Agenda item

To receive a report from the Lead Licensing Officer.


The Chair opened the meeting, introducing the Licensing Sub-Committee Members and Torridge District Council staff present.  He advised that the hearing had been convened to consider an application to vary a premises licence for The Spar, Church Street, Dolton.


The Councillors present declared they had no personal or prejudicial interests in the application.


The Chair asked the applicant to identify himself along with any representatives and witnesses.


The Lead Licensing Officer confirmed there were no responsible authorities or objectors present.


The Chair explained the procedure and purpose of the hearing.


The Lead Licensing was invited to present the report, the purpose of which was to provide the Sub-Committee with information relating to an application to vary the premises licence for The Spar, Church Street, Dolton to enable the Sub-Committee to determine the application.


The Chair thanked the Lead Licensing Officer for his report and asked the panel for any questions.


In response to a query the Lead Licensing Officer advised that the difference in hours in the report were the times of the existing licence and the proposed new opening hours. It was confirmed that the 2 objections were separate and the email objection had been received via the portal.


The applicant was invited to put forward his case.


Mr C Mitchenor addressed the Sub-Committee expressing his disappointment that no objectors were there so he could address their concerns directly. He explained how Wessex Retail and Appleby Westward Group Limited had amalgamated into one company and detailed there are stores across the country. This variation application was to bring this store in line with guidelines and other store opening times. Acknowledgement was given to one objection regarding Christmas opening times, it was advised staff are consulted. He raised that no objection had been received from parish or district council, responsible authorities nor the Police. Reference was made to possible light disturbance from another property which could be investigated and addressed if necessary.


The Chair asked for questions from the panel.


In response to a query, the applicant advised previously to extend hours demand would have to be proven, however this is no longer the case. Hours would be judged dependent on the need of the store. If not commercially liable, then hours would be altered to meet demand, but it does not need to be proven.


Following concern regarding making staff work at Christmas, the applicant advised staff cannot be forced or coerced to work. The store relies on the residents of the village and the company have a reputation to maintain. 


At 11.58am the Sub-Committee retired to consider the application.


At 12.02pm the Sub-Committee returned.


The Chair stated that the Sub-Committee had carefully considered the matter and oral evidence of all parties.


The Sub-Committee had the following concerns:


·         Christmas day working

·         Light disturbance


The Sub-Committee took the following matters into consideration:


  • Hours governed by need therefore might not be open as much as licence states
  • Anti-social behaviour would be a Police matter
  • The Council’s Licensing Policy considers 23:00 as the standard cut-off time before applicants would be expected to introduce higher standards of control and supervision.
  • Should there be any breaches of the licensing objectives after the issue of the licence, any member of the public can make representations for a review hearing.


The Sub-Committee had regard to the Guidance issued by the Home Office under s.182 of the Act, to the Councils Statement of Licensing Policy and all evidence presented to the panel and decided to grant the application as submitted.









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