Agenda and minutes

The Chair will open the meeting and welcome all present.

The Chair opened the Hearing and introduced the Members of the Sub-Committee and officers present.  The Chair explained to all parties the procedure to be followed during the Hearing.

To receive apologies for absence and the details of any Councillor nominated to attend the meeting in place of a Member listed above.

No apologies for absence were received.

To invite Councillors to declare any interest they may have in the item on the agenda.

No declarations of interest were received.

To consider an application for a premises licence for McDonalds, Clews Road, Oakenshaw, Redditch, B98 7ST.

(Report attached)

The Sub-Committee was asked to consider an application for a premises licence in respect of McDonalds, Clews Road, Oakenshaw, Redditch, Worcestershire, B98 7ST.  The application was subject to a Hearing in the light of a representation which had been made by the Ward Member for Headless Cross and Oakenshaw.  The basis of their representation related to noise nuisance. 

The Senior Licensing Practitioner introduced the report and in doing so informed the Sub-Committee that there was no further update to provide with regard to the application.

Mr A Evans, legal representative for the applicant, presented the case on behalf of Mr Robert Holdcroft.  He explained that the application was supported by the proposed detailed operating schedule and that no representations had been received from residents.  He informed the Sub-Committee that the store operated an incident book and there had been no evidence of noise complaints to the store over the last two years and no representations had been received from Environmental Health, one of the Responsible Authorities consulted.  He therefore felt there was an absence of any clear evidence on the representation received on the grounds of the prevention of public nuisance.  The Sub-Committee were further informed that 18 months previously Mr Holdcroft had attended local residents’ meetings in relation to complaints received with regard to noise and in response he had taken specific measures to address the concerns raised and no complaints had been investigated during the last two years. 

At the invitation of the Chair, Councillor Carol Gandy, Ward Member for Headless Cross and Oakenshaw put forward the case for residents and in doing so informed the Sub-Committee that residents had requested that she represented them at the Hearing as their advocate.  Residents had raised concerns with regard to potential noise nuisance during the extended opening hours.  They had accepted possible noise nuisance until 11:00pm but had expressed concern with the extended opening hours and potential noise nuisance until 2:00am.  Members were informed that Councillor Carol Gandy had received an email from the local beat officer, which included a list of suggested conditions to be applied to the licence if granted.  Mr Evans, legal representative for the applicant, expressed concern that no representation had been received from the police, which had been consulted and therefore felt that the suggested conditions could be viewed by Members on the basis that they formed part of Councillor Carol Gandy’s representation and not those of the police.  

Following a number of questions to the applicant’s representative, all parties concerned then took the opportunity to sum up their cases.

Having had regard to:

§         the Licensing Objectives;

§         Guidance issued under section 182 of the Licensing Act 2003;

§         the Borough Council’s Statement of Licensing Policy;

§         the Application made by the Applicant;

§         the representations made by interested parties (both in writing prior to and in person at the hearing)

The Sub-Committee RESOLVED that

in relation to the Premises Licence at McDonalds, Clews Road, Oakenshaw, Redditch:

that the application for a  ...  view the full minutes text for item 4.