Agenda and draft minutes

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Items
No. Item

61.

APPOINTMENT OF CHAIRMAN

To appoint a Chairman for the duration of the meeting.

Minutes:

RESOLVED UNANIMOUSLY: That Councillor Hilton be Chairman. This was proposed by Councillor Davey and seconded by Councillor Bowden.

62.

APOLOGIES FOR ABSENCE

To receive any apologies for absence.

Minutes:

None.

63.

DECLARATIONS OF INTEREST pdf icon PDF 219 KB

To receive any declarations of interest.

Minutes:

Although no formal declarations of interest were declared, it was noted that Councillor Davey worked for Tesco and had objected to the planning application for ALDI. Councillors Davey and Bowden had spoken to the objector prior to the meeting, and Councillors Bowden and Hilton were Members of the Royal Borough Development Management Panel at the time of the approval of ALDI’s planning application. All Members came to the Sub Committee with an open mind.

64.

PROCEDURES FOR SUB COMMITTEE pdf icon PDF 141 KB

To note the procedural details for the meeting.

Minutes:

The Clerk went through the procedures for the Sub Committee.

65.

CONSIDERATION OF APPLICATION FOR A NEW PREMISES LICENCE UNDER THE LICENSING ACT 2003

To consider an application for a new premises licence under the Licensing Act 2003 for Aldi Stores Limited, Dedworth Road, Windsor, SL4 4LH.

Additional documents:

Minutes:

The reporting officer, Craig Hawkings, Licensing Enforcement Officer, introduced the report.

 

The meeting of a Licensing Sub Committee was convened to hear an application for a new premise located within the Royal Borough of Windsor & Maidenhead. In line with Licensing Act 2003 S18 (3)(a) when relevant representations are made against an application, a hearing must be held to consider them. A relevant representation made against an application for a new premises licence must relate to at least one of the four licensing objectives set out in the Licensing Act 2003. These are ‘The Prevention of Crime and Disorder’, ‘Public Safety’, ‘The Prevention of Public Nuisance’, and ‘The Protection of Children from Harm’.

 

The purpose of this hearing was for the Sub Committee to hear the application, receive written and oral representations from other parties and then to make a decision in respect of the application.

 

The Applicant was Lisa Joanne Gilligan, of Dedworth Road, Windsor, SL4 4LH.

 

The application was to:

1.    To Licence a supermarket selling food, alcohol, toiletries, clothing, hardware and electrical items. The premises dedicated car parking.

 

A summary of the application is as follows:

 

The standard opening hours of the premises:

• 06:00 until Midnight - Monday to Sunday

 

 To permit the sale by retail of alcohol for consumption OFF the premises:

• 06:00 until Midnight - Monday to Sunday

 

The Designated Premises Supervisor (DPS) would be Lisa Joanne Gilligan.

The application did not receive representations from the responsible authorities, including Environmental Health, Royal Borough Fire and Rescue Service, Planning Officer, Local Safeguarding Children’s Board, Public Health, Trading Standard, Thames Valley Police and RBWM Licensing. Extra conditions had been proposed by Trading Standards and Thames Valley Police in addition to the proposed conditions received within the application. The applicant had agreed to all the conditions proposed by both responsible authorities. There had been 7 individual representations from other persons that were relevant as they related to one or more of the four licensing objectives.

 

The Licensing Panel Sub Committee was obliged to determine this application with a view to promoting the four licensing objectives which are:

 

• The prevention of crime and disorder;

• Public safety;

• The prevention of public nuisance

• The protection of children from harm.

 

In making its decision, the Sub Committee was also obliged to have regard to national guidance and the Council’s own Licensing Policy. The Sub Committee must have regard to all of the representations, take such step or steps as it considers appropriate for the promotion of the licensing objectives. The steps were:

 

(a) Reject the application;

(b) Refuse to specify a person in the licence as the premise’s supervisor;

(*Note – not all of these will be relevant to this particular application)

(c) Grant the application but modify the activities and/or the hours and/or the conditions of the licence;

(d) Grant the application. Where conditions are attached to a licence then reasons for those conditions must be given.

 

The Sub Committee were reminded that any  ...  view the full minutes text for item 65.