Agenda and minutes

Licensing Act 2003 Sub-Committee (B) - Tuesday, 16th August, 2016 10:00

Venue: Council Chamber, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Mrs Julie Ellams  Democratic Services Officer

Items
No. Item

25.

Apologies for Absence

To receive apologies for absence from Members. 

Minutes:

None

26.

Declarations of Interest

To receive Declarations of personal and prejudicial interest (if any) from members/ officers in accordance with the provisions of the Members Code of Conduct adopted by Council from the 1st September 2008.

Minutes:

None

27.

LICENSING ACT 2003 : SECTION 17 APPLICATION FOR PREMISES LICENCE 74 PISGAH STREET KENFIG HILL TO BE KNOWN AS PISGAH CONVENIENCE STORE pdf icon PDF 59 KB

Additional documents:

Minutes:

The Chairperson invited all those in attendance to the meeting and the necessary

introductions were made.

 

The Licensing and Registration Manager explained that the purpose of the report was to consider an application for a new Premises Licence at 74 Pisgah Street, Kenfig Hill made by Mr Nagarajah Nagendirarajah.

 

The Licensing and Registration Manager reported that two additional documents had been served on all parties, a witness statement and photographs. The application form, operating schedule, representations from the Licensing Authority and the Chief Officer of Police and further supporting information were contained within the report. The Licensing and Registration Manager confirmed that there were no specific local licensing policies applicable to the Kenfig Hill area.

 

The Chairperson invited Mr Ian Jones, Barrister, to present the case for the applicant. He explained that the premises and location were relatively uncontroversial and that it was the identity of the applicant and his involvement in previous applications that created an issue.

 

The Licence was previously held by the applicant’s wife and the couple lived together in a flat above the premises. The applicant had been involved with off licences/petrol stations in London until 2009 when he became the proprietor of a franchise at Tondu Service Station. At that time he was responsible for five staff split between Tondu and Ton Pentre stations and during that time there were no licensing issues. He surrendered the licence for these in January 2016. His intention was to focus on the store with less involvement from his wife who was now pregnant.

 

The objections related to immigration issues, the test purchase in February 2015 and the sale of alcohol outside authorised hours in July 2015. The person minding the till at the time of the test purchase was the brother-in-law of the applicant who had no right to be in the UK. This should not have happened but the applicant was not involved, he was not present or in charge at that time.

 

Another employee was found to be an illegal immigrant at one of the service stations however his employment predated the applicant’s involvement with the service station and the applicant was required to take on existing staff. Lessons had been learnt from his experience.

 

Mr Jones suggested that the police representations were at a level where there was no need to revoke a licence and they were not strong enough to refuse a licence. There were no issues with the store location or layout and if permission had been granted for the increase in floor space, it would not have been a problem. Other issues concerning failure to display the correct notices had since been resolved. He suggested an additional condition for consideration, in addition to the standard conditions:

 

“The name and address of anyone involved with the sale of alcohol to be submitted to the police in advance. Details of staff already involved in the sale of alcohol at the premises also to be submitted to the police”.

 

PC Kevin Ellis queried the impact  ...  view the full minutes text for item 27.