Agenda and minutes

In accordance with the Council's current Code of Conduct (adopted July 2012), which includes all the provisions relating to Disclosable Pecuniary Interests (DPI), personal and prejudicial interests , Members are asked to declare any DPI and also any personal interests (and whether or not such personal interests are also "prejudicial") in relation to any matter on the Agenda for this meeting. A DPI is defined in The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 (SI 2012 No. 1464) and Appendix 3 of the Council’s Code of Conduct.  A personal interest is defined in paragraph 2.8 of the Code and a prejudicial interest is defined in paragraph 2.9. In the interests of complete transparency, Members of the County Council, who are not also members of this committee, are encouraged to declare any interests they may have in any matters being discussed even though they may not be under any obligation to do so under any relevant code of conduct.

There were no declarations of interest.

The Committee noted the procedure to be followed when considering Licensing Applications under the Licensing Act 2003.  The Chairman introduced the members of the Sub-Committee and the Officers present at the hearing.

The Chairman confirmed the following:

·         That the Officer’s report relating to the case, the procedure to be adopted during the hearing and the documents which the authority is required to provide under the Regulations had been received by all Parties in advance of the meeting;

·         That no representations had been withdrawn.

The Licensing Officer advised that the two members of the public in opposition to the application who were hoping to attend the meeting had to leave due to medical reasons.

The Licensing Officer presented the report as detailed on page 8 of the agenda and drew member’s attention to the following points:

·         An application had been received from Miss Hanife Murdzheva for a premises licence at 7 Bond Street, Yeovil;

·         The licensable activities applied for were for the supply of alcohol – consumption off the premises only from 9:00 until 21:00 hours Monday to Sunday;

·         The hours open to the public were 9:00 until 21:00 hours Monday to Sunday;

·         No seasonal variations or non-standard timings had been applied for;

·         The advertising/notice requirements had been complied with;

·         A representation had been received from Avon and Somerset Police Constabulary;

·         Five people in opposition to the application were concerned that the granting of the application may have an adverse effect on their lives due to anticipated noise and anti-social behaviour of customers;

·         The premises were previously subject to a premises licence but as a notice of surrender was received in February of last year, the application was received too late for the licence to be reinstated;

·         The options available to the committee and right of appeal.

The Committee was addressed by Nicola King, Area Licensing Practitioner on behalf of Avon and Somerset Police Constabulary.  She thanked members for allowing her the time to discuss the proposed conditions with the Applicant.  She advised that some of the conditions had now been agreed and the Police were no longer seeking outright refusal of the application.   

She gave some background information to the premises and referred to a previous licence being reviewed due to local residents and businesses in the area raising concerns over anti-social behaviour. Additional conditions to restrict the sale of high strength alcohol had at the time helped reduce the number of complaints received in relation to anti-social behaviour in the area.

The Area Licensing Practitioner referred to the Applicant’s lack of consultation with the Police over the previously refused Temporary Event Notice and this application for a new premises licence.  She advised members of the conditions that had been agreed.  She advised that the applicant had not been agreeable to the sale of beers and ciders above 6% abv being prohibited.  The Police had offered to raise this to 7 ½% abv but this had been refused by the Applicant. The Applicant was also not willing to join Shop Watch which she thought was due to a money issue.  The benefits of joining the scheme were outlined.  She indicated that the proposed condition to install a panic button could be agreed but currently there was no panic button in working order installed at the premises.

She said that the Police had concerns over the management of the premises and gave an example of the Applicant not challenging a shoplifter or reporting it to the Police and commented that the Applicant could become a victim of crime if this behaviour went unchallenged.  The Police also had concerns over the Applicant refusing a sale.  If high strength alcohol was not available street drinkers would  ...  view the full minutes text for item 69.