Agenda item

That planning permission be granted subject to the conditions detailed in the report of the Head of Planning with condition 14 being amended to opening hours of 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays, and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking or the making of an advance payment to provide the payment of £3500 in respect of the cost of a Traffic Regulation Order and the associated parking restriction lining along Wrexham Road, Brook Street and Conway Street.  

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

            The officer detailed the background to the report and explained that, at the previous meeting on 20 February 2013, Members had imposed restrictions on the opening hours, but the Licensing Sub-Committee had met on 28 February 2013 in respect of a licence to sell alcohol and had resolved to approve an amended proposal in terms of the opening hours.  The hours resolved at the meetings of this Committee on 20 February 2013 and the Licensing Sub-Committee were reported. 

            Mr. O. Davies, for the applicant, spoke in support of the application and provided detail on the background of the company.  He explained that the hours agreed for the licence were required for the proposed store.  He spoke of other stores in the area run by the applicant which had lengthy opening hours, and explained that the company intended to employ 24 local people, had achieved accreditation in Investors In People, paid above the minimum wage and had a care package which was second to none in the sector.  

            Councillor P.G. Heesom proposed that the hours remain as resolved at the meeting held on 20 February 2013, which was duly seconded.  He said that the site was in a residential area and the quality of life of the residents would be affected and asked Members to uphold the previous decision. 

            Councillor M.J. Peers raised concern that the application was back before Committee and took exception to the comments in the report that Members should be mindful that their reasoning, in coming to any decision alternative to that suggested, should be made upon a clear and sound planning basis.  He considered that the previous decision was soundly-based.  He referred to the hours imposed by the Licensing Sub-Committee and said that if the store was not open for the whole of the time period stated then the hours on the licence could not apply. 

            The local Member, Councillor G.H. Bateman spoke against the amended hours proposed by the Licensing Sub-Committee.  The site was in a quiet residential area and residents were fearful of anti-social behaviour.  He referred to policies in the Unitary Development Plan which the application did not comply with as it impacted on the amenity of residents and could cause a nuisance.  He felt that the hours of opening should be restricted to 7am to 9pm Monday to Saturday and 9am to 4pm on Sundays and Bank Holidays, as resolved at the previous meeting of this Committee. 

            Councillor R.C. Bithell referred to the alternative hours proposed by the Licensing Sub-Committee and queried what would happen if the applicant appealed against the decision of this Committee to restrict the hours.  The Principal Solicitor clarified what matters the Licensing Sub-Committee had to consider under the Licensing Act 2003 when determining licensing applications, in relation to what were planning considerations.  He advised that there was a degree of overlap in these material considerations but that the Planning Committee could impose different restrictions.  However, he reminded Members of the need to have a clear and sound planning basis if they intended to impose alternative opening hours to those to permit the sale of alcohol set by the Licensing Sub-Committee. 

            Councillor R.B. Jones referred to the decision of the Licensing Sub-Committee and raised concern that they did not consider the amenity of residents when making their decision.  He supported the hours put forward by the local Member, Councillor Bateman, at the previous meeting but felt that the Inspector would impose the hours set by the Licensing Sub-Committee.  The Principal Solicitor said that if the application went to appeal, all of the relevant information would be submitted to the Inspector including the decision of this Committee and the Licensing Sub-Committee. 

            Councillor C.M. Jones spoke of her experience of living next to a convenience store and the anti-social behaviour problems that were caused at the store which was open until 11pm each day.  Councillors N. Phillips and H.G. Roberts concurred that the hours of opening should be as agreed at the 20 February 2013 Committee meeting.  In response to a query from Councillor Phillips, the Principal Solicitor said that the applicant could appeal to the Magistrates if they disagreed with the hours imposed for the licence but if they appealed a planning decision, the appeal would be determined by a Planning Inspector. 

            Councillor A.I. Dunbar said that he had been on the Licensing Sub-Committee that had made the decision of the licensing hours and said that considerations of the local residents and schoolchildren had been taken into account when making their decision.  They had agreed to the longer licensing hours but had put a proviso into the decision that, because of the objections received, the application would be referred back to the Licensing Sub-Committee in 12 months, and if there had been any complaints of anti-social behaviour, then the licensing hours could be reviewed.  Councillor D. Butler felt that the hours imposed by the Planning Committee should be tested and reviewed if appropriate. 

            The Planning Strategy Manager queried whether the Committee were being consistent as there was a licensed Italian restaurant and convenience shop close by which had longer opening hours than had been proposed at the last Planning and Development Control Committee meeting.  He asked whether Members had considered granting a temporary permission on the basis of the licensing hours to see if there was any evidence of anti-social behaviour. 

            In summing up, Councillor Heesom said that he felt that the essential test was the location: did the location demonstrate a need?  There was no evidence of need for the longer hours and the longer hours would create the need.  He felt that the extended opening hours would lead to disamenity in the area and late night opening was not appropriate as the application site was not in the town centre.  It would be unfair on the residents in the area if the hours that had been applied for were introduced.  The tests to be applied in determining planning applications were different to those of the Licensing Sub-Committee.  He asked that Members endorse the decision of the meeting of the Committee held on 20 February 2013. 

            On being put to the vote the proposal to refuse the extended hours detailed in the report and endorse the hours of 7am to 9pm Monday to Saturday and 9am to 4pm Sundays and Bank Holidays as agreed at the meeting of the Planning and Development Control Committee held on 20 February 2013 was CARRIED. 

RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning with condition 14 being amended to opening hours of 7am to 9pm Monday to Saturday and 7am to 4pm on Sundays and Bank Holidays, and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking or the making of an advance payment to provide the payment of £3500 in respect of the cost of a Traffic Regulation Order and the associated parking restriction lining along Wrexham Road, Brook Street and Conway Street.