Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 12 December 2018 2.30 p.m.

Venue: District Council Chamber, South Lakeland House, Kendal. View directions

Contact: Committee Services 

No. Item


Election of Chairman

To elect a Chairman for the meeting.


RESOLVED – That Councillor John Holmes be elected Chairman for the meeting.


Apologies and Reconstitution of Membership

To receive apologies for absence, if any, and to report any arising changes to membership.


There being no apologies for absence, no reconstitution of membership was necessary.



The Chairman will make introductions and read out the procedure for the meeting.


The Chairman made introductions and read out the procedure for the meeting.


Declarations of Interest

To receive declarations by Members of interests in respect of items on this Agenda.


Members are reminded that, in accordance with the revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable interests which have not already been declared in the Council’s Register of Interests.  (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting.)


Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.


If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact the Monitoring Officer at least 24 hours in advance of the meeting.


REESOLVED - That it be noted that no declarations of interest were raised.


Local Government Act 1972 - Excluded Items

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.


RESOLVED – That it be noted that there are no excluded items on the agenda.


Application for Variation of a Premises Licence under the Licensing Act 2003 - Asda Stores Limited, Kendal pdf icon PDF 214 KB

To consider an application for a variation to a premises licence.

Additional documents:


The Licensing Officer presented a report which requested consideration of an application for a variation to a premises licence in respect of Asda Stores, Kendal.  She provided details of the consultation which had taken place as set out in the report, and advised that, whilst there had been no responses received from any of the Responsible Authorities, one had been received from local residents, Mr and Mrs Williams, raising concerns with regard to the effect of the variation on the licensing objective pertaining to “The Prevention of Public Nuisance”, as attached at Appendix B to the report.  This had been brought to the attention of the applicant whose solicitor had written to the representatives to provide clarity on the application, as attached at Appendix C to the report, however, the representatives had not subsequently withdrawn their objection.  In response to a query raised by a Member, the Licensing Officer clarified that no meeting had taken place between the applicant or their solicitor and the representatives.


The applicant’s solicitor, Clare Johnson, was present, together with Mark Swift, Manager of the Asda, Kendal Store.


Ms Johnson provided details of the Asda Kendal Store’s current licensable activities and explained that the application was for an increase to 24 hours each day of the week for the sale of alcohol, which equated to an increase in only nine hours.  The application stemmed from the fact that the store could not currently sell alcohol until 8.00 a.m. on a Monday and a desire to operate earlier on Christmas Eve, which would fall on a Monday this year, and on weekdays for a number of forthcoming years.


The application was also for a variation for 24 hour opening and for late night refreshments from the hours of 23:00 to 05:00.


Ms Johnson referred to the concerns raised by the representatives with regard to the sale of late night refreshments between the hours of 23:00 and 05:00.  She advised that there was currently no intention to open the café during these hours but that the application was to enable the sale of, for example, hot chicken and sausage rolls, as well as hot drinks.  She pointed out that hot chickens were currently sold until 21:00 hours.


Ms Johnson pointed out that Asda operated many such licences and informed the Sub-Committee that she had acted for the company for 14 years during which time there had been no issues or reviews carried out as a result of the Licensing Act.  Asda acted in some challenging areas and there had been no adverse reports, despite the sale of late night refreshments.


Ms Johnson provided details with regard to Challenge 25 and on how the company strictly adhered to the scheme.  She referred to the training provided by Asda to its staff and explained that an independent company was used to carry out test purchases.


Ms Johnson informed the Sub-Committee about the CCTV system at the Asda Kendal Store and highlighted the fact that no issues had been raised in  ...  view the full minutes text for item LS/31