Agenda item

The Sub-Committee considered the report which sought determination of an application for a new premises licence, under Section 17 of the Licensing Act 2003, in respect of the Post Office, Pensford.

The applicant Mr Patel was present with his agent Mr Leahy.  The applicant confirmed he had read and understood the procedure for the meeting.

The Public Protection Officer presented the report and explained that the application was for:

Sale of Alcohol for consumption off the premises:

Monday - Saturday    08:00 to 22:00

Sunday  08:00 to 20:00

and opening hours:

Monday - Saturday  08:00 to 22:00

Sunday  08:00 to 20:00

The Public Protection Officer continued to explain that the application had been served on all appropriate responsible authorities and two representations had been received from local residents in respect of crime and disorder and public nuisance.

The applicant's agent presented the case and explained that Mr Patel currently ran a similar convenience store in Whitchurch and had bought the freehold of the premises and wished to add the sale of alcohol at the store.  He stressed it was the only convenience store in the village.  The agent stated that there were no restrictions on trading times and they had offered some conditions on the operating schedule.

In response to questions the applicant or his agent made the following points:-

·  the applicant had done some research prior to purchase and since and as it was the only convenience store in the village wanted to add alcohol and be able to open later in the future if he wished,

·  the applicant sold alcohol at his Whitchurch store and there had been no issues,

·  it was the only convenience store and there were three public houses.

The Public Protection Officer stated that neither of the two residents who made representations were present and no representations were made by the responsible authorities.

The applicant's agent was invited to sum up.  In respect of the representations he stated that the impact on traffic and noise was referred to but there was no evidence of this.  Traffic would tend to be local and the hours were reasonable for a convenience store.  Mr Patel added that he wished to enhance what was on offer for sale to local customers from his shop and believed one objection was from another business.  Relating to public safety, he stated that Pensford tended to have older residents and youngsters were in the minority.  He agreed it was a busy road but people already parked there for the pub and shop.  He added that many local residents wanted him to be an off licence.

The Legal Adviser stated that road traffic matters were irrelevant to the application and so should be disregarded and there was no objection on public safety grounds.

Following an adjournment it was

RESOLVED that delegated authority be given to Public Protection Officers to issue a premises licence in respect of The Post Office, Pensford, as applied for and with conditions consistent with the operating schedule.

Members have today determined an application for a new premises licence at the Post Office Pensford.  In doing so they have reminded themselves of the Licensing Act 2003, Statutory Guidance, the Council’s Statement of Licensing Policy and the Human Rights Act 1998. 

Members were aware that the proper approach under the Licensing Act was to be reluctant to regulate in the absence of evidence and must only do what was appropriate and proportionate to promote the licensing objectives based on the evidence before them.  However, in reaching their decision Members took account of relevant representations, disregarded irrelevant representations and were careful to balance the competing interest of the Applicant and Interested Parties.

Members heard the applicant had acquired the Post Office in Pensford and would like to sell alcohol products to supplement existing lines.  The business would be family run and the family would live in accommodation above the premises becoming part of the local community.  The applicant suggested a number of steps to promote the licensing objectives in the operating schedule and these would form conditions on any licence.

Members noted that whilst two representations were received there were none from Responsible Authorities.  However, references to opening hours and road traffic were disregarded as these are irrelevant.  Members noted that whilst the representations made reference to crime and disorder no evidence was presented connecting current levels of crime and disorder to the sale of alcohol in Pensford.  Accordingly it was difficult to envisage this premises giving rise to an increase in alcohol related crime and disorder or indeed public nuisance.

In the circumstances Members found that the grant of a premises licence at this village convenience store would not have a detrimental effect on the licensing objectives and delegated authority to the Public Protection Officer to issue a licence with conditions consistent with the operating schedule.