Agenda item - Whitehawk Post Office And Stores Licensing Panel (Licensing Act 2003 Functions)

38.1    The Panel considered a report of the Executive Director of Neighbourhoods, Communities and Housing in relation to an application for a New Premises Licence for Whitehawk Post Office and Stores, 1B – 2B Whitehawk Road, Brighton, BN2 5FA. Present at the hearing were: Mr V Thivakaran (Applicant) and Mr R Jordan (Applicant’s Representative). 

38.2    The Chair noted that the person who had submitted a representation was not in attendance at the hearing, and confirmed that the written representation would be considered.

            Introduction from the Licensing Officer

38.3    The Licensing Officer said that this was an application for a New Premises Licence for Whitehawk Post Office and Stores, 1B – 2B Whitehawk Road, Brighton. The application sought sale by retail of alcohol between the hours of 6am and 10pm off the premises. The premises currently operated as a Post Office and convenience store. There was already a Premises Licence in force at these premises held by the same Premises Licence Holders. The Licence was in the name of Best One Express, and allowed sale by retail of alcohol from 7am to 8pm off the premises. A copy of that Licence was circulated to the Panel and the Applicant. The premises did not fall within our Cumulative Impact Area or the Special Stress Area. One representation had been received from a local business. The representation had concerns relating to the Prevention of Crime and Disorder and the Prevention of Public Nuisance. A further representation was received from Sussex Police which included conditions relating to the Prevention of Crime and Disorder and Protection of Children from Harm. This representation was withdrawn as the Applicant agreed to the conditions and amended the operating schedule accordingly. The representation and Police agreement were attached at Appendix C in the agenda.

The Panel were asked to note that the licence reference number quoted in the first condition of the agreement with the police was given as 1445/3/2009/00451/LAPREN. However, the most current licence reference number was 1445/3/2015/04139/LAPRET. There was no change to the conditions of the licence merely that the husband had been added as one of the Premises Licence Holders. If the Panel were minded to grant the application the current licence reference should be used.  The Matrix approach for licensing decisions in the Statement of Licensing Policy was set out on page 5 of the agenda. These premises did not fall within our Cumulative Impact Area or the Special Stress Area. It fell within the ‘Other Areas’ category of the matrix and as such the matrix would allow a licence for off sales until 11pm.The representation raised concerns regarding the number of licensed premises in the vicinity, however the Licensing Guidance stated that “Need” concerned commercial demand and was not a matter for the Licensing Authority to consider in discharging licensing functions.

Questions to the Licensing Officer

38.4    The Lawyer asked for confirmation that the person making the representation was sent notification of the time and date of the hearing. The Licensing Officer confirmed they had. The Lawyer confirmed that the Panel should consider the written representation.

            Representation from the Applicant

38.5    Mr Jordan said that the Applicant wanted to extend the hours of the business as the Post Office was encouraging shops to open for longer. The shop had been well run for the last eight years, with no crime and disorder linked to the premises. No local residents had opposed the application, and one had provided a letter in support. Discussions had been held with the Police and conditions agreed. The representation had been submitted by M&O Trading Ltd, who had a shop located very close to the Applicant’s which also sold alcohol, and it was felt that the representation was hypocritical and vexatious. Amongst the issues raised in the representation was that under the ‘Sensible on Strength’ scheme, super strength beers should not be sold. However, M&O Trading sold super strength beers at their store.

38.6    The Applicant said that all staff had undergone training with the Council's Trading Standards Team. A record book was kept with one year of data. The premises had extensive CCTV inside and outside of the premises. This was the only premises in the area with 24 hour CCTV, which was available to the Police when needed. There would always be a Licence Holder on the premises, and at least two members of staff.

            Questions to the Applicant

38.7    Councillor Hyde asked why the premises would open at 6am, and whether it was likely that alcohol would be purchased. The Applicant said that newspapers were delivered at that time, and there was some trade with people going to work but it was unlikely there would be many sales of alcohol. The convenience store opposite the premises sold alcohol from 6am.

38.8    Councillor Bell referred to the Licensing Objective of Protection of Children from Harm, and was concerned that children passing the premises on the way to school may see people purchasing alcohol. The Applicant said he an eleven year old child and would always ensure that that objective was not breached.

38.9    Councillor O’Quinn asked if there were other premises nearby which sold alcohol from 6am. The Licensing Officer said that there were two very close by; the Co-op store had a licence from 6am to 11pm and the Premier store had a licence from 5am to 11pm.

38.10  Councillor O’Quinn asked where the alcohol was located within the store and was advised that the spirits were located behind the counter, and there was one aisle with wine and beer etc. 

38.11  Councillor O’Quinn referred to beer and cider over 6% ABV and asked the Applicant if he would consider not selling it. He said it would be difficult as other businesses sold it, and suggested that the Council could hold a meeting with all relevant stores invited and then everyone could consider whether or not to sell super strength beer and cider.

            Summary

38.12  The Licensing Officer said that this was an application for a New Premises Licence for Whitehawk Post Office and Stores, 1B - 2B Whitehawk Road, Brighton to allow the licensable activity of Sale by Retail of Alcohol between the hours of 6am and 10pm off the premises. 

The representation had concerns regarding the Licensing Objectives of the Prevention of Crime and Disorder and the Prevention of Public Nuisance.  The Licensing Guidance stated that:  In determining the application with a view to promoting the licensing objectives in the overall interests of the local community, the licensing authority must give appropriate weight to:

• The steps that are appropriate to promote the licensing    objectives;

• The representations (including supporting information) presented by all the parties;

• The Guidance;

• Its own statement of licensing policy

It was important to note that each application would be given individual consideration on its own merits.  The Licensing Guidance stated that “Need” was not a matter for the Licensing Authority to consider in discharging its licensing functions.After considering all the relevant issues, the Licensing Authority may grant the application subject to such conditions that were consistent with the operating schedule. If the Panel decide to grant the application then any conditions added to the licence to meet the Licensing Objectives should be clear, precise and enforceable. The penalties for breaching conditions were severe, with an unlimited fine and/or 6 months imprisonment. Alternatively, the Licensing Authority may refuse the application on the grounds that this was appropriate for the promotion of the Licensing Objectives.

38.13  The panel lawyer added that the statutory guidance at 10.15 stated that shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons based on the licensing objectives for restricting those hours

38.14  RESOLVED:

            The Chair stated:

The Panel has considered the papers, and the written representation, and has listened to the submissions made at the hearing today. This was an application for a New premises Licence but this premises already had an existing licence at this address. We have heard from the Applicant regarding the reasons for extending his hours which are chiefly based on Post Office operational reasons.

We noted that the police had scrutinised this application and had agreed a set of conditions with the applicant which would go on the licence.

The panel did not consider that the crime and disorder concerns raised by the representation were founded or those of public nuisance. We were impressed by the way in which the Applicant ran the premises and the training his staff undergo and the extensive CCTV coverage inside and outside the shop. We are confident that he would continue to promote the Licensing Objectives and the interests of the local community.

We are therefore granting this application with all the agreed conditions including the amendment of the licence number to be surrendered: 1445/3/2015/04139/LAPRET.