Agenda, decisions and minutes

To elect a Chairman for the meeting of the Sub Committee.

Nominations for a Chairman of the Licensing Sub Committee were sought, and it was:

Resolved:

To elect Councillor Peter Hutton as Chairman for this meeting only. 

To receive any apologies for absence and to note any substitutions.

There were no apologies or substitutions received.

The Chairman notified all those present at the meeting that it was not being recorded by Wiltshire Council, but that the meeting could be recorded by the press or members of the public.

The Chairman reminded those present that any speakers that wished to remain and make a statement to the Sub Committee would be giving consent to there being the possibility that they would be recorded presenting this.

It was noted that those that had made a representation would not be identified by name within the minutes.

The Chairman then asked if anyone present wished to withdraw from the meeting.  All parties confirmed they wished to remain in and take part in the Sub Committee hearing.

The Chairman explained the procedure to be followed at the hearing, as contained within the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications”, reference to which could be found in Pages 5 to 10 of the Agenda.

The Chairman gave details of the exits to be used in the event of an emergency.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

To consider and determine an Application for a Premises Licence made by Euro Garages Ltd in respect of Asda Express, East Street Service Station Supermarket, 80 East Street, Warminster, Wiltshire.  The report of the Public Protection Officer (Licensing) is attached.

Application by Euro Garage Ltd for a Premises Licence in respect of Asda Express, East Street Service Station Supermarket, 80 East Street, Warminster, Wiltshire, BA12 9BQ.

Licensing Officer’s Submission

The Sub Committee gave consideration to a report (circulated with the agenda) in which determination was sought for an application for a Premises Licence, presented by Emma Hyde (Public Protection Officer – Licensing) for which four relevant representations had been received.  The application was for the following licensable activities:

·       Late Night Refreshment (indoors and outdoors) – 23.00 – 05.00 daily

·       Sale of Alcohol (OFF Sales) – 00.00 – 00.00 daily

It was noted by the Sub Committee that there were three options available to them:

1.    Grant the licence as applied for.

2.    To modify the conditions of the licence.

3.    To reject the whole or part of the application.

The Sub Committee was informed that on 7 December 2023, the Applicant had proposed an amendment to the hours applied for which had led to the withdrawal of one representation. Furthermore, the officer noted that in relation to shops, stores, and supermarkets, the Guidance issued under Section 182 of the Licensing Act 2003 states:

“10.13 – Shops, stores, and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.”

The following parties attended and took part in the Hearing:

On behalf of the Applicant

• Mr Richard Taylor – Agent to the Applicant (Euro Garage Ltd)

·       Mr Neil Eccles – National Licensing Manager (Asda Stores Ltd)

Relevant Representations

·       There were no persons who had submitted relevant representations present.

Responsible Authorities

·       There were no responsible authorities present.

The Chairman advised that all of the written representations had been read and considered by the Members of the Sub Committee in advance of the meeting. The Chair then invited the Applicants to introduce their application.

Applicant’s Submission

The Applicants, Mr Richard Taylor and Mr Neil Eccles, spoke in support of the application, highlighting the following points:

·       It was highlighted that those members of the public that had made representations had raised concerns should the application be granted to allow for the sale of alcohol 24 hours a day daily. In response, the Applicants noted that they appreciated those concerns and were therefore amending their application to change the hours of the sale of alcohol to 06.00 – 00.00 daily as an act of good faith to those neighbouring residents.

·       It was explained that the Applicant, Euro Garages Ltd, were wholly owned by Asda Stores Ltd due to a recent acquisition.

·       The steps made to meet the Licensing Objectives were detailed, namely:

o   Extensive CCTV.

o   Full staff training that would be regularly refreshed.

o   All spirits and high value products being displayed behind the counter.

o   Age verification through the Challenge 25 process as a default, with till prompts pausing any transactions until assessed.

o  ...  view the full minutes text for item 6.