (including the Applicant, Observers and Persons who have made relevant representations together with any person representing each party)

Minutes:

 

Cllr L Birt

-

Central Bedfordshire Councillor

Cllr I Shingler

-

Central Bedfordshire Councillor

Cllr N Warren

-

Central Bedfordshire Councillor

Mr M Woolsey

-

Managing Solicitor

Mrs M Clampitt

-

Committee Services Officer

Mr D McBain

-

Licensing Enforcement Officer

Mr T Argent

-

Senior Enforcement Officer – Trading Standards

Mrs J Borthwick

-

Service Manager

Mr D Dadds

-

Counsel to the Applicant

Mr Weights

-

Solicitor to the Applicant

Mr S Hussain

-

Applicant

Mr A Hussain

-

Designated Premises Supervisor

 

 

143.

Names of Parties submitting representations and indications of their representations

Minutes:

 

Mr T Argent – objecting to the granting of the premises licence for the sale of alcohol.

 

 

144.

Procedures for Hearings of Applications for Authorisations under the Licensing Act 2005 by the Licensing Sub Committee

Minutes:

 

The Procedures for hearing the applications for Authorisations under the Licensing Act 2005 by the Licensing Sub Committee was noted.

 

 

145.

Amendment of Application (if any) requested by the Applicant

Minutes:

 

There were no amendments to the application by the applicant.

 

 

146.

The Application

Minutes:

 

The Application was for the granting of a premises licence for Choice Foods, 62A High Street South, Dunstable, Beds LU6 3HD.

 

 

147.

The Four Licensing Objectives

Minutes:

 

The Chairman drew attention to the four licensing objectives which were set out in the report circulated with the Agenda.

 

 

148.

LICENSING ACT 2003 - A hearing called to determine an application for a premises licence for Choice Foods, 62A High Street South, Dunstable, Beds LU6 3HD pdf icon PDF 79 KB

Additional documents:

Minutes:

 

The Committee received and considered a report from the Head of Service, Public Protection which advised that an application had been submitted for a new premises licence for Choice Foods, 62A High Street South, Dunstable, Bedfordshire LU6 3HD.  The Applicant, the Applicant’s solicitors and an objector attended the meeting and made representations.

 

The Chairman outlined the procedure to be followed.

 

The Chairman invited the Licensing Enforcement Officer to present the report to the Sub-Committee.  The Sub-Committee were advised that the Applicant, Choice Foods had submitted an application for a new premises licence.  The application sought the following:-

 

Activity

Application Provision

Determination

Regulated Entertainment

No provision

N/A

Late Night Refreshment

No Provision

 

N/A

Supply of Alcohol

(Off sales only)

Monday to Thursday 08.00hrs to 23.00hrs

Friday & Saturday 08.00hrs to 04.00hrs

Sunday 08.00hrs to 23.00 hrs

 

 

To determine the application following a representation by a responsible authority

Hours of Opening

 

 

Same as Supply of Alcohol

 

N/A

 

It was agreed that the outcome from the review of the previous licence should be withheld from the Sub-Committee as each application should be considered on its own merits.

 

The Chairman invited the Applicant’s Counsel to present their case to the Sub-Committee.  The application for a premises licence was set out as detailed in the table above.  Mr Dadds explained to the Sub-Committee that there had been difficulties in the past for Mr Hussain but he had turned a new page and had obtained a personal licence in February 2011 following a training course.  Mr Hussain had taken over the day to day management of the store and there had been three successful tests which resulted in no alcohol being sold to underage children.

 

The Chairman invited the rest of the Sub-Committee to question the Applicant’s Solicitor.

 

The Objector, Mr Argent, was provided with the opportunity to explain why he felt the application should not be granted.  Mr Argent explained the history of the store and the fact that Mr S Hussain had been involved in a couple of the underage sales when the store was under a different premises licence. 

 

The Chairman invited the Applicant’s Solicitor and the Objector to ask questions of each other.  Mr Argent did not have any questions to ask.  Mr Dadds asked Mr Argent  to confirm the till prompt system had been installed within two months of the date of the additional conditions being agreed.  Mr Argent confirmed it was in place by 21 September 2011.  Mr Argent was also asked if Mr Hussain had said he was manager at the time of the 15 year old selling alcohol over the counter and Mr Argent confirmed Mr S Hussain had informed him he was manager at that time.

 

The Chairman invited the Applicant and the Objectors to sum up their cases.

 

The Sub-Committee adjourned to deliberate upon the application.  The Managing Solicitor for Central Bedfordshire Council joined the panel to provide clarification of questions.

 

Decision

 

That having taken into account the Licensing Act 2003 Guidance issued under Section 182, Central  ...  view the full minutes text for item 148.