Agenda, decisions and draft minutes

Councillor Alan James was appointed Chair for the meeting.

Councillor Alan James was appointed Chair for the meeting.

The Chair welcomed all parties to the meeting and all present were introduced.  The hearing procedures had been circulated previously to all parties and copies of the Statement of Licensing Policy were made available at the meeting.

No declarations of interest had been raised.

No declarations of interest had been raised.

To consider an application for the variation of a Premises Licence submitted in accordance with Section 34 of the Licensing Act 2003 (an outline of the submission and associated papers are attached).

Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).

RESOLVED that the variations as applied for be determined as follows –

i.              Provision of Late Night Refreshment 23:00 – 05:00 Monday to Sunday – GRANTED FOR HOT DRINKS ONLY (no hot food provision)

ii.            Supply of alcohol for 24 hours Monday to Sunday (for consumption off the premises) – REFUSED

The Licensing Officer submitted a report by the Head of Planning and Public Protection (previously circulated) upon –

(i)        an application having been received from Malthurst Retail Limited for the variation of a Premises Licence in respect of MRH Ruthin, Park Road, Ruthin to vary their hours to open 24 hours for the sale of alcohol as an off licence together with the provision of late night refreshment (Appendix A to the report);

(ii)      the premises currently operated as a petrol filling station open 24 hours together with a small convenience store with current licensing hours authorising the sale of alcohol for consumption off the premises only Monday to Sunday from 06:00 to 23:00;

(iii)     the applicant having requested authorisation for provision of the following –

(iv)     nine written representations having been received from interested parties in response to the public notice (Appendix B to the report) relating mainly to possible disturbance from noise and anti-social behaviour;

(v)      mediation having not been an option in this case given the number of representations received;

(vi)     the North Wales Police having submitted representations to the application along with a number of proposed conditions, which had subsequently been agreed with the Applicant, to be incorporated within the premises operating schedule should the variations be granted (Appendix C to the report);

(vii)    the proposed Operating Schedule having been included as part of the application detailing a number of additional conditions;

(viii)  the need to consider the application taking due account of Guidance and the Council’s Statement of Licensing Policy; other relevant legislation and relevant representations received, and

(ix)     the options available to the committee when determining the application.

The Licensing Officer summarised the report and outlined the facts of the case.

APPLICANT’S SUBMISSION

Mr. Robert Botkai – Solicitor, Mr. Keith Dissamayake – Site Manager and Designated Premises Supervisor, and Mr. Paul Masher – Area Manager Motor Fuel Group were in attendance for the Applicant (Malthurst Retail Limited).

Mr. Botkai provided some background advising of the recent change of site ownership but confirmed the application remained correct.  The current Premises Licence permitted the sale of alcohol between 06.00 and 23.00 in line with its previous opening hours.  Since February 2018 the premises had been trading 24 hours a day and the application had been made to reflect the current trading hours.  Reference was made to Guidance issued under Section 182 of the Licensing Act in relation to hours of trading which stated that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises to match their opening hours unless there was good reason for restricting those hours.  The Council’s own Statement of Licensing Policy was also quoted as it related to the general permission for shops and supermarkets to sell alcohol during normal opening hours unless they were the focus for disorder and disturbance.

Mr. Botkai reported upon the two separate elements of the application as follows –

·         Late Night Refreshment – the premises already sold hot drinks and had a limited hot food offer.  The intention was to sell hot drinks only between the hours of 23.00 and 06.00 and the Applicant was willing to accept a condition on the licence prohibiting the sale of hot food between those times.  It was hoped that this concession would help to address  ...  view the full minutes text for item 3.