Agenda item

Decision

The Sub Committee has considered very carefully the application for a premises licence at the Highland Express Convenience Store, 121 Highland Road.  It gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of licensing policy.

The Sub Committee considered the relevant representations, both written and given at the hearing, by all parties.  Human rights legislation and the public sector equality duty has been borne in mind whilst making the decision.

The Sub Committee noted that there had been representations from residents, with the majority having signed a petition. Residents are raising concerns broadly in relation to the licensing objectives of nuisance and crime and disorder.

After having heard all of the above evidence the Sub Committee determined to grant the proposed application in the terms sought.

Reasons

Residents raised, amongst others, the following issues by way of objection:

-       Public nuisance - fears reference noise and loitering

-       Parking

-       Waste (during the course of the hearing)

-       Need / necessity of additional alcohol sales premises

-       Impact upon families and children's sleep

-       Noise / lack of soundproofing

It is understood from the oral representation given at the hearing that residents object to a convenience store with such extensive hours of opening and sale of alcohol.

The applicant in evidence given today made it clear that the premises will be a small convenience store and it will be 6-8 weeks before the store opens. There has been substantial investment to purchase and further to fit out the store. The shop will provide employment. The applicant already owns and runs a Costcutter store in Southsea which has opening hours until 2am on certain nights.

The applicant stated that people purchasing alcohol after leaving other licensed venues / premises is not something he experiences at his other store.

The aim of the applicant is to provide a convenience store where customers are able to purchase all their groceries in one go, including alcohol.

The applicant reassured the Sub Committee that the fact he has another store means he is well aware of the measures that can be undertaken in the event that his premises is the cause of nuisance or crime and disorder. The applicant is aware that if granted and taken away this would have a massive impact upon his business given the level of investment and reduction in trade.

Whilst it was acknowledged by the Sub Committee that there are a number of stores offering alcohol at similar hours, that commercial "need" is not a relevant factor when making licensing decisions.

Statutory guidance, issued in accordance with s.182 of the Licensing Act 2003 states (para 10.15) that shops should normally be able to sell alcohol at hours the business is normally open unless there is good reason not to.

The Sub Committee noted that there were no representations from responsible authorities and accepted the applicant's assertion that due weight had to be given to that fact given that responsible authorities are noted being experts in their field.

It was confirmed that following consultation, police confirmed they are happy with the proposed hours but not later.

Whilst acknowledging the fact that the premises may cause noise to adjacent properties the Sub Committee was restricted to consideration of the application only (i.e. the sale of alcohol at the premises) and not whether the store can open as a convenience store generally. As a result the Sub Committee was mindful that many of the issues were not strictly limited to the proposed licensable activity (i.e. noise, waste etc.). Also, other matters fall strictly outside the permitted areas of consideration for the Sub Committee (such as need and parking etc.). The general principle of whether a convenience store could open at this location was not a matter to be decided by this Sub Committee.

The application indicates that CCTV will be provided at the premises and it was confirmed during the hearing that this shall cover internal and external areas. This will assist with monitoring queueing (Covid concerns) and homeless people if present.

Training will provided to staff at the premises and a refusals log shall be maintained - to show staff are making appropriate challenges to those appearing to be underage. This will be available for inspection by the police or the licensing authority.

Beers, wines and spirits shall not be sold at the store if they exceed 6.5% abv and the applicant shall operate a challenge 25 scheme.

The Sub Committee was also reassured by the assurances of the applicant during the hearing that rubbish / waste shall not to be stored outside of the shop (not to the rear so as to cause a fire hazard and not outside the front of the store other than for commercial waste collection and on the day of collection).

It was noted that the applicant would have wished to ask questions surrounding the petition - of the person collecting signatures as well as those that signed.

Residents should be reassured that there is a right to commence a review of the premises licence where issues arise as a result of the licensable activity at the premises (the sale of alcohol) and that this can result is swift action to address problems that arise where evidence shows it is appropriate.

Residents are reminded that if noise is an issue there are other means of enforcement through the Environmental Protection Act 1990 and environmental health should be contacted where there are concerns. Likewise the police if there are issues regarding crime and or disorder. Ward Councillors can assist residents where concerns arise.

There is a right of appeal for all parties to the Magistrates' Court and formal notification of the decision will set out that right in full.

Derek Stone, Principal Licensing Officer, presented the Licensing Manager's report.  The application had resulted in 11 representations (there was some duplication of these and the petition) and for information two further representations had been circulated to the panel members from Mrs Warren and Mrs Jones.

Questions were raised by members, including the notification process - it was confirmed that this was in order and would not be a ground for refusal. It was also confirmed that there had been no objections raised by any of the Responsible Authorities.

A resident ("other person"), Ms D Staker, wished to raise concerns and was advised by the Chair that she had the opportunity to do so after questions to the relevant parties.  

Mr Wallsgrove the applicant's solicitor had no questions of Mr Stone.

Applicant's case - Mr Wallsgrove presented the case on behalf of Mr Uthayatharan (also referred to as Kumar), outlining the plans for this small convenience store, which would take 6-8 weeks to fit out if approved. The unit had been empty for months and would provide employment.  The applicant is an experienced operator, owning a convenience store in Outram Road.  The premises licence and the late hours were essential to convenience retail operation, and the use would be subject to review if there was evidence to support it. He pointed out that the Responsible Authorities had not submitted objections; they had discussed the hours with the police who did not raise concern but did not want opening later than midnight. There would be due diligence measures, such as CCTV and staff would receive the appropriate training to make alcohol sales challenges. The applicant expected there to be a local customer base rather than customers driving there.

Mr Wallsgrove responded to the mention of rubbish and emergency exit by Ms Staker, which were not linked to the licensable activities. He asked Mr Kumar to outline the rubbish storage arrangements, with wholesalers taking back packaging and storage inside and a commercial collection of waste.

Only a few people had signed the petition and it was not known how many had been approached by the organiser.

Questions were then asked by members who asked about soundproofing to protect the flat above and storage areas on the plan.  The noise issue would be a matter for environmental health.  It was also asked if there had been complaints regarding the other shops owned by the applicant.  The applicant had helped the police with queries regarding incidents outside with access to CCTV.  The planning use was clarified as permitted development from Class A1 to retail use.

In response to a question from Mrs Staker (for residents) Mr Wallsgrove confirmed on behalf of the applicant that rubbish would not be stored outside. Mrs Staker also raised problems with the lack of soundproofing but raised no further questions.

Other Persons

Mrs Staker stated that she was also representing the other 2 objectors.  She raised problems of noise, being in a residential area with children living adjacent, the concerns of rubbish storage and fire safety, the 18 hours opening time was too long for a residential setting, especially with the sale of alcohol.

Mr Wallsgrove confirmed the operating hours as set out in the operating schedule of 6am until 12 midnight.  He raised no questions of Mrs Staker nor did the Principal Licensing Officer.

None of the parties took the opportunity to sum up after Mrs Staker said she had nothing further to add and left the virtual meeting.

The chair thanked everyone for their participation and explained that the decision would be made during private deliberations, in the presence of the Legal Adviser and Democratic Services Officer, and circulated to all parties as soon as possible.

Decision

The Sub-committee has considered very carefully the application for a premises licence at the Highland Express Convenience Store, 121 Highland Road.  It gave due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of licensing policy.

The Sub-committee considered the relevant representations, both written and given at the hearing, by all parties.  Human rights legislation and the public sector equality duty has been borne in mind whilst making the decision.

The Sub-committee noted that there had been representations from residents, with the majority having signed a petition. Residents are raising concerns broadly in relation to the licensing objectives of nuisance and crime and disorder.

After having heard all of the above evidence the Sub-committee determined to grant the proposed application in the terms sought.

Reasons

Residents raised, amongst others, the following issues by way of objection:

-       Public nuisance - fears reference noise and loitering

-       Parking

-       Waste (during the course of the hearing)

-       Need / necessity of additional alcohol sales premises

-       Impact upon families and children's sleep

-       Noise / lack of soundproofing

It is understood from the oral representation given at the hearing that residents object to a convenience store with such extensive hours of opening and sale of alcohol.

The applicant in evidence given today made it clear that the premises will be a small convenience store and it will be 6-8 weeks before the store opens. There has been substantial investment to purchase and further to fit out the store. The shop will provide employment. The applicant already owns and runs a Costcutter store in Southsea which has opening hours until 2am on certain nights.

The applicant stated that people purchasing alcohol after leaving other licensed venues / premises is not something he experiences at his other store.

The aim of the applicant is to provide a convenience store where customers are able to purchase all their groceries in one go, including alcohol.

The applicant reassured the Sub-committee that the fact he has another store means he is well aware of the measures that can be undertaken in the event that his premises is the cause of nuisance or crime and disorder. The applicant is aware that if granted and taken away this would have a massive impact upon his business given the level of investment and reduction in trade.

Whilst it was acknowledged by the Sub-committee that there are a number of stores offering alcohol at similar hours, that commercial "need" is not a relevant factor when making licensing decisions.

Statutory guidance, issued in accordance with s.182 of the Licensing Act 2003 states (para 10.15) that shops should normally be able to sell alcohol at hours the business is normally open unless there is good reason not to.

The Sub-committee noted that there were no representations from responsible authorities and accepted the applicant's assertion that due weight had to be given to that fact given that responsible authorities are noted being experts in their field.

It was confirmed that following consultation, police confirmed they are happy with the proposed hours but not later.

Whilst acknowledging the fact that the premises may cause noise to adjacent properties the Sub-committee was restricted to consideration of the application only (i.e. the sale of alcohol at the premises) and not whether the store can open as a convenience store generally. As a result the Sub-committee was mindful that many of the issues were not strictly limited to the proposed licensable activity (i.e. noise, waste etc.). Also, other matters fall strictly outside the permitted areas of consideration for the Sub-committee (such as need and parking etc.). The general principle of whether a convenience store could open at this location was not a matter to be decided by this Sub-committee.

The application indicates that CCTV will be provided at the premises and it was confirmed during the hearing that this shall cover internal and external areas. This will assist with monitoring queueing (Covid concerns) and homeless people if present.

Training will provided to staff at the premises and a refusals log shall be maintained - to show staff are making appropriate challenges to those appearing to be underage. This will be available for inspection by the police or the licensing authority.

Beers, wines and spirits shall not be sold at the store if they exceed 6.5% abv and the applicant shall operate a challenge 25 scheme.

The Sub-committee was also reassured by the assurances of the applicant during the hearing that rubbish / waste shall not to be stored outside of the shop (not to the rear so as to cause a fire hazard and not outside the front of the store other than for commercial waste collection and on the day of collection).

It was noted that the applicant would have wished to ask questions surrounding the petition - of the person collecting signatures as well as those that signed.

Residents should be reassured that there is a right to commence a review of the premises licence where issues arise as a result of the licensable activity at the premises (the sale of alcohol) and that this can result is swift action to address problems that arise where evidence shows it is appropriate.

Residents are reminded that if noise is an issue there are other means of enforcement through the Environmental Protection Act 1990 and environmental health should be contacted where there are concerns. Likewise the police if there are issues regarding crime and or disorder. Ward Councillors can assist residents where concerns arise.

There is a right of appeal for all parties to the Magistrates' Court and formal notification of the decision will set out that right in full.