Agenda and minutes

Resolved:           That Councillor Boyce be elected as Chair of the meeting.

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.

At this point in the meeting, Members were asked to declare any personal, prejudicial or pecuniary interests they may have in the business on the agenda. None were declared.

Members considered an application by BP Oil UK Limited in respect of Poppleton SF Connect, A59/A1237, York.

In coming to their decision, members took into consideration all of the evidence and submissions that were presented to them and determined their relevance to the issues raised and the licensing objectives. The following were taken into account:

1.   The application form.

2.   The Licensing Managers report and her comments made at the hearing. She advised that the application was for a premises licence for Poppleton SF Connect, A59/A1237, Boroughbridge Road, York. An operating schedule had been submitted by the applicant detailing how the licensing objectives would be met. There had been two relevant representations received from local residents. There had been no representations from any of the responsible authorities. The consultation process had been carried out correctly.

3.   The applicants Solicitors comments made at the Hearing. He advised that the application was for a premises licence for a joint venture between BP Oil Ltd and Marks and Spencer for a petrol station and convenience store. The site already had planning permission to operate 24 hours and this application related to the hours for the sale of alcohol and late night refreshment. Both parties were responsible operators who had in place rigorous policies such as Challenge 25 and the use of CCTV. In relation to the 24 hour operation of the premises, the sale of alcohol timings had been applied for to enable flexibility but it was anticipated that the hours for the sale of alcohol would be 8am to 11pm.

4.   The representations made in writing by two local residents. They raised concerns about the potential for public nuisance and crime and disorder in the area should the premises operate and sell alcohol 24 hours a day.

The sub-committee were presented with the following options:

Option 1     Grant the licence in the terms applied for.

Option 2     Grant the licence with modified/additional conditions.

Option 3     Grant the licence to exclude any of the licensable activities to which the application relates.

Option 4     Reject the application.

Members chose option 1 and approved the application in the terms applied for.

Reason for the decision:

The Sub-Committee carefully considered the application and the representations submitted in writing by representors prior to the hearing and orally at the hearing by the Applicant.  In reaching their decision, the Sub-Committee took into consideration the provisions of the Licensing Act 2003, in particular the statutory licensing objectives, together with the City of York Council’s Statement of Licensing Policy and the Secretary of State’s Guidance issued under Section 182 of the Licensing Act 2003.

The Sub-Committee noted the local residents’ concerns. They also noted that there had been no objection to the application from the Responsible Authorities. Members attached weight to the fact that no representations had been received from Responsible Authorities, as it was an indication that they did not envisage issues arising in respect of the licensing objectives. The Sub-Committee considered that it had received sufficient assurances from  ...  view the full minutes text for item 4.