Agenda, decisions and draft minutes
Venue: Council Chamber, Russell House, Churton Road, Rhyl LL18 3DP
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Decision: Councillor Alan James was appointed Chair for the meeting. Minutes: 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. |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in the business identified to be considered at this meeting. Decision: No declarations of interest had been raised. Minutes: No declarations of interest had been raised. |
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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). Decision: 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 Minutes: 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. |