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Election of Chairman
RESOLVED that Cllr D Phillips be elected Chairman.
Apologies for Absence
To receive and record any apologies for absence.
There were no apologies for absence.
There were no Chairman’s announcements.
Declarations of Interest
To receive and record any declarations of interest from members present in respect of the application being considered.
There were no declarations of interest.
Report of the Licensing Officer enclosed.
Hayley Hadaway, Licensing Officer introduced the item. The Hearing related to an application made by Shell UK Oil Products Limited for a Premises Licence for Shell Whichers Gate, Rowlands Castle.
A copy of the application was shown in Appendix A. The plan of the premises and location map were shown in Appendices B and C.
The applicant had requested a Premises Licence for late night refreshment, Monday to Sunday 11pm to 5am and the supply of alcohol Monday to Sunday 24 hours a day. The application asked the applicant to state how they would promote the licencing objectives and this had been included on pages 18 and 19 of the agenda.
This Hearing had been called because valid representations had been received from interested persons. Their representations were shown in full in Appendix D.
The applicant described the premises as a well established convenience store with an ATM and jet wash. This convenience store was located at the petrol station.
Section 176 of the Licensing Act 2003 stated that no Premises Licence had effect to authorise the sale by retail or supply of alcohol on or from excluded premises. An excluded premises was a premises used primarily as a garage or which form part of the premises was primarily so used.
Premises were used primarily as a garage if they were used for one or more of the following:
· The retailing of petrol;
· The retailing of derv;
· The sale of motor vehicles; and
· The maintenance of motor vehicles.
The 182 guidance stated that if a licence was granted in respect of a premises and the primary use of that premises subsequently changed (for example, the primary use became that of a garage rather than a shop) it would no longer be legal to sell alcohol on that premises. The guidance also stated that if a relevant representation was made, which it had in this case, the licencing authority must decide whether or not the premises was used primarily as a garage.
The sub-committee had to first of all decide on the primary use of the premises. Primary use could be determined on the basis of numbers, that was the intensity of use or on evidence of turnover. Regarding numbers, it was whether the premises was used more intensely by customers for the sale of petrol/ diesel and or motor vehicles and/ or their maintenance, than for sale of other products such as food stuffs. To determine the primary use further information could be requested. Prior to this Hearing the applicant’s solicitors had provided the Licensing team with analysis of intensity of use and ATM transactions. These had been circulated to the sub-committee.
If the sub-committee decided that the primary use was a garage, the alcohol element of the application should be refused.
Once the sub-committee had made a decision about the primary use of the site, it was advised to hand back to the Licensing Officer to introduce the second part of the Hearing.
Attending the Hearing were Kevin Hooker, ... view the full minutes text for item 26.