Agenda and minutes

Resolved:  That Councillor Reid be appointed to Chair the hearing.

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

Members were asked to declare any personal interests not included on the Register of Interests, any prejudicial interests or any disclosable pecuniary interests which they may have in respect of business on the agenda. None were declared.

Members considered an application by Penny Petroleum Partnership to Vary a Premises Licence [Section 35(3)(a)] in respect of Penny Petroleum, 605 Strensall Road, York.

In considering the application and the representations made, the Sub-Committee concluded that the following licensing objectives were relevant to the Hearing:

1.           The prevention of crime and disorder

2.           The prevention of public nuisance

In coming to their decision, the Sub-Committee took into consideration all the evidence and submissions that were presented, and determined their relevance to the issues raised and the above licensing objectives, including:

1.           The application form.

2.           The Licensing Manager’s report and the comments of the Senior Licensing Officer given at the Hearing. The Senior Licensing Officer outlined the report noting the variations applied for and the information contained within the annexes to the report. She advised that the premises were not in the special policy area and that consultation had been carried out correctly. She explained that representation had been received from North Yorkshire Police on the grounds that the prevention of crime and disorder licensing objective would be undermined if the licence was granted under the terms applied for. However the representation had been withdrawn as you had mediated additional conditions with North Yorkshire Police. There had been one representation received from ‘other persons’ mainly on the grounds that the ‘prevention of public nuisance’ licensing objective would be undermined if the variation was granted. She added that there were no planning issues in relation to the application. She ended by outlining the 4 options available to the Sub-Committee.

The Senior Licensing Officer was asked and explained what the special policy area was.

3.           The Applicant’s representation in  person at the hearing and Ms Sherratt (Agent on their behalf) in writing and at the hearing.

The Senior Licensing Officer confirmed that the premises had continually held a licence from 2005 to the present day and that there had been no complaints received about anti social behaviour or crime.

In summing up, the Agent for the Applicant explained that the application was a modernisation exercise and that it upheld the licensing objectives.

4.           The representations made a Representor (local resident) in writing and represented by her father in person at the hearing.

In his summing up, the father of the Representor explained that the petrol station was a critical area for security and he noted that there were no police in Strensall. He accepted that the petrol station needed to be on a main road and suggested that with the increase in the amount of money passing through the premises, this could lead to an increase in crime.

In respect of the proposed licence, the Sub-Committee had to determine whether the licence application demonstrated that the premises would not undermine the licensing objectives. Having regard to the above evidence and representations received, the Sub-Committee considered the steps which were available to them to take under Section 18(4) of the Licensing Act 2003 as it considered necessary for the promotion of the  ...  view the full minutes text for item 4.