Agenda and minutes

To receive any apologies for absence.

None to note

To receive any declaration of personal interest.

None to note.

To note any items that are a matter of urgency in the view of the Chairman for consideration.

None to note.

MOTOR FUEL LTD, CONVENIENCE STORE, PORTHMADOG FILLING STATION, PORTHMADOG, LL49 9NG

To consider the above application

1.            APPLICATION FOR PREMISES LICENCE - MOTOR FUEL LTD, CONVENIENCE STORE, PORTHMADOG FILLING STATION, PORTHMADOG

The panel and the officers were introduced to everyone present. It was announced that everyone had up to 10 minutes to share their observations on the application.

On behalf of the premises: Mr Chris Mitchener (Licensing Solutions agent on behalf of Motor Fuel Ltd).

Others in attendance: Councillor Jason Humphreys (Local Member Porthmadog East),  

   Councillor Selwyn Griffiths (on behalf of Porthmadog Town Council)

The report and recommendation of the Licensing Section.

a)    Submitted – the report of the Licensing Manager giving details of the application for a premises licence for ‘Convenience Store’ Porthmadog Filling Station. It was highlighted that the application was one for a single-storey convenience store to be located on the forecourt of the existing garage with the intention of selling alcohol to be consumed off premises and the provision of late-night refreshments on the premises. It was noted that the applicant had included appropriate steps to promote the four licensing objectives as part of the application.

In the report, reference was made to the relevant legal information: Paragraph 5.21 of the Revised Guidelines (March 2015) published under Section 182 of the Licensing Act 2003 where it is noted that Section 176 of the Licensing Act 2003 prohibits the sale or supply of alcohol from premises that is used primarily as a garage, or is part of premises that is used primarily as a garage. It was emphasised that a premises was used primarily as a garage if it was used for one or more of the following

·         the retailing of petrol

·         the retailing of derv

·         the sale of motor vehicles

·         the maintenance of motor vehicles

It was emphasised that it was a matter for the licensing authority to decide, based on the licensing objectives, whether it would be appropriate for the premises to hold a licence.  Attention was drawn to the operating schedule and the plan submitted with the application along with additional information.

Following a consultation period, it was noted that no observations had been received from the Environmental Health Service nor the Fire and Rescue Service and that North Wales Police did not oppose the application. Two objections to the application had been received from the Local Member and Porthmadog Town Council.

b)    In considering the application, the following procedure was followed:-

·      Members of the Sub-committee and the applicant were given an opportunity to ask questions of the Licensing Manager.

·     The applicant was invited to expand on the application.

·     Consultees were given an opportunity to submit their observations

·     The licensee, or his representative, was invited to respond to the observations.

·     Members of the Sub-committee were given an opportunity to ask questions of the licensee.

·     Members of the Sub-committee were given an opportunity to ask questions of the consultees.

c)    In elaborating on the application, the agent noted on behalf of the applicant that he was happy with what had been submitted and corroborated the following observations:

·         The intention was  ...  view the full minutes text for item 4.