Agenda and draft minutes

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Contact: Claire Morris, Democratic Services  01242 264130

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Items
No. Item

1.

Election of Chair

Minutes:

Councillor Willingham was elected as Chair of the committee.

2.

Apologies

Minutes:

There were none.

3.

Declarations of interest

Minutes:

Cllr Harvey declared that he holds a current DPS.

 

Cllrs Willingham and Barrell both declared that they sat on the committee last time the establishment was bought to the committee for review in September 2024.

4.

Licensing Act 2003: Determination of Application for Review of a Premises Licence pdf icon PDF 445 KB

Bargain Booze Select Convenience, 216 - 218 Hewlett Road, Cheltenham, GL52 6UJ

 

Report of the Licensing and Public Protection Manager

Additional documents:

Minutes:

The Licensing and Public Protection Manager introduced the report as published.

 

The Members then had the opportunity to ask questions, the responses were as follows:

-       There is an official DPS in place now.

-       There had not been any details of any online courses attended.

-       The current DPS is not the same as when the premises last came to committee.

-       There has been no further paperwork received by the licensing department.

-       The day after the premises review they were found to be selling alcohol.

-       It was explained that the licence holder is responsible for the activities that take place at the premises and the DPS is responsible for the sale of alcohol.

The responses to the solicitors question on behalf of the licence holder were as follows:

-       It was confirmed that the licensing department had not received an email from the solicitor in February.

The review applicant was then given the opportunity to address the committee and made the following points:

-       The licence holder did not take the warning made at the previous committee seriously, the police cannot be held responsible for the actions they choose to take.

-       There was an argument made at the previous committee that the licence holder would be made homeless if they lost their licence, this is not a consideration for the police or the committee.

-       When the premises was visited in January 2025 there was clearly alcohol on sale, an application had not been received but they had been selling alcohol since November 2024.

-       The premises licence holder could not produce the relevant documents when requested.  They were informed to cease alcohol sales immediately.

-       The premises licence holder believed that the solicitor had dealt with everything on their behalf. 

-       The training that should have been completed with regard to under age sales had not been completed.

-       As a recently qualified DPS they should have fresh knowledge of what is required of them.

-       It remains the responsibility of the licence holder to operate within the terms of the licence.

-       There was no choice but to bring the matter to the committee, the licensing authority is there to ensure that the rules are kept to.

-       It was explained that they were asking for a revocation due to a blatant disregard of the rules.

 

The responses to Member questions were as follows:

-       The review applicant confirmed that as the responsible authority they would have known if there had been documents sent.

-       It was confirmed that the licence holder holds a licence at another premises.

 

The solicitor representing the licence holder then interjected and asked if the police had received an email that was sent to them in February – the officer confirmed that it had not been received.   After agreement from the Chair the meeting was then adjourned for the email to be circulated to the committee and the police.

 

The solicitor of the licence holder then addressed the  ...  view the full minutes text for item 4.

5.

Any other items the Chairman determines to be urgent and which requires a decision

Minutes:

There were none.