Agenda and minutes

Licensing and Gambling Acts Sub-Committee - Monday, 20th January, 2025 10.30 am

Venue: Council Chamber, County Hall, Dorchester, DT1 1XJ. View directions

Contact: Megan Rochester  01305 224709 Email: megan.r.rochester@dorsetcouncil.gov.uk

Media

Items
No. Item

21.

Election of Chair and Statement for the Procedure of the Meeting pdf icon PDF 82 KB

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

 

Minutes:

It was proposed by Cllr Val Pothecary, seconded by Cllr David Morgan, that Cllr Craig Monks be elected Chairman for the meeting.

 

Cllr Monks introduced all parties present at the meeting and explained the procedure and process.

 

22.

Declarations of Interest

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

 

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

 

Minutes:

There were no declarations of interest.

 

23.

Application to review the premises licence for Clock House, Sturminster Newton pdf icon PDF 149 KB

An application has been made to review the premises licence for Clock House, Bridge Street, Sturminster Newton, Dorset. The application has been out to public consultation.  A Licensing Sub-Committee must consider the application and representations at a public hearing. 

Additional documents:

Minutes:

Kathryn Miller, the Senior Licensing Officer, confirmed that numerous attempts to contact the license holder had been made by licensing officers as well as by Dorset Police who had served the application on Tuesday 3rd December 2024 via letter box. Email correspondence had also been attempted, inviting the licence holder to the hearing as well as providing documentation by both post and email. Attempts had also been made by phone call, however this was also unsuccessful, and no response had been received.

 

Sergeant G Gosling also explained that upon serving the original paper reviews by hand, he had also assisted with the blue notices which had been put up at the premises. Upon reattending the premises, the blue notices and original paperwork had been moved. He clarified to members that documentation included full contact information for the licence holder, however, like the licensing authority, no response had been received.

 

Councillor Pothecary queried as to whether Sergeant Gosling had visited the premises during the published hours.

 

Sergeant G Gosling explained that he had visited the premises during the day whereas the premises was open in the evenings; however, he was confident that the licence holder had received and seen the notices as they had been moved which implied that the premises was still trading. It was also confirmed by other businesses in the area that they were continuing to trade.

 

Phillip Crowther, Legal Business Partner, asked both parties to confirm that they had used the last or only address listed of the licence holder. Both confirmed that they had not received notification of another address and had used the address of the premise of which the license was held.

 

The meeting was adjourned for the Sub-Committee to agree whether they wished to continue with the hearing in the absence of the license holder.

 

Upon returning, Cllr Craig Monks confirmed that members were satisfied that the licence holder had been given the opportunity to attend both by the licensing officer and Dorset Police, therefore it was agreed to continue with the hearing in their absence.

 

Kathryn Miller, the Licensing Officer presented a report setting out the application for the review of a premises licence for ‘Clock House, Sturminster Newton’. The review had been made in connection with the licensing objectives of the prevention of crime and disorder as the Licence Holder was associated with employing illegal workers which was contrary to Immigration Legislation. Therefore, members were advised that a hearing had to be held to determine the application. Members were informed that Immigration Enforcement Officers had visited the premises in October of last year as well as the Sergeant who had put up the review notices on 3 December. Numerous attempts had been made to contact the licence holder following the application; however, no response had been received by any party. A copy of the licence could be found at appendix 2 of the officer report. The Senior Licensing Officer had received supporting documentation for the review from Immigration, however, due  ...  view the full minutes text for item 23.

24.

Application for a variation of a premises licence for Eats and Drinks, Weymouth pdf icon PDF 176 KB

An application has been made to vary the premises licence for Eats and Drinks in Weymouth. The application has been out to public consultation.  A Licensing Sub-Committee must consider the application and representations at a public hearing. 

Additional documents:

Minutes:

Kathryn Miller, the Senior Licensing Officer presented a report setting out the application for a variation of a premises licence for ‘Eats and Drinks, Weymouth’. A request had been made for a variation of two conditions, these were set out in appendix 1 and 2 of the officer report. Dorset Police had objected to the variation, stating that demand had reduced, and a full variation would undermine the previous decision. Therefore, members were advised that a hearing had to be held to determine the application. All information had been distributed to members, applicants, agents as well as being published on the website. Further details were provided regarding the possible actions which could be undertaken by the Licensing Sub-Committee.

 

There were no questions at this time.

 

Mr Rajesh, the applicant’s agent, provided a comprehensive overview of the application. He highlighted that Eats and Drinks was a well-established family-run business with over 25 years of operational experience. The premises had been under the management of the applicant, who oversaw all staff and training, with documentation to ensure compliance and quality standards. Mr Rajesh emphasised that the business had adhered to the conditions of the current licence, demonstrating a commitment to ensuring responsible operation. The agent set out the variation to the conditions; first, the removal of the restriction preventing the sale of beer or lager with an alcohol content of 5.5% or lower; and second, the lifting of the constraint on selling spirit bottles below 20cl. To their knowledge, these had not been imposed on other local premises and their applicability to this business seemed unwarranted, particularly as there is no substantial evidence to support such restrictions. The existing conditions had resulted in a detrimental effect on customers, causing them to lose valued customers who incorporated alcohol purchases into their grocery shopping. Mr Rajesh believed that a variation would not undermine the licensing objectives and would urge the council to support a local business.

 

Kathryn Miller, Senior Licensing Officer, clarified that each application should be considered on its own merits. However, to her knowledge, a local store had also undergone a variation to their licence. 

 

Questions for the premises license holder and agent from other parties:

  • Sergeant G Gosling asked the licence holder as to whether they accepted that the nearby Asda service station had the same existing conditions. It was also highlighted that the police and the licence holder had discussed the concerns raised and the advice that the police provided was based on what they felt was the most suitable solution. Mr Rajesh confirmed that they had responded to the police advice, however, did not feel as though it was successful and therefore sought a variation.
  • Cllr Morgan sought clarification of the reasons as to why the current licence holder was seeking an amendment.
  • Cllr Pothecary queried whether the licence holder had completed any customer research to seek assurance of the points put forward for requesting a variation.

 

 

Sergeant G Gosling highlighted his background of working with the alcohol licensing  ...  view the full minutes text for item 24.

25.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items.

 

26.

Exempt Business

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended). The public and the press will be asked to leave the meeting whilst the item of business is considered.  

 

There are no exempt items scheduled for this meeting.  

 

Minutes:

There was no exempt business.

 

27.

Supplementary Information for Eats and Drinks, Weymouth. pdf icon PDF 3 MB

Additional documents: