Agenda and draft minutes

Agenda and draft minutes

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Items
No. Item

27.

Election of Chair for the hearings

To confirm the Chair of this Sub-Committee for the duration of this hearing.

Minutes:

Councillor Ottino proposed Councillor Lygo as Chair for the meeting; Councillor Muddiman seconded.

 

Councillor Lygo was elected as the Chair.  

 

28.

Apologies for Absence

Minutes:

None.

29.

Declarations of Interest

Minutes:

Councillor Muddiman stated that the Uni Food and Wine shop is situated within her ward (Osney & St Thomas).

 

30.

Procedure for the hearing pdf icon PDF 50 KB

The hearing procedures are attached.

Minutes:

The Sub-Committee noted the relevant procedure for the hearings.

 

 

31.

McDonald’s Restaurants Limited – Application for a New Premises Licence pdf icon PDF 4 MB

The Sub-Committee is asked to determine McDonald’s Restaurants Limited application, taking into account the details in the report and any representations made at this Sub-Committee meeting.

 

Minutes:

All attendees present in relation to items 6 and 7 left the meeting. 

  

The Chair invited the Sub-Committee, officers, and applicants to introduce themselves. 

 

Alex Bloomfield, Thames Valley Police Licensing Officer, joined the meeting. 

  

The Senior Licensing Compliance Officer (RM) presented the report, notifying members that the Licensing Sub-Committee Hearing is convened to determine an application submitted by McDonald’s Restaurants Limited for a New Premises Licence for McDonalds, 44-46 Cornmarket Street, Oxford. The Sub-Committee heard that the applicant seeks to provide late night refreshment from 11pm until midnight daily, as detailed in Appendix 1. A representation from Thames Valley Police is enclosed within appendix 2 and it was explained that liaison between the police and applicant occurred during the consultation period to address concerns raised, however as no final agreement was reached and an objection was submitted. The Sub-Committee were directed to appendix 3 containing a map detailing the applicant’s premises and the surrounding area.  

  

The Senior Licensing Compliance Officer (RM) reminded the Sub-Committee of its responsibilities under the Licensing Act 2003, noting that: 

  • Any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued. 
  • When making any decision under the Licensing Act 2003, members have a duty to act with a view to promoting the licensing objectives. 
  • When considering any representations, only those issues relating to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation. 
  • In making its decision, the Sub-Committee must also have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy which are enclosed within the report.  

  

The Sub-Committee were informed that they must make one of the following decisions which they consider to be appropriate for the promotion of the licensing objectives: 

  

  • To grant the licence in accordance with the application. 
  • To modify the conditions of the operating schedule by altering, omitting, or adding to them. 
  • To reject the application. 

  

Finally, the Sub-Committee were reminded that the applicant or persons making representations have the right of appeal against the decision made.  

  

The Chair invited the applicant to make any representations to the Sub-Committee.   

  

The applicant was represented by Leo Charalambides, a Barrister, and Mark Brent, the National Licensing Officer for McDonalds.  

  

Mr. Charalambides referred the Sub-Committee to pages 40 and 41 of the report, noting conditions which had been discussed between McDonalds and the police in regards the premises application. As a result, the Sub-Committee were informed that the applicant was willing to accept the proposed police conditions and noted that they had not been able to agree this via email ahead of the necessary deadlines. Mr. Charalambides assured that all five conditions were now agreed by the applicant.  

  

The Thames Valley Police Licensing Officer welcomed Mr. Charalambide’s representation and offered to provide more clarification to the Sub-Committee on the points which had been dropped from the initial proposed conditions. The Chair did not request further  ...  view the full minutes text for item 31.

32.

Six Star Events (Totally 90’s Festival) – Application for a New Premises Licence pdf icon PDF 4 MB

The Sub-Committee is asked to determine Six Star Events (Totally 90’s Festival) application, taking into account the details in the report and any representations made at this Sub-Committee meeting.

 

Minutes:

The applicants joined the meeting.  

  

The Chair invited the Sub-Committee members, officers, and applicants to introduce themselves.  

  

The applicants introduced themselves as, Wayne David King, Site Manager, Ryan Withers, Premises Supervisor, Jemma Hone, Local Entertainer and Director of the company, and Sarah Ward, Event Manager. 

  

The Senior Licensing Compliance Officer (ET) noted apologies for Edward Davis, Environmental Health Officer.  

  

The Senior Licensing Compliance Officer (ET) presented the report, notifying members that the Licensing Sub-Committee Hearing is convened to determine an application submitted by Six Star Events for the grant of a Premises Licence in respect of Totally 90’s Festival, Cutteslowe Park, Oxford. The details of the application were summarised as the following licensable activities and times: 

 

  • Live Music (outdoors): Saturday 14:00 hours to 22:30 hours.
  • Recorded Music (outdoors): Saturday 13:00 hours to 22:00 hours. 
  • Retail Sale of Alcohol (on sales only): Saturday 13:00 hours to 22:30 hours.

  

The Sub-Committee also heard that the premises licence would be for the festival to be held annually on the last Saturday of May or first Saturday of June and that the 2025 event would be held on Saturday 25th May 2025. Relevant details of the application are enclosed in appendix 1 and a noise risk assessment is enclosed in appendix 2 of the report.

  

The Senior Licensing Compliance Officer (ET) informed the Sub-Committee that Thames Valley Police and Environmental Health have agreed conditions with the applicant which will be attached to the premises licence, if granted, and details of these are enclosed in appendix 3 and 4. The Sub-Committee also understood that 6 representations were received in relation to crime and disorder, public nuisance, and public safety which are enclosed in appendix 5. A relevant map is enclosed in appendix 6.

  

The Senior Licensing Compliance Officer (ET) reminded the Sub-Committee of its responsibilities under the Crime and Disorder Act 1998 and the Human Rights Act, noting that: 

  

  • The Sub-Committee must consider the fair balance between the interests of the applicant and the rights of local residents; any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued.  
  • That under the Licensing Act 2003, members have a duty to act with a view to promoting the licensing objectives. 
  • That when considering any representations, only those issues relating to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation. 
  • In making its decision, the Sub-Committee must also have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy which are enclosed within the report.  

  

The Sub-Committee were also reminded that they must make one of the following decisions which they consider to be appropriate for the promotion of the licensing objectives: 

  

  • To grant the licence in accordance with the application. 
  • To modify the conditions of the operating schedule by altering, omitting or adding to them. 

33.

Uni Food and Wine - Application to review a Premises Licence pdf icon PDF 40 MB

The Sub-Committee is asked to determine Uni Food and Wine’s application, taking into account the details in the report and any representations made at this Sub-Committee meeting.

Additional documents:

Minutes:

Russell Sharland, Trading Standards Officer, Emilia Wotherspoon, Trading Standards Officer, Simon Mitchell, Trading Standards Officer, and the respondent, Mr. Avtar Singh Lalpurwal and his son joined the meeting.  

 

The Senior Licensing Compliance Officer (RM) rejoined the meeting.

  

The Chair invited the Sub-Committee, officers, and attendees to introduce themselves.  

  

Councillor Muddiman reminded the Sub-Committee that the premises in question lies within her ward but clarified that she had received no presentations regarding this, nor engaged in any communication regarding the application.  

  

The Senior Licensing Compliance Officer (ET) presented the report, notifying members that the Licensing Sub-Committee Hearing is convened to determine an application submitted by Oxfordshire County Council Trading Standards for a review of the Premises Licence in respect of Uni Food & Wine, 19 Park End Street, Oxford. The Sub-Committee understood that the review is required following enforcement actions being taken by Trading Standards Officers in relation to breaches and offences involving tobacco and vape sales, and with breaches of the premises licence issued under the Licensing Act 2003. Relevant evidence is enclosed in appendix 1 and the current premises is enclosed in appendix 2.  

  

The Sub-Committee heard that the premises licence currently permits the following licensable activities: 

  

  • Sale of Alcohol (off sales only): Sunday to Saturday: 08:00 hours to 23:00 hours 

 

The Sub-Committee were informed that representations supporting the review were received from the Licensing Authority, Thames Valley Police, and the NHS (public Health), as enclosed in appendixes 3-6. The representations focus on concerns of how the premises licence holder is unable to uphold the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance and public safety. A map detailing the applicant’s premises, and the surrounding area enclosed in appendix 7.  

  

The Senior Licensing Compliance Officer (ET) reminded the Sub-Committee of its responsibilities under the Crime and Disorder Act 1998 and the Human Rights Act, noting that: 

  

  • The Sub-Committee must consider a fair balance between the interests of the applicant and the rights of local residents. Any decision taken by the Sub-Committee must be necessary and proportionate to the objectives being pursued.  
  • Whenever a decision is made under the Licensing Act 2003, members have a duty to act with a view to promoting the licensing objectives. 
  • When considering any representations, only those issues relating to the four licensing objectives should be considered and appropriate weight given to the importance and relevance of each representation. 
  • In making its decision, the Sub-Committee must also have regard to the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy which are enclosed within the report. 

  

The Sub-Committee were also reminded that they must make one of the following decisions which they consider to be appropriate for the promotion of the licensing objectives: 

  

  • To modify the conditions of the licence 
  • To exclude a licensable activity from the scope of the licence 
  • To remove the designated premises supervisor 

34.

Minutes

Recommendation: that the minutes of the meeting of 30 September 2024 are approved as a true and accurate record.

 

 

Minutes:

The Sub-Committee resolved to approve the minutes of the meeting on 30 September 2024 as a true and accurate record.  

 

35.

Dates of Future Meetings

The dates of future meetings are:

·       31 March 2025

·       22 April 2025

·       16 June 2025

Minutes:

The Sub-Committee noted the dates of future meetings.