Agenda item

Committee to determine an application for a premises licence, report ENV826.

Decision

That the application for the premises licence for Newton Convenience Store, 16 St Catherines Road, Grantham, NG31 6TT be granted subject to the conditions consistent with the operating schedule accompanying the application with the additional condition regarding a litter pick of the outside area of the shop to be performed daily by staff at the premises and any relevant mandatory conditions.

The Legal Advisor introduced those present and confirmed who was speaking in respect of the application before the Committee.  Rajaratnam Prapaharan, applicant and his wife Ruby and Sgt Ian Cotton and PC John Jones, Lincolnshire Police.

The Licensing Officer presented report ENV826 which concerned an application for a new Premises Licence for Newton Convenience Store, 16 St Catherines Road, Grantham.  The application was for the supply of alcohol 07:00 – 23:00 Monday to Sunday.  Statutory consultation was applied. No representations were received from members of the public but one representation was received from Lincolnshire Police requesting the addition of further conditions.  Licensing Officers had delegated authority to decide whether a representation was relevant, vexatious, or frivolous however, Section 9 of the Revised Guidance issued under Section 182 of the Licensing Act 2003 stated:

9.9 It is recommended that, in borderline cases, the benefit of the doubt about any aspect of a representation should be given to the person making that representation. The Subsequent hearing would then provide an opportunity for the person or body making the representation to amplify and clarify it.

No questions were asked of the Licensing Officer.

The applicants then made their representation. The application was for a small convenience store.  The applicants lived in Grantham and were aware of the area where the shop was to be situated.  They appreciated the points that the Officers were making but felt that as new licence holders they were being treated unfairly as no other premises licence holder had the conditions included on their licence.  She then highlighted that if they agreed to have the condition further conditions could be imposed such as no sale of High ABV beers/cider, labelling of alcohol to show where drinkers had purchased alcohol, no single can purchase of alcohol and no sales to identified problem street drinkers.  The applicants were willing to work with the police however they could in relation to street drinking but they were not willing to accept the condition and felt that they were being discriminated against.  They did accept the condition in respect of daily litter picking outside the shop area to be performed by staff.

Questions were asked of the applicant by the Police in respect of what research they had carried out of the area and the issues currently happening in the area to which the applicant replied.

The Police then made their representation and the reasoning behind the requested addition to the licence conditions.  Currently there was a street drinking problem on St Peter’s Hill, Grantham which was situated within a Public Space Protection Order.  They felt that the addition of the condition was proportionate and would help control and combat the street drinking problem.  It was proposed that the condition would be added to other premises licences as and when they came up for renewal within the vicinity of the street drinking problem.  It was not a blanket measure and reference was made to other areas of the country where this condition had been included and where measures had been put in place which had helped to combat street drinking.   The shop would be situated very close to Welham Street which was currently a hot spot for street drinking and anti-social behaviour.  It was felt that the addition of the condition was proportionate and that retailers had a responsibility in respect of PSPO’s and street drinking and to work in co-operation with the Police to combat it, it also future proofed the licence should it be transferred in the future.

Members then questioned the Police.  Concern was expressed that by including the condition, it allowed the Police to have an exhaustive list of matters that they could require the applicant to comply with and if they did not comply, they would be in breach of the licensing conditions.  Members felt anti-social behaviour was a matter for the Police to enforce not retailers.  The Police stated that retailers did have a responsibility under the licensing objectives to help prevent crime and disorder especially when intelligence indicated that there was a problem, going forward, applications would be looked at on an individual basis. The addition of the condition set the direction of how to tackle street drinking, especially where stores were close to hot spots.  The applicant stated that they would be happy to accept the condition but only if it applied to everyone.

The Licensing Officer stated that there was another premises who had a similar condition but it was stated that this establishment was different as it supplied food.

The Licensing Officer then gave his closing statement and options available to the Committee having regard to all relevant documents and the representations made.

i.                 Grant the licence subject to conditions that are consistent with the operating schedule modified to the extent that the committee considered appropriate for the promotion of the licensing objectives and any mandatory conditions that must be included under the Licensing Act 2003.

ii.                Exclude from the scope of the licence a licensable activity to which the application relates.

iii.              Refuse to specify a person in the licence as a Premises Supervisor. (DPS)

iv.              Reject the application.

The applicant had nothing to add to the representation already made.

The Police stated given the location of the premises and the Public Space Protection Order in place the addition of the condition was proportionate and justified to tackle the issues as outlined.

(14:39 the Licensing Officers, Applicants and Police left the meeting)

Members considered the application before them having regard to the committee papers, the additional papers and representations made together with the Licensing Act 2003, the Revised Statutory Guidance issued under Section 182, the Council’s statement of Licensing Policy and the Councillors handbook.  Members supported the principals outlined by the Police to include the condition on the Premises licence, but felt that it was too loosely done and was too open ended.   It was noted that Pubwatch was contained within the Council’s Licensing Policy, but that was more in respect of public houses.  The Legal Advisor stated that it was for Members to consider whether the condition asked for by the Police was precise, proportionate and enforceable.  Members were unhappy with the condition proposed as they felt the measures that could be enforced on the applicant were unfair and discretionary on the one shop.  Street drinking was a current problem on St Peter’s Hill and it was felt that the larger supermarkets should be targeted rather than a small convenience shop.  It was felt that the condition should be contained within the Council’s Licensing Policy and therefore relevant to all applications.  It was proposed to grant the licence subject to the conditions consistent with the operating schedule accompanying the application with the additional condition regarding a litter pick of the outside area of the shop to be performed daily by staff at the premises and any relevant mandatory conditions. The proposal was seconded an on being put to the vote agreed.

(15:22 the Licensing Officers, Applicant and Police returned to the meeting)

The Legal Advisor read out the Committee’s decision.  Having carefully considered the committee papers; additional papers, representations made at the meeting, the Licensing Act 2003, Revised Statutory Guidance issued under S182, the Councils statement of licensing policy and the Councillors handbook, the application for the premises licence for Newton Convenience Store, 16 St Catherines Road, Grantham, NG31 6TT be granted subject to the conditions consistent with the operating schedule accompanying the application with the additional condition regarding a litter pick of the outside area of the shop to be performed daily by staff at the premises and any relevant mandatory conditions.

The Committee noted that the only aspect of the application in contention was the condition suggested by the Police, regarding active engagement of the Licence Holder, with the Police and the Council Licensing Team, in respect of initiatives to address local street drinking cultures and associated anti-social behaviour.

The committee acknowledged that the police were the licensing authorities’ main source of advice on matters relating to the promotion of the crime and disorder licensing objective.

Members were mindful that the premises was situated within the Public Space Protection Order of Grantham and the Order has alcohol control measures in place to combat street drinking which had been a serious nuisance and indeed there had been a significant increase of people congregating on St Peter’s Hill (within the Order area), drinking alcohol.

Members noted that the applicant was willing to assist the authorities and whilst the Committee fully supported the principle which the police outlined, they expressed concern with its application and open-endedness of the initiatives and were therefore satisfied that the promotion of the licensing objectives were met without the additional condition.

There was a right of appeal for both the applicant and the police to the Magistrates Court.  Any appeal should be made within 21 days of being formally told of the committee’s decision in writing.