Venue: Lancaster Town Hall
\n\t\tContact: Tom Silvani, Democratic Services - 01524 582132 - Email: tsilvani@lancaster.gov.uk \n\t\t\n\t\t
\n\t\t\n\t\tItems\n\t\t\n\n\t\t\tNo.\n\t\t\tItem\n\t\t\n\n\t\t\n\n\t\t\t\n\t\t\t\t\n\t\t\t\t\t\n\t\t\n\t\t\t\t\tWest End Late Shop 3, 39 Alexandra Road, Morecambe PDF 30 KB
\nApplication for a premises licence to be\ngranted under the Licensing Act 2003.
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\n\t\t\t\t\t\nMinutes:
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WEDNESDAY 20TH\nJANUARY 2010
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WEST END LATE SHOP No\n3
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The Sub-Committee comprised of Councillor Janie Kirkman (Chairman), Councillor Bob Roe and Councillor Paul\nWoodruff
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The Legal Adviser was Luke Gorst, Assistant\nSolicitor.
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The Democratic Support Officer was Tom Silvani, Democratic\nServices.
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An application for a premises licence had been made by Sinnathamby Vijitharan under\nSection 17 of the Licensing Act 2003 in respect of the West End Late Shop No 3,\n39 Alexandra Road, Morecambe LA3 1RN
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The hearing was held in light of three representations from\ninterested parties living in the vicinity of the premises.
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The applicant of the proposed premises, Mr Vijitharan, was present at the hearing.\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0 \u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0
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Interested parties who had made representations, Mrs Lean,\nMrs Thevathas and Councillor Robinson were present at\nthe hearing.
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All parties were informed that the members of the Sub-Committee\nknew one of the interested parties, Councillor Robinson, in their\ncapacity as Lancaster City Councillors only.
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The Chairman explained the procedure to those present, and\nstated that the hearing would be a discussion led by the licensing authority,\nand any questions would be put through the Chairman.
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The Senior Licensing Officer, Caroline Morrison, introduced\nthe report and stated that, whilst\ninitially the Police had objected to the application, they had now withdrawn\ntheir representation after agreeing a number of conditions with the applicant.
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Interested parties then presented their representations\nagainst the application.
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Mr Vijitharan then presented the\napplicant\u00e2\u20ac\u2122s case and helped answer questions.
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After summing up by the parties, the Sub-Committee withdrew\nto make its decision, and sought advice from its legal adviser as to the\nappropriate phraseology of the decision.
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DECISION
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The Sub-Committee has taken this application on its merits\nhaving carefully considered all the written information before it, and all the\nrepresentations and views expressed at the hearing.
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The Sub-Committee has noted that the initial licence\napplication was to enable the premises to sell alcohol for consumption off the\npremises from 0600 hours until midnight every day from the premises and for 24\nhour provision for sales via internet and telephone orders. The Sub-Committee\nunderstands that the applicant has agreed to amend his application to sell\nalcohol from the premises from 0900 hours until 2200 hours every day with the\n24 hour provision for internet and phone sales remaining.
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The Sub-Committee has noted the concerns of the interested\nparties as to the potential for public nuisance and the protection of children from\nharm given the proximity of schools in the area and the potential for morning\nalcohol sales.
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The Sub-Committee has taken the view that the hours\nrequested in the application for internet and telephone sales are excessive\nparticularly given that the premises is situated in a residential area and\npeople will have to get up for work and school in the morning.
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The premises will therefore close to the public between\nthe hours of 2200 hours and 0900 hours the following day for the sale of\nalcohol from the premises and normal off sales will not be permitted during\nthese hours, however,\u00c2\u00a0 sales of alcohol,\nby way of internet and phone orders, are permitted from 0900 hours until 0200\nhours the following day every day.
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The Sub-Committee, however, does welcome the conditions that\nhave now been agreed with the Police and is satisfied that they are a suitable\nmechanism for upholding the four licensing objectives by ensuring satisfactory\ntraining is maintained by management at the premises.\u00c2\u00a0
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The licence will\nalso be subject to the conditions offered by the applicant and agreed with\nPolice. The licence will therefore contain the following conditions and\ntimings:-
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In addition to this and to deter people from simply standing\noutside the premises using their mobile phones the licence shall also contain\nthe following conditions:-
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Whilst not a condition of the licence the Sub-Committee\nwould hope that all alcohol is stored in such a way that it is not easily\nviewed or accessible from the street.
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In accordance with Section 181 and Schedule 5 of the\nLicensing Act 2003, the parties have a right of appeal against this decision.\nThe parties are also strongly reminded of the statutory right of responsible\nauthorities and interested parties to seek a review of a licence on the basis\nthat the licensing objectives are not being met.
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Signed...................................................................................................Dated................
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\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\u00c2\u00a0\nCouncillor Janie Kirkman (Chairman)
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