Agenda item

RESOLVED

TO GRANT THE PREMISES LICENCE (with the inclusion of the conditions agreed with the Police and that no single cans or bottles of beer or cider shall be sold at the premises)

Hours for Licensable Activities:

Reasons:

The Sub-Committee has considered an application for the grant of a new premises licence under section 17 of the Licensing Act 2003.

The Sub-Committee carefully considered all the relevant information including:

• Written and oral representations by all the parties;
• The Licensing Act 2003 and the steps that are appropriate to promote the licensing objectives;
• The Guidance issued under section 182 of the Licensing Act 2003;
• The Council’s Licensing Policy; and
• Human Rights Act 1998.

The Sub-Committee hearing was held in person.

In making its decision, the Sub-Committee carefully considered the application and all written representations, as set out within the report and the verbal representations made at the hearing by the Applicant/agent. None of the local businesses who made representations attended, but their written representations were considered by the Sub-Committee.

The Sub-Committee heard from the Licensing Officer who presented his report. The Application was submitted on 25^th February 2022 for a new premises licence. The licensable activity applied for is the sale of retail of alcohol – off premises only. The licensable hours applied for were Monday to Sunday from 08:00 hours to 01:00 hours. The Premises are located in a residential area with other commercial premises. The Premises are currently unlicensed.

Prior to the Sub-Committee hearing, the Applicant and the Police were in communication, however no licensing conditions were agreed. The Licensing Team received three valid representations from two local businesses, and the Police. The main areas of concern raised by the objectors related to crime and disorder and public nuisance.

The Sub-Committee heard from the Applicant and his agent. The Applicant advised the Sub-Committee that he is in the process of acquiring the lease for the Premises and has a business partner who will be investing funds into business where they plan to renovate the Premises as the area is being regenerated. The Applicant advised that the investment would be beneficial to the local community. The Applicant reviewed the objections made by local residents and believed that the issues surrounding the previous licence holder related to communication issues with local residents, various Council departments and the Police. He was unaware of the issues surrounding the Premises and the previous license holder. On 18^th April 2022, the Applicant met with the Police to discuss possible license conditions however they were not agreed. The Applicant has managed other Premises, and he has not experienced any nuisance issues there. He hopes that the same will be the case at these Premises. The applicant is a Designated Premises Supervisor, he will be managing the Premises day-to-day and will be training staff members.

The Sub-Committee heard from the Applicant’s agent who clarified that they assisted the previous licence holder for a premises licence, they did not manage the Premises properly and had failed to promote the licensing objectives.

The Sub-Committee clarified with the Applicant the relationship between the previous licence holders. The Applicant advised that there is no familial relationship between the parties.

The Sub-Committee heard from the Police, who have been aware of the issues relating to anti-social behaviour, nuisance and incidents of violence. However there has been minimal evidence as local residents have not been forthcoming in the past relating to the previous licence holder. The Police were also concerned as to who was in legal possession of the Premises; at present the previous licence holder of the premises is the leaseholder. In respect of nuisance; the Applicant proposed to sell high strength beers and ciders which would contribute towards street drinking and possibly affect vulnerable groups. The Applicant had not agreed to proposed licensing conditions however had engaged with the Police.

The Applicant clarified with the Sub-Committee that there is a delay in the purchase of the Premises as the Premises (freehold) is owned by a limited company. The director does not reside in the UK; due to this there is a delay in completing the sale of the premises. There are two other directors however they are unable to sign on behalf of the limited company. The Applicant further confirmed that he would agree to the Police’s proposed licensing conditions.

The Sub-Committee reviewed the proposed licence condition that “There will be no sale/supplies of beers, ales, lagers or ciders or anything similar of 6.5% AVB or above”.

The Sub-Committee agreed an additional licensing condition that: “There will be no sale/supplies of single cans of beers, ales or ciders or anything similar.” This licence condition is made to promote the licensing objectives of prevention of crime and disorder and prevention of public nuisance.

The Sub-Committee believes that based on the submissions made by the Applicant and agent together with the conditions agreed with the Police during the hearing, the measures taken are appropriate and proportionate in the circumstances to promote all the licensing objectives, and therefore allows the application for the issue of a new premises licence.

This licence becomes operational on 24^th May 2022 as the Applicant is not yet in possession of the Premises.  If problems are experienced, then an application for a review of the premises licence can be made.

Right to appeal

Any party aggrieved with the decision of the licensing panel on one or more of the grounds

set out in schedule 5 of the Licensing Act 2003 may appeal to the magistrates’ court within 21 days of notification of this decision.