Agenda and draft minutes

Licensing Sub-Committee
Thursday, 22nd November, 2018 10.00 am

Venue: Garden Room - Castle House, Barracks Road, Newcastle, Staffs. ST5 1BL. View directions

Contact: Geoff Durham 742222 

Items
No. Item

1.

Application For a Premise Licence - McDonalds, Dimsdale Parade West, Newcastle-under-Lyme, ST5 8HS pdf icon PDF 73 KB

Additional documents:

Minutes:

The Licensing Sub-Committee have taken into account the Licensing Act 2003, the guidance issued under Section 182 of the Act, the Councils Statement of Licensing Policy and also the fact that representations to the application have been received from other persons on the basis that to grant the application would undermine the objectives relating to the prevention of crime and disorder and the prevention of public nuisance.

 

The Licensing Sub-Committee have considered the licensing objectives in the light of what has been said and have listened to the arguments and are persuaded that it would not offend the licensing objectives to grant the application.

 

The Licensing Sub-Committee carefully considered the report and heard the submissions from local residents and then the applicant’s representative.

The Environmental Health team had made written representations on the grounds of ‘prevention of public nuisance’ and ‘the prevention of crime and disorder’.   Agreements had been reached with proposed conditions and therefore their objection had been withdrawn. They attended the hearing.

The Staffordshire Police had agreed proposed conditions with the applicant before the meeting and their application was withdrawn. They did not attend the hearing.

The legal advisor reminded all parties that the licence was only being applied for between 23:00 hours and 05:00 hours and that events outside these times could not be considered. 

Mrs Gibbons had a prepared statement to read out that was distributed to members with the consent of the applicant.  The representations focused on public nuisance and crime and disorder.

She expressed concerns in relation to the bollards blocking off the bottom car park, she described them as ineffective as they were too wide and vehicles could pass through. Also there was a particular issue with her premises next door as the loading bay area was being used for parking next to her house causing noise as staff left the premises late at night.  There was also a problem with the rear doors which were heavy and banged when staff went out to the rubbish and recycling as well as going to the smoking areas.

In response to questioning it was established the litter and recycling was not done during the licensable hours and the problems were ones of a private nuisance relating to the Gibbons neighbouring property rather than a public nuisance.

The Sub Committee deliberated and considered that the issues raised by the objectors could be met by the imposing of the conditions agreed with the responsible authorities.

They considered a lot of the representations were outside of their remit as they were planning issues or private nuisance.  The committee also felt that the concerns of anti-social behaviour that was currently an issue would not occur or could be dealt with by the premises being open.  There was a condition that had been agreed with environmental health that would address the issues of the bollards by using “suitably lockable bollards “

The committee resolved to grant the licence as per the application and with the agreed conditions, as detailed below,  ...  view the full minutes text for item 1.