Agenda item

Report of the Assistant Director – Highways and Public Protection

The Sub-Committee considered the report of the Assistant Director of Highways and Public Protection, regarding an application by Miss Saamia Akram for the Grant of a Premises Licence in respect of the above premises as follows:

• The sale of alcohol by retail

• Hours premises to be open to the public

An objection to the application had been received and this necessitated a hearing for which the Sub-Committee had been convened.

The Sub-Committee heard representations from:

• Mr Tony Clarke, on behalf of the applicant, in support of the application;

All parties agreed the issues that were in contention and the procedure that was to be followed.  There were no preliminary issues raised, and at the end of their representations, everyone confirmed they were satisfied that they had said all they wished to say.

The Sub-Committee retired under Regulation 14(2) of the Licensing Act (Hearings) Regulations 2005 (as amended) and thereby excluded the press and public whilst they reached their decision on the application.  The Sub-Committee returned to give their decision in public.

RESOLVED:

That the application for the Grant of a Premises Licence in respect of the above premises be granted subject to the hours set out below and the conditions contained within the operating schedule.

• The sale of alcohol by retail

• Hours premises to be open to the public

Reason(s):

The Sub-Committee has considered written and oral representations made on behalf of the Applicant, and of a local resident objecting to the application. The Sub-Committee also noted a petition containing 31 signatures of local residents.

The Sub-Committee note that this application is for the grant of a new Premises Licence and they are bound to have regard to the appropriate Legislation, Guidance and to Sefton Council’s own Statement of Licensing Policy. The Sub-Committee must grant the application unless it can be shown that to do so would be contrary to one of the licensing objectives. Statutory guidance states that Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities; no representations were received from any of the responsible authorities in response to this application. Licensing Authorities must always consider each application and must not impose predetermined opening hours, without giving individual consideration to the merits of each application. 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.

A relevant representation has been made by a member of the public in respect of the licensing objectives of the prevention crime and disorder and public nuisance. The representation referred to speculative concerns as to noise, criminal and antisocial behaviour caused by those visiting the shop. Whilst the Sub-Committee has sympathy for the local resident’s concerns it has not heard or received any evidence that these concerns will occur as a result of the alcohol licence being granted and cannot refuse an application or impose purely aspirational conditions in the absence of any evidence. In particular, statutory guidance states that Licensing Authorities should look to the Police as the main source of advice on crime and disorder, the Police did not provide any representation in response to this application.

In regard to the objectors perceived threat of anti-social behaviour, statutory guidance makes clear that, the actions of individuals beyond the immediate area surrounding the premises are matters for the personal responsibility of those individuals under the law. However, the Sub-Committee is pleased to note that the Applicant’s operating schedule includes a condition which requires them to use their best endeavours to prevent any customers of the shop loitering outside the premises and to ensure that persons refused entry or ejected are asked to leave the vicinity of the premises. Further, that prominent, clear and legible signage shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly. The Sub-Committee hopes that such conditions can provide some reassurance to the objector. 

The Sub-Committee wished to remind the objector that they have the right to request a Review of the Premises Licence should their concerns come to fruition.