Agenda item

Members: Councillor L Marshall (Chair), Councillors J Blakey and D Hicks.

 

The Committee considered a report of the Licensing Team Leader regarding an application for the grant of a Premises Licence in respect of Kelly’s Convenience Store, 2 Osborne Terrace, Ferryhill (for copy see file of Minutes). 

 

A copy of the application and supporting documentation had been circulated. Members were informed that the ‘other persons’ who had made representation had confirmed that they would not be in attendance.

 

Mr Burke, the Applicant’s Solicitor addressed the Sub-Committee and stated that Mr and Mrs Heshanth owned other businesses in the area, including a store at Ferryhill and a petrol station, both of which were licensed and operated without issue. They had owned the petrol station for 5 years. The couple planned to move into Kelly’s Convenience Store with their children. 

 

Mr Burke addressed the objections that had been raised. The reference to other licensed premises in the area nearby was not relevant, and Kelly’s Convenience Store could not be blamed for problems being experienced as a result of the purchase and consumption of alcohol by young people.  The shutters had been removed in the last couple of years so could not be a cause of disturbance. One ‘other person’  who had made representation lived 2 doors away from the premises and had young children; the residents living next door  also had young children and had not expressed concern.

 

One of the objectors to the application was the owner of a licensed premises nearby.

 

There were no representations from Responsible Authorities. 

 

With regard to representations made regarding the hours for the sale of alcohol, Mr Burke advised that many people worked shifts, finishing work at 6am and may for example want to purchase a bottle of wine to have with a meal after work.

 

Concerns had also been expressed with regard to an increase in vehicles, including delivery vehicles. The works to the shop had now been completed and the number of vans should reduce in volume.

 

There were no plans for major external lighting, which in any event would need planning permission.

 

The hours requested for the supply of alcohol and opening times had both been amended to 22:00 hours.

 

Mr Burke then referred to the case of Thwaites PLC v Wirral Borough Magistrates Court which established that conditions should only be attached which were necessary to promote the licensing objectives, and must be based on real evidence. The letters of representation were speculative in content and if the Sub-Committee gave weight to these, would fail to follow the provisions of Section 182 Guidance and the Council’s Statement of Licensing Policy.

 

There was no evidence to show that the licensing objectives would not be promoted, and of 2000 residents living within the immediate vicinity, only 3 had made representation.     

 

Following a question from Solicitor Gill Proud, Mr Burke confirmed that there were no plans to install external lighting. Councillor Blakey sought an assurance that images from the CCTV camera to the front of the premises would be clear without external lighting, and was advised by Mr Heshanth that the CCTV system was of good quality.

 

In his closing statement Mr Burke emphasised that the Applicants were experienced, had a number of businesses, one of which was a petrol station that was open 24 hours and which they had owned for 5 years. The staff in the store were experienced, 1 having worked there for 10 years and another for 13. Both employees knew the customers, and the store already handled other age-restricted products.  Mr and Mrs Heshanth had simply improved an existing business.

 

At 2.20pm the Sub-Committee Resolved to retire to deliberate the application in private. After re-convening at 2.25pm the Chair delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had considered the report of the Licensing Team Leader, the written representations of ‘other persons’ and the verbal representations of the Applicant’s Solicitor. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

 

Resolved:

 

That the Premises Licence be granted as follows:

 

 

Licensable Activities	Days & Hours Requested
Supply of alcohol (consumption off the premises)	Monday – Sunday 07:00 – 22:00 hrs
Opening Hours	Monday – Sunday 05:00 – 22:00 hrs

 

The Sub-Committee determined that the following mediated conditions agreed by the Applicant and Durham Constabulary and Durham Local Safeguarding Children From Harm Board would be added to the premises licence:

 

 

 

 

 

A.      General

 

We will hold the 4 objectives in high regard and will strive to keep staff fully trained on all of our policies and procedures.  All training records will be made available to officers when requested. 

 

B.      The prevention of crime and disorder

 

·    No serving of alcohol to any person who appears to be drunk.

 

·                Full initial staff training to be carried out by the DPS to ensure no alcohol is sold to anyone underage and refresher training to be carried out every 6 months. 

 

·                Training records to be kept for every member of staff and endorsed after every training session.  The records will be made available to officers and responsible authorities when requested to do so. 

 

·                CCTV will be provided in the form of a recordable system, capable of providing pictures particularly facial recognition.  Cameras shall encompass all entrances and exists to the premise, where the sale/supply of alcohol occurs. 

 

·                The majority of staff will be trained to operate the CCTV system; this is to include viewing and downloading of the system.  Regular refresher training will also be undertaken.  Training records can be made available for inspection upon reasonable request by police or other relevant officers of a responsible authority. 

 

·                All footage will be kept on the system for at least 28 days and will be made available to officers and responsible authorities when requested to do so. 

 

C.      Public Safety

 

·                An incident log will be kept at all times. 

 

D.      The prevention of public nuisance

 

·                Groups of people will be discouraged from congregating outside the premises. 

 

·    Signage will be displayed encouraging customers to leave quietly. 

 

·      At the end of business, staff will ensure that litter is collected from the front of the premises and the immediate vicinity. 

 

 

   E.      The protection of children from harm

 

·                A challenge 25 policy will be operated at the premise, acceptable forms of identification are a passport, photocard driving licence and PASS accredited identification card i.e. ID4U.

 

·                A refusal register will be kept and endorsed after every sale refused.  This should be maintained and will be produced to a relevant officer of the police or other relevant officer of a responsible authority upon request.  This is also to include over 18s purchasing alcohol and passing it on to under 18s (proxy sale).

 .

The Sub-Committee considered the mediated conditions and believed it was necessary and proportionate to impose those conditions upon the licence, together with the standard licensing conditions.