Agenda and minutes

Members and Officers must declare any disclosable pecuniary interests in relation to any business on the agenda. Declarations should also be made at any stage an interest becomes apparent during the meeting.

If in doubt contact the Legal or Democratic Services representative for this meeting.

There were no declarations of interest.

There were no substitute members.

So as to provide the best opportunity for the Committee to provide the public with the fullest answer, questions from the public should be submitted by midday on Monday 18 November 2024.

Where relevant notice of a question has not been given, the person presiding may either choose to give a response at the meeting or respond by undertaking to provide a written response within three working days.

Questions should be submitted to Democratic Services - democratic.services@adur-worthing.gov.uk

(Note: Public Question Time will last for a maximum of 30 minutes)

There were no questions from members of the public.

Pre-submitted Members questions are pursuant to rule 12 of the Council & Committee Procedure Rules.

Questions should be submitted by midday on Monday 18 November 2024 to Democratic Services, democratic.services@adur-worthing.gov.uk

(Note: Member Question Time will operate for a maximum of 30 minutes.)

There were no questions from Members.

To consider a report by the Director for Sustainability & Resources, copy attached as item 4.

Before the Sub-Committee was a report by the Director for Sustainability & Resources, which has been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 4. Members were requested to consider and determine an application from Motor Fuel Ltd (Worthing Service Station).

Presenting Officer outlined the application

The Licensing Officer outlined the application explaining why the application had been brought to Committee.

The Applicant’s Lawyer confirmed that the Licensing Officer had provided an accurate outline of the application.

Questions from Members for the presenting Officer

In response to Members queries the Officer clarified that the section on Late-Night Refreshment from the WBC's Licensing Act Policy had been omitted within the report in error but he had stressed to members in his presentation that the policy as a whole must be considered. 

Representation from Representor Cllr John Turley

Councillor Turley spoke as the Gaisford Ward Councillor representing several concerned residents who had spoken to him about the application. He clarified that a number of houses backed on to the boundary of the service station, the majority of adjacent neighbours were against the application and were concerned that extending the alcohol licence to 24 hours a day and allowing late night refreshments from 23.00 to 05.00 would result in an increase of people visiting the premise during those hours causing disturbance and possible anti-social behaviour.

Questions from Members to Cllr John Turley

Members asked the Councillor if he was aware of any current occurrences of anti-social behaviour involving the service station and the councillor confirmed that he wasn’t, but pointed out that the premises was close to Manor Sports Ground which had been a ‘hot spot’ for anti-social behaviour in the past.

Questions from Applicant’s Legal Representative to Cllr John Turley

There were none.

Representation from the Applicant’s Legal Representative

The Applicant’s Legal Representative introduced the Area Manager and the Store Manager who were also present at the meeting. He explained that Motor Fuel Ltd (MFG) currently owns 700 twenty four hour petrol stations and had recently acquired 234 Morrison’s petrol stations, many of which were also 24 hours. He clarified that in the five to six years he had been acting for MFG, none of those premises had been the subject of a licensing review. In the few occurrences when complaints had been received, MFG had worked with the complainants to resolve issues. The Legal Representative explained the reasons for the three parts of the variation application and how MFG had complied with the Police's request regarding CCTV.  Drawing attention to the fact that the Environmental Health had raised no objection to the application, he acknowledged the concerns of nearby residents but reasoned that the premises would be able to open 24 hours for petrol sales without a licence, regardless of the outcome of this application. Whilst he recognised the public's anxiety regarding the history of anti-social behaviour at the nearby sports ground, he concluded that no evidence had been provided that  ...  view the full minutes text for item LCSC/20/24-25

To consider a report by the Director for Sustainability & Resources, copy attached as item 5.

Before the Sub-Committee was a report by the Director for Sustainability & Resources, which has been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 5. Members were requested to consider and determine an application from Motor Fuel Ltd (Brooklands Service Station).

Presenting Officer outlined the application

The Licensing Officer outlined the application explaining why the application had been brought to Committee and drawing to their attention the late mediation that had taken place between the Applicant and the police and the resulting addendum to the agenda that had been published that morning. He clarified that the Applicant had withdrawn their application for 24 hour alcohol sales and late-night refreshment, and instead were asking for a one hour extension of the current hours for alcohol to 00:00hrs (midnight) and authorisation for late night refreshment from 23:00hrs to 00:00hrs (midnight), taking the closing hour to midnight.

At the request of the Planning Committee Chair, the Officer also highlighted a factual error on page 142 of the agenda, within one of the representors written objection. He explained that the  author asserted that the Planning Committee Chair had been required to utilise his casting vote as chair at a planning hearing regarding this premises because the vote had been 3 in favour and 3 against with 1 abstention. In fact the vote had been 4 in favour and 3 against with 1 abstention and so a casting vote from the chair was not required.

The applicant confirmed that the Licensing Officer had provided an accurate outline of the application.

Questions from Members for the presenting Officer

The Officer explained to the Members queries regarding why the mediation had taken place only the day before by explaining the Police and the Applicant had both emailed him late the previous afternoon stating they had come to an agreement. They did not offer any explanation why this had not been resolved earlier in the application process and they were under no obligation to do so, as under the licensing act, mediation can continue up to and even while the committee hearing is in process and amendments can be made to an application at that hearing.

Representation from Cllr Carl Walker

Cllr Walker explained that he resided close to the Brooklands Service Station and  recognised the late amendment to the application but stated his objections remained the same. He explained how, in his capacity as a Councillor and as a resident, he had been in contact with many of the residents who had made representations objecting to the application, believing it to be at odds with the licensing objectives. He stated that alcohol related crime had risen in that area and he saw no good reason to put the safety of the local residents at risk by any extension of the licensing hours at the premises as he believed it would lead to increased anti-social behaviour and public disorder and expressed concern that allowing an extra hour of  ...  view the full minutes text for item LCSC/21/24-25