Agenda and draft minutes

Licensing Sub-Committee - Thursday, 18th April 2024 10.30 a.m.

Venue: Morecambe Town Hall

Contact: Sarah Moorghen, Democratic Support - email  smoorghen@lancaster.gov.uk 

Items
No. Item

5.

LICENSING ACT 2003 PREMISE LICENCE GRANT- ASDA EXPRESS PFS RYLANDS, OWEN ROAD, LANCASTER, LA1 2LL - DETERMINATION OF APPLICATION FOLLOWING RELEVANT REPRESENTATIONS pdf icon PDF 274 KB

Additional documents:

Minutes:

The Sub-Committee comprised of Councillor Sally Maddocks (Chair), Councillor Martin Bottoms and Councillor Phil Bradley. 

The Legal Advisor was Thomas Mitchell, Solicitor. 

The Democratic Support Officer was Sarah Moorghen. 

The Licensing Officer was David Eglin, also in attendance was Jennifer Curtis, Licensing Manager. 

Members undertook a site visit at 9.30am and thereafter convened the hearing at Morecambe Town Hall. 

The hearing was adjourned shortly after it started as it became apparent some objectors did not have a copy of the agenda before them and to ensure that they could fully participate the Chair adjourned to allow hard copies of the agenda to be printed and circulated. 

The Licensing Sub-Committee are to determine an application for a Premise Licence submitted under Section 17 of the Licensing Act 2003 by Euro Garages Limited (the applicant) in respect of Asda Express PFS Rylands, Owen Road, Lancaster, LA1 2LL. The hearing was held in light of 4 relevant representations being received from “other persons” as defined under the Licensing Act 2003 within the 28 day statutory consultation period. 

The applicants representative Mr Neil Eccles, National Licensing Manager for Asda was in attendance together with their legal representative Mr Richard Taylor, Solicitor from Gosschalks.

Mr Steven Clarke, Proprietor of Premier Convenience Express who had made representations was in attendance and was represented by Councillor Redfern, Ward Councillor for Skerton. Mr Charles Tisdall, of Dacrelands Clinic Corner of Owen Road and, Aldrens Lane, Ann Cunningham, resident of 35 Owen Road and Daphne and Richard Rousse of 15 Ashton Drive were also present and had made representations. 

Parties present introduced themselves. 

The Licensing Officer, Mr Eglin, introduced the report, and stated that the application was for a premises licence to facilitate the following: 

Late Night Refreshment          Monday – Sunday     23:00 until 05:00 hours

                                                                  (for consumption both on & off the premises)

?        Sale & Supply of Alcohol         Monday – Sunday    00:00 until 23:59 (off premises)

During the statutory 28-day consultation period the Council received four relevant representations from other persons. The details of the representations were attached at Appendix No. 2 of the Licensing Officer’s report. No representations were received from responsible authorities in the statutory 28-day consultation period. 

Through questioning Mr Eglin confirmed that Lancashire Constabulary had been consulted as a responsible authority, that it had been received by them, but no representations had been received from them in the statutory 28-day consultation period. 

The concerns of the other persons related to both the Public Nuisance and Crime Prevention licensing objectives. The other persons perceived that should the Sub-Committee seek to grant this licence there would be a strong likelihood of an increase in both noise nuisance and alcohol fuelled anti-social behaviour in affecting neighbouring residential premises.

Further, they believed that to allow the retail sale of alcohol for 24 hours per day from the premises would be wholly detrimental to the current peaceful status quo of this area of Lancaster, achieved through the hard work of the community and neighbourhood police.  

The other persons addressed the  ...  view the full minutes text for item 5.