Meeting documents
Licensing Decisions
Sunday, 24th March, 2013
Whitegate Drive Food & Wine
The Application
Whitegate Drive Food & Wine, 99 Whitegate Drive Blackpool has the benefit of a premises licence authorising the sale of alcohol for consumption off the premises 08.00 - 23.00 (22.30 Sunday).
On 17th February 2014, the licensing service received an application to vary the premises licence by naming Santhamoorthy Subramaniam as designated premises supervisor. A copy of the application is attached
The Applicant
The application was submitted by Nimalarja Jeganathan who has been licence holder at the premises since May 2013.
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
None
National Guidance
The police may object to the designation of a new dps where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective. The police can object where, for example, a dps is first specified in relation to a particular premises and the specification of that dps in relation to the particular premises gives rise to exceptional concerns. For example where a personal licence holder has been allowed by the courts to retain their licence despite convictions for selling alcohol to children and then transfers into premises known for underage drinking.
The authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision
This premises has had the benefit of an off licence for many years, certainly since 1988. A premises licence was granted in September 2005 Since 2007 the premises has changed hands on 7 occasions, The current licence holder has been there since May 2013.
In September 2009 the licence was transferred to Dilipkumar Arulantham. An application to name him as DPS was refused on the grounds that he lived in London and would not be able to control the premises.In November 2009 a new DPS was approved who gave the address 2 Manor Road Blackpool. Since that date a succession of designated premises supervisors have given that address, many of them having personal licences issued in London.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Brown and Elmes
Declarations of Interests
Councillors Brown and Elmes both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
None
Representors
PC L Evans, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:10 AM
Time Hearing Terminated
10:27 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel agreed to consider the application in the absence of the applicant as he had been notified of the date of the hearing and informed that this could be the case. It was also noted that the applicant had not responded to the notice of hearing.
The Panel considered the application submitted by the Licence Holder to vary the Premises Licence by naming Santhamoorthy Subramaniam as Designated Premises Supervisor. It also considered the written and verbal representations from Lancashire Constabulary in respect of the application which included the additional evidence that had been submitted after the agenda had been dispatched.
The Panel noted that the premises was in a highly populated and mainly residential area. The Panel noted that the premises had failed test purchase operations and was particularly concerned that the person responsible for the sale of alcohol to a minor during a recent test purchase operation was the proposed new Designated Premises Supervisor.
Having carefully considered all the evidence before it, the Panel agreed that the application submitted by the Licence Holder to vary the Premises Licence be refused on the grounds that it was not satisfied that the proposed new Designated Premises Supervisor, taking into account his previous conduct, would promote the licensing objective of crime and disorder.
PANEL DECISION
That the application submitted by the Licence Holder to vary the Premises Licence by naming Santhamoorthy Subramaniam as Designated Premises Supervisor be refused.
The Application
Whitegate Drive Food & Wine, 99 Whitegate Drive Blackpool has the benefit of a premises licence authorising the sale of alcohol for consumption off the premises 08.00 - 23.00 (22.30 Sunday).
On 17th February 2014, the licensing service received an application to vary the premises licence by naming Santhamoorthy Subramaniam as designated premises supervisor. A copy of the application is attached
The Applicant
The application was submitted by Nimalarja Jeganathan who has been licence holder at the premises since May 2013.
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
None
National Guidance
The police may object to the designation of a new dps where, in exceptional circumstances, they believe that the appointment would undermine the crime prevention objective. The police can object where, for example, a dps is first specified in relation to a particular premises and the specification of that dps in relation to the particular premises gives rise to exceptional concerns. For example where a personal licence holder has been allowed by the courts to retain their licence despite convictions for selling alcohol to children and then transfers into premises known for underage drinking.
The authority considering the matter must restrict its consideration to the issue of crime and disorder and give comprehensive reasons for its decision
Observations
This premises has had the benefit of an off licence for many years, certainly since 1988. A premises licence was granted in September 2005 Since 2007 the premises has changed hands on 7 occasions, The current licence holder has been there since May 2013.
In September 2009 the licence was transferred to Dilipkumar Arulantham. An application to name him as DPS was refused on the grounds that he lived in London and would not be able to control the premises.In November 2009 a new DPS was approved who gave the address 2 Manor Road Blackpool. Since that date a succession of designated premises supervisors have given that address, many of them having personal licences issued in London.
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Brown and Elmes
Declarations of Interests
Councillors Brown and Elmes both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
None
Representors
PC L Evans, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:10 AM
Time Hearing Terminated
10:27 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel agreed to consider the application in the absence of the applicant as he had been notified of the date of the hearing and informed that this could be the case. It was also noted that the applicant had not responded to the notice of hearing.
The Panel considered the application submitted by the Licence Holder to vary the Premises Licence by naming Santhamoorthy Subramaniam as Designated Premises Supervisor. It also considered the written and verbal representations from Lancashire Constabulary in respect of the application which included the additional evidence that had been submitted after the agenda had been dispatched.
The Panel noted that the premises was in a highly populated and mainly residential area. The Panel noted that the premises had failed test purchase operations and was particularly concerned that the person responsible for the sale of alcohol to a minor during a recent test purchase operation was the proposed new Designated Premises Supervisor.
Having carefully considered all the evidence before it, the Panel agreed that the application submitted by the Licence Holder to vary the Premises Licence be refused on the grounds that it was not satisfied that the proposed new Designated Premises Supervisor, taking into account his previous conduct, would promote the licensing objective of crime and disorder.
PANEL DECISION
That the application submitted by the Licence Holder to vary the Premises Licence by naming Santhamoorthy Subramaniam as Designated Premises Supervisor be refused.
