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

Councillor Robinson proposed, and Councillor Wood seconded, Councillor Taylor as Chair.

Councillor Taylor was elected as Chair for the duration of the meeting.

None.

None.

The hearing procedures are attached.

The Sub-Committee noted the relevant procedure.

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

The Chair invited all attendees to introduce themselves.

The Licensing Compliance Officer presented a summary of the report in relation to an application submitted by Manpreet Kaur Lalpurwal for a variation to a premises license in respect of 133 Botley Road, Oxford, OX2 0HD.

The key matters for consideration included the activity of supply of alcohol (off sales only):

• Sunday to Saturday 08:00 hours to 23:00 hours

The Licensing Compliance Officer noted that the authority had previously received an application from Botley Booze Limited for a new premises license at the same place which was withdrawn. The original application raised concerns from Thames Valley Police and Trading Standards following a joint meeting with the Licensing Authority and the applicant in which revised conditions were agreed and accepted. As a result, the initial application was withdrawn and replaced with a new application incorporating the agreed operating schedule. A copy of the current application and the steps that the applicant intended to take to promote the licensing objectives can be found at appendix 1 of the report.

The Licensing Compliance Officer noted that during the consultation period, the application received no adverse comments from any Responsible Authorities under the Licensing Act 2003. The application did however receive representations from seventeen Interested Parties highlighting concerns in relation to Public Safety, Public Nuisance, Crime and Disorder, and the Protection of Children from harm. A copy of all the representations can be found at appendix 3 of the report.

Members were reminded of their responsibilities under the Crime and Disorder Act 1998 and the Human Rights Act 1998 when considering 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.

The Sub-Committee were reminded that when considering any representations, only issues relating to the four licensing objectives could be considered and appropriate weight given to the importance and relevance of each representation. 

In making its decision, Members were also reminded that they had to regard the Home Office statutory guidance issued under section 182 of the Licensing Act 2003 and the Council’s own Statement of Licensing Policy.

The Licensing Compliance Officer noted to the Sub-Committee that there were concerns regarding planning permissions for the premises included within the application. He noted that they had contacted Planning for comments on the matter and the information received was part of the premises plan circulated at the meeting. The planning permission for the rear extension was refused by Planning and they stated that it was a retrospective application. He noted that if the licence be granted, licensing permissions would not supersede planning permissions. Planning was aware of the application and any action they might take was at their discretion. The only comment to consider was that the extension did not have planning permissions. Regarding the Licensing Act, any alcohol stored in such an area, if used for immediate sale, must fall under the premises licence.  ...  view the full minutes text for item 5.