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 Mr Kosakan Ravichandran for the Grant of a Premises Licence in respect of the above

premises as follows:

The sale of alcohol by retail (on and off the premises)

The provision of late-night refreshment

Hours premises to be open to the public

In addition to the matters outlined above, the applicant also wished to vary the Licence to include the following non-standard timings to be applicable for Supply of Alcohol; Late Night Refreshment and Hours premises are open to the public:

One extra hour to 01.00 hours on Bank Holidays, Christmas Eve & New Year's Eve.

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 Ian Rushton – 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 his representation, Mr. Rushton confirmed he was satisfied that he had said all he 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 4 Tree View Court, Maghull, Liverpool L31 3HF, be granted subject to the conditions set out in the operating schedule and the following hours:

The sale of alcohol by retail (on and off the premises)

The sale of alcohol by retail (on and off the premises)

The provision of late-night refreshment

Hours premises to be open to the public

With an additional hour to the terminal hour to 01.00 hours on Bank Holidays, Christmas Eve & New Year's Eve.

Reasons:

The Sub-Committee has considered written and oral representations made on behalf of the Applicant, and the written representations of a local resident objecting to the application.

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 all four of the licensing objectives. In respect of the prevention of crime and disorder, public nuisance and public safety, 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 be vigilant and monitor the area immediately outside the shop to check that youths are not causing annoyance by congregating, and to properly dispose of any litter from the premises. Further, that a notice shall be on display in the premises asking customers to leave the premises quietly. The Sub-Committee hopes that such conditions can provide some reassurance to the objector. 

The representation in respect of the protection of children from harm concerned the location of the premises to residential dwellings. Considering the nature of this premises as a convenience store, and the robust conditions included in the operating schedule in respect of underage sales. The Sub-Committee was satisfied that granting this licence would not undermine this licensing objective.

The Sub-Committee concluded that should any concerns come to fruition, in respect of this premises, the interested parties would have the right to request a Review of the Premises Licence.