Agenda and minutes

To elect a Member to act as Chairman of the meeting.

It was proposed, and seconded, that Councillor Richard Sweeting be elected as Chair for this meeting.

RESOLVED:

To appoint Councillor Richard Sweeting as Chair for this meeting.

There were no apologies for absence.

A copy of the Register of Interest for each Selby District Councillor is available for inspection at www.selby.gov.uk.

Councillors should declare to the meeting any disclosable pecuniary interest in any item of business on this agenda which is not already entered in their Register of Interests. Councillors should leave the meeting and take no further part in the consideration, discussion or vote on any matter in which they have a disclosable pecuniary interest.

Councillors should also declare any other interests. Having made the declaration, provided the other interest is not a disclosable pecuniary interest, the Councillor may stay in the meeting, speak and vote on that item of business.

If in doubt, Councillors are advised to seek advice from the Monitoring Officer.

There were no disclosures of interest.

To confirm the procedure to be followed at the meeting.

The Committee noted the Licensing hearing procedure.

To receive the report from the Licensing Manager, which asks Members to determine an application for a premises licence, which has been made under the Licensing Act 2003.

The Chair introduced all the parties present at the meeting and summarised the Licensing hearing procedure which had been circulated as part of the agenda pack. All parties confirmed that they had received a copy of the hearing procedure.

It was noted that one of the representors present at the hearing was also representing other party who had entered a representation in objection to the application but had been unable to attend the hearing.

The Licensing Manager presented the report which outlined the details of the application for the determination of a premises licence for 14 Garth Avenue, North Duffield, YO8 5RP.  The hearing had been necessitated by representations which had been received from four members of the public.

The Sub-Committee heard that the application was to permit the sale of alcohol at the designated premises, on any day of the week, for twenty-four-hour internet sales only, and that the premises was not open to the public.

It was confirmed that a consultation had been carried out by the applicant in accordance with the Act and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005, which concerned the displaying of a notice on the premises and an advertisement in a local paper, giving details of the application and serving a copy of the application on all responsible authorities.  It was further confirmed that the applicant had complied with all the statutory requirements.

The Licensing Manager informed Members that conditions had been agreed between North Yorkshire Police and the applicant following representations made by the responsible authority. The necessary amendments had been incorporated into the operating schedule following these representations and formed the conditions of any granted licence.

Members noted that the 4 people who had made representations against the application had all objected on the grounds of the prevention of public nuisance objective.

The Sub-Committee listened to evidence from the applicant, Mrs Smith and evidence in support of the relevant representations from two members of the public.

Mrs Smith explained that she believed the wording of the application which referred to the business hours of opening as twenty-four hours, seven days a week (24/7) had been misunderstood and stated that although the online business would be open 24/7 the business would not be processing sales orders 24/7.

Members noted that the applicant also ran a floristry business, with two members of staff, from a premises in Market Weighton which was licensed, and which offered alcohol as an extra something in addition to the flowers. It was further noted that everything on the premises was available online 24/7 but alcohol could only be sold online via a courier. 

Mrs Smith explained that there was very limited storage space at the premises in Market Weighton and the overflow stock was stored in the garage at the premises in North Duffield.  It was further explained that this had been happening for the previous thirteen months, during which time there had been no issues around parking, deliveries, or security at  ...  view the full minutes text for item 20.