Doncaster Metripolitan Council
Councillors:
56
Wards:
22
Committees:
25
Meetings (2025):
88
Meetings (2024):
113
Meeting
Licensing Sub-Committee - Doncaster
Meeting Times
Scheduled Time
Start:
Wednesday, 16th April 2025
10:00 AM
Wednesday, 16th April 2025
10:00 AM
End:
Wednesday, 16th April 2025
2:00 PM
Wednesday, 16th April 2025
2:00 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
16 Apr 2025
16 Apr 2025
Location:
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Meeting Attendees
Committee Member
Cabinet Member for Adults, Wellbeing and Culture
Chair
Councillor Dave Shaw
Not required
Vice-Chair
Councillor Linda Curran
Present, as expected
Committee Member
Councillor Bev Chapman
Present, as expected
Committee Member
Councillor Yetunde Elebuibon
Not required
Committee Member
Councillor John Healy
Present, as expected
Committee Member
Councillor Leanne Hempshall
Not required
Committee Member
Councillor Debbie Hutchinson
Not required
Committee Member
Councillor Emma Muddiman-Rawlins
Present, as expected
Committee Member
Councillor Thomas Noon
Not required
Committee Member
Councillor Ian Pearson
Not required
Agenda
3
Declarations of interest, if any.
Minutes
No declarations were reported at the meeting.
4
Application for a premises licence - Morrison's Daily, High Street, Barnby Dun, Doncaster, DN3 1DY
Attachments:
- Document Report morrisons daily 08 Apr 2025
- Document Morrisons daily APPENDIX D (003) 08 Apr 2025
- Document Morrisons Daily APPENDIX E 08 Apr 2025
- Document Morrisons Daily APPENDIX F 08 Apr 2025
Minutes
The Sub-Committee considered an application for the variation of an existing premises licence in respect of Morrison’s Daily, High Street, Barnby Dun, Doncaster DN3 1DY.
The Sub-Committee Members, the Applicant, and those who had made representatives, had received a copy of the agenda prior to the meeting.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, their representative, and those who had made representations in objection to the application attended the meeting made representations and answered questions.
All parties were then asked to leave the meeting, whilst the Sub-Committee
deliberated on the application and reached a decision.
RESOLVED that having considered the application for the variation of an existing premises licence in respect of Morrison’s Daily, High Street, Barnby Dun, Doncaster DN3 1DY and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to grant the application in the terms set out in Appendix B of the agenda subject to the following condition:-
· There will be no outbound deliveries between 10.00pm and 6.00am.
The Sub-Committee heard from the Applicant’s solicitor that the store in question had recently been acquired from Co-Op, together with several other stores across the country. Most of the other Group Stores were operated 24 hours a day, with shop doors being open during the day, and the shop door can be open or closed during the night, at the discretion of the shop owner. The other stores were said to have operated without any nuisance being caused to neighbouring residents, contrary to the residents’ initial concerns around nuisance, traffic, and light issues. In all cases, the Applicant asserts that residents were encouraged to contact the company with any issues and acknowledges that an application can be made for a review of the licence. The Sub-Committee were told that none of the 80 stores said to be run by the Samy Group have had any such application for a review submitted.
In relation to the Planning restriction, which was not previously known to the Samy Group, once brought to their attention, they had immediately changed their operating hours. The Sub-Committee were told that an application will be submitted to amend the restricted hours, and appreciate that if a licence was granted today, they must comply with the Planning restrictions until this was resolved. The Applicant had confirmed that they were bound by the current planning restrictions, and they must observe the early times. The Sub-Committee acknowledged the applicant’s representations that planning and licensing were separate considerations and were satisfied that existing Planning law can effectively enforce any breaches of planning legislation.
In relation to the provision of late-night refreshment, the Sub-Committee were informed that this was for the purposes of providing coffee overnight, with the possibility of some hot food. The Applicant advised that there would be no deliveries before 7am in a morning. The Applicant stated that they would accept a condition regarding no outgoing night-time deliveries between 10pm to 6am, Fiona Boothroyd the Environmental Health representative agreed this proposal.
The Sub-Committee noted from the representations from Environmental Health that there were several residential premises close to the store. The Sub-Committee acknowledged the concerns of environmental health regarding light and noise nuisance, for example resulting from the car park. Increase in public nuisance – quiet residential area, farmers’ fields, paddock across from the property, very quiet area. Ms Boothroyd stated that there could be an increase in public nuisance from noise. Using a night-pay window was a solution for the protection of the staff but increased the likelihood of night nuisance. There may be increased traffic, and additional lighting causing nuisance and public nuisance.
The representative from planning confirmed that a planning application would be required to vary the current hours. There would have to be public consultation, which would consider environmental health information. This was likely to need to go before Planning Committee.
Whilst the Sub-Committee acknowledged the information provided by the responsible authorities, the Sub-Committees remit was based on licensing and the 4 licensing objectives. The Sub-Committee had considered paragraph 14.66 of the s182 of the Revised statutory Guidance which states: -
There are circumstances when, as a condition of planning permission, a terminal hour has been set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law.
The Sub-Committee had not been presented with any actual evidence that this premises had or will cause a public nuisance, the Sub-Committee had heard there was a chance that it will cause a public nuisance but had not been presented with evidence that it is likely to cause such issues. Whilst the local resident did not attend the meeting, the Sub-Committee did consider her representation, but again, there was insufficient evidence provided. The Sub-Committee were satisfied that the Applicant will promote the licensing objectives.
The Sub-Committee Members, the Applicant, and those who had made representatives, had received a copy of the agenda prior to the meeting.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, their representative, and those who had made representations in objection to the application attended the meeting made representations and answered questions.
All parties were then asked to leave the meeting, whilst the Sub-Committee
deliberated on the application and reached a decision.
RESOLVED that having considered the application for the variation of an existing premises licence in respect of Morrison’s Daily, High Street, Barnby Dun, Doncaster DN3 1DY and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to grant the application in the terms set out in Appendix B of the agenda subject to the following condition:-
· There will be no outbound deliveries between 10.00pm and 6.00am.
The Sub-Committee heard from the Applicant’s solicitor that the store in question had recently been acquired from Co-Op, together with several other stores across the country. Most of the other Group Stores were operated 24 hours a day, with shop doors being open during the day, and the shop door can be open or closed during the night, at the discretion of the shop owner. The other stores were said to have operated without any nuisance being caused to neighbouring residents, contrary to the residents’ initial concerns around nuisance, traffic, and light issues. In all cases, the Applicant asserts that residents were encouraged to contact the company with any issues and acknowledges that an application can be made for a review of the licence. The Sub-Committee were told that none of the 80 stores said to be run by the Samy Group have had any such application for a review submitted.
In relation to the Planning restriction, which was not previously known to the Samy Group, once brought to their attention, they had immediately changed their operating hours. The Sub-Committee were told that an application will be submitted to amend the restricted hours, and appreciate that if a licence was granted today, they must comply with the Planning restrictions until this was resolved. The Applicant had confirmed that they were bound by the current planning restrictions, and they must observe the early times. The Sub-Committee acknowledged the applicant’s representations that planning and licensing were separate considerations and were satisfied that existing Planning law can effectively enforce any breaches of planning legislation.
In relation to the provision of late-night refreshment, the Sub-Committee were informed that this was for the purposes of providing coffee overnight, with the possibility of some hot food. The Applicant advised that there would be no deliveries before 7am in a morning. The Applicant stated that they would accept a condition regarding no outgoing night-time deliveries between 10pm to 6am, Fiona Boothroyd the Environmental Health representative agreed this proposal.
The Sub-Committee noted from the representations from Environmental Health that there were several residential premises close to the store. The Sub-Committee acknowledged the concerns of environmental health regarding light and noise nuisance, for example resulting from the car park. Increase in public nuisance – quiet residential area, farmers’ fields, paddock across from the property, very quiet area. Ms Boothroyd stated that there could be an increase in public nuisance from noise. Using a night-pay window was a solution for the protection of the staff but increased the likelihood of night nuisance. There may be increased traffic, and additional lighting causing nuisance and public nuisance.
The representative from planning confirmed that a planning application would be required to vary the current hours. There would have to be public consultation, which would consider environmental health information. This was likely to need to go before Planning Committee.
Whilst the Sub-Committee acknowledged the information provided by the responsible authorities, the Sub-Committees remit was based on licensing and the 4 licensing objectives. The Sub-Committee had considered paragraph 14.66 of the s182 of the Revised statutory Guidance which states: -
There are circumstances when, as a condition of planning permission, a terminal hour has been set for the use of premises for commercial purposes. Where these hours are different to the licensing hours, the applicant must observe the earlier closing time. Premises operating in breach of their planning permission would be liable to prosecution under planning law.
The Sub-Committee had not been presented with any actual evidence that this premises had or will cause a public nuisance, the Sub-Committee had heard there was a chance that it will cause a public nuisance but had not been presented with evidence that it is likely to cause such issues. Whilst the local resident did not attend the meeting, the Sub-Committee did consider her representation, but again, there was insufficient evidence provided. The Sub-Committee were satisfied that the Applicant will promote the licensing objectives.
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