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Waverley Borough Council Committee System - Committee Document

Meeting of the Licensing Sub-Committee "B" held on 10/12/2007
Application for Review of a Premises Licence - Co-op Welcome, 40 Green Lane, Farncombe



APPENDIX A
WAVERLEY BOROUGH COUNCIL
LICENSING SUB-COMMITTEE ‘B.’
10TH DECEMBER 2007
LICENSING ACT 2003 - APPLICATION FOR REVIEW OF A PREMISES LICENCE -
CO-OP WELCOME, 40 GREEN LANE, FARNCOMBE, GODALMING GU7 3ST
[HEARING RESUMED AFTER ADJOURNMENT]
[Wards Affected: Godalming and Farncombe wards]

Summary and Purpose

1. The purpose of the report is to enable the Sub-Committee to resume consideration of an application from Surrey Trading Standards for a review of the Premises Licence for the Co-op Welcome Store at 40 Green Lane, Farncombe, Godalming. The hearing on this matter was adjourned on 25th October 2007

Current Licensed activities

2. This premises was the subject of a conversion application in the transitional period, under the 2003 Licensing Act, and a copy of the existing Premises Licence, with a revised site map, is attached (Annexe 1). In summary, the licence is for off-sales only between the hours of 0800 and 2300 on Mondays to Saturdays, and 1000 to 2230 on Sundays.

3. The person named as Designated Premises Supervisor (DPS) has a pivotal role in the licensing process. Any person taking on this role will hold a Personal Licence. He or she has responsibility for alcohol sales and may authorise other employees to sell alcohol, although staff of under 18 years must be authorised for each individual sale that they are asked to make. Authorisation process is not specified, although Waverley has always advised that these should be formally made by letter to each employee. This proposal has now been adopted in the recently revised Government Guidance under Section 182 of the Licensing Act 2003.

4. The role of designated premises supervisor is effectively the modern equivalent of the former role of licensee at the premises under the Magistrates’ Court system. The licence obliges the premises to name one personal licence holder as the Designated Premises Supervisor (DPS) and there is a mandatory condition on all licences where sale of alcohol is included, to the effect that there can be no sales of alcohol if there is no DPS named in the licence. In the case of a change of DPS, this can be applied for and can be effected immediately, where needed. This Co-op store has had occasion to change the DPS on three occasions since the first licence was granted in time for the start of the new legislation on 24th November 2005. The changes were effected on 31st May 2006, 26th August 2006, and 5th April 2007.

Application for a Review of the Licence

5. The application from Surrey Trading Standards seeks a review of the existing Premises Licence. The application has been advertised at the premises by the Licensing Authority, as is required for this procedure, and a copy of the review notice is attached at Annexe 2. The full detail of the application for Review (6 pages), submitted by the Surrey Trading Standards Office, is set out at Annexe 3, together with a letter from Surrey Trading Standards giving notice of additional evidence to be adduced at this resumed hearing. This additional evidence has been forwarded by fax to the license holders. The applicants for the review (Trading Standards), others making representations (Surrey Police - see Annexe 4) and the Premises Licence Holder may call witnesses in support of any evidence they may give, having first notified the Licensing Authority of their intention to do so.

Responsible Authorities and other Interested Parties - Responses to the Notification Procedure

6. In accordance with the procedure for licence reviews, the responsible authorities will receive copies of the application for review. Notice of the review application is placed at the premises and at the Council’s offices and on its website. Other representations may then be made by responsible authorities or interested parties during the advertisement period which, in this case, ran until the end of 11th September 2007 (28 days).

7. In this case, representation has been received from Surrey Police in support of the application for review. This representation is set out in full at Annexe 4 and may be considered in conjunction with the review.

Evidence submitted by the Licence-Holders

8. The licence-holders have been asked to provide either a summary or a précis of the ring-binder file which arrived on the day of the meeting on 25th October last (adjourned), or to provide sufficient copies of the full file for the parties and the Sub-Committee to have time to consider prior to the meeting. Annexe 5 contains the representation note from the Licensees in respect of this review, and references to documents in a folder, which members of the Sub-Committee were given at the last meeting. Further copies are expected to be supplied by the licensees or their representatives, but members are asked to refer to their existing folders in conjunction with Annexe 5.

Licensing Objectives

9. The four Licensing Objectives of the Licensing Act 2003 are set out below. It is for the Licensing Sub-Committee to promote the Licensing Objectives in making any decision on the Application for Review.

Prevention of Crime and Disorder
Public Safety
Prevention of Nuisance
Protection of Children from Harm

The Purpose of the Hearing

9. The Sub-Committee must, having regard to the application for review and the other relevant representations submitted (Annexes 3 and 4), take such of the steps mentioned below as it considers necessary for the promotion of the licensing objectives. It may hear from the applicant (Surrey Trading Standards), and from Surrey Police, and from the representative(s) of the Premises Licence Holder, the Co-operative Group (CWS) Ltd.

10. The steps that the Sub-Committee may take as a result of a review hearing are as follows:
· Allow the licence to continue in its present form

Procedure at the Resumed Hearing

11. The applicant for the review, Surrey Trading Standards and Surrey Police in support of the application, and the subject of the review (Co-op Welcome of Green Lane, Farncombe) may call witnesses to support their respective cases. Each side has been asked to inform the Council if they intend to do so. The meeting will be advised further at the introduction to the hearing on this matter.

12. In determining the application for review, the Sub-Committee must have regard to the promotion of the Licensing Objectives, the Licensing Act 2003 and supporting Guidance under Section 182, as well as to its own Statement of Licensing Policy dated December 2004.

13. To assist the Sub-Committee in considering this matter, the relevant pages from the Department for Culture, Media and Sport (DCMS) Revised Guidance on the Licensing Act 2003 in determining a Review (Paragraphs 11.1 - 11.21 are attached at Annexe 6.

Human Rights considerations

14. The Human Rights Act 1998 makes it unlawful for a local authority to act in a way that is incompatible with the European Convention on Human Rights. The Council will have particular regard to the following Convention rights:

Article 6 - Right to a Fair Trial/Hearing

In the determination of civil rights and obligations, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

Article 8 - Right to Respect for Private and Family Life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.


Article 1 of the First Protocol - Protection of Property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No-one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

Subsequent Developments in this Application Procedure

15-. Any subsequent developments in the procedure for this Review will be reported at the meeting.

Recommendation

It is recommended that the Application for Review of the Premises Licence for Co-op Welcome, 40 Green Lane, Farncombe be determined by the Sub-Committee in light of and having regard to:

the representations presented by all parties;
the Revised Guidance issued under Section 182 of the Licensing Act 2003
the Council’s Statement of Licensing Policy
the steps that are necessary to promote the Licensing Objectives.

Background Papers (CEx)

Application referred to above, representations referred to above.

CONTACT OFFICER:

Name: Mrs R Hughes Telephone : 01483 523225
E-mail: rhughes@waverley.gov.uk


comms/licensing/2007-08/070 49726