Agenda item

Purpose.

For the committee to consider an application for the grant of a new premises licence pursuant to section 18 of the Licensing Act 2003 ('the Act'). 

The matter has been referred to the committee for determination following receipt of relevant representation(s) from either one or more of the responsible authorities and/or from other persons.  Further details about the representations are shown in the report.

RECOMMENDED that the committee determine this matter.

Mr Suresh Kanapathi, Solicitor for the applicant and Mr Thines Jeyarantnam, the applicant were present.

Mr Andrew Colthup, objector and local resident was also present.

The hearing procedure of Licensing Act 2003 applications for 'interested parties' was followed.

Decision

In the matter of the Licensing Act 2003. 

In the matter of application for grant of a premises licence - Twyford Convenience , 139 Twyford Avenue, Portsmouth, PO2 8HU.

The Committee has heard the representations of the applicant and has considered all the papers put before them along with the annexes attached to each document.  They have listened to all representations from the community and local representatives. 

The Responsible Authorities make no assertions or comments with respect to the application save as outlined on annex D (page 125). 

This Committee is seized of this application by reason of there having been a range of formal complaints received by the Licensing Authority from a number of local residents.  The consequence of that fact being that the Committee will determine this application according to the facts and upon merit each case being looked at on an individual basis. 

The alleged failing upon the part of the applicant is that the application should be refused, as there is no basis for it to be concluded that the relevant licensing objectives are being promoted.  The theme of the written representations is that a grant of the application would lead to a greater risk of there being a nuisance along with there being a failure to prevent crime and disorder and a potential issue as to public safety.  In addition a number of the representations refer to the lack of there being a "need" within the area for another off licence facility. 

The Committee look to all the Responsible Authorities but mainly the Police for guidance and assistance in determining the effect of a licensing activity in terms of all the licensing objectives, but principally in terms of the Police, prevention of crime and disorder.  The committee should not, but are not obliged, to accept all reasonable and proportionate representations made by the Police.  It is noteworthy that the Police and all other responsible authorities have made no representations to this Committee.  It is further noted that the applicant has agreed a condition with respect to the sale of alcohol not above 6.5% ABV, and also that cans are not to be sold on a single unit basis.  Additionally the Committee notes that the applicant offers additional CCTV and whilst not imposed as a condition, the applicants are asked to work with the community and statutory authorities.

The above stated the Committee have balanced within their consideration all representations made by the applicant and by way of comments made by way of written and oral comment from those in attendance today.

It is felt that whilst many of the representations are clearly highly relevant to the complainants, that they fail to establish that the licensing objectives are not being promoted as the potential failing are by and large based upon what "may happen" as opposed to showing a failure to promote a licensing objective. Further the concept of "need" is not a relevant consideration for the purposes of the application before this Committee.  The Committee adds further that should anyone see a potential act of criminality they should be referred to the appropriate authorities to take action. The focus of a review process with the licensing committee is with the respect to a failure to promote any of the licensing objectives.

In considering the application the Committee is mindful of the following and considered that having heard all matters today could conclude that the following facts have been established:

1.    The applicants have engaged with all the responsible authorities in agreeing a range of conditions that promote all licensing objectives.

2.     Whilst the Committee have heard a range of complaints they cannot be related to the premises and when considered and balanced are not such as to establish any fact.

Whilst the applicant has put forward a range of conditions in an attempt to assuage the concerns of local residents and having considered the evidence produced to this Committee and having reviewed all aspects of the case the Committee are entitled to grant the application. 

The Committee state that each application for a licence or a variation shall be considered on merit and with due consideration as to the specific facts of each case. 

All parties human rights have been engaged and the Committee has considered the right to a fair hearing.

In addition and for the avoidance of doubt, the Committee did consider the ability under the 2003 Act to consider a review and how and by whom a review could be initiated but were of the mind that this was an appropriate safety mechanism. 

The application is therefore granted and there is a right to appeal this decision.