Agenda item

Applicant: Star News Ltd, represented by Parminderjit Singh Heer (DPS) and John Milton (Knight Training)

Other Persons: David Attinger and Angelina Jenkins

Responsible Authority: Paul Kendall (Police Licensing Officer)

The parties confirmed that they understood the procedure to be followed for the hearing.

The Senior Public Protection Officer presented the report.

Mr Milton stated the case for the applicant. He said that Edmunds News was a tiny newsagents, which opened at 06:00 and delivered newspapers around the area. It would now also begin selling lottery tickets. As these were mostly purchased in the evening, it would be natural to seek an extension of trading hours for this purpose. There was a covenant on the building which prevented the premises opening beyond 22:00.

He said that it was proposed that the business would be further extended by adding the sale of alcohol. He submitted that the impact of sales of alcohol from the premises would be minute, because only small volumes could be stored there. The proposal was to sell beer, wines and spirits; the latter would be stored behind the counter, in accordance with the condition proposed by the Police and accepted by the applicant. There were already licensed premises nearby, which remain open after 22:00. The applicant had included in his operating schedule a condition preventing the sale of single cans of lager above 6.5% ABV, but he would be happy to extend that to all single cans of lager. They would be sold only in multiples of four to discourage anti-social drinkers.

He said that the applicant was already running a Post Office and newsagents in another area without any significant impact on local residents.

He said that all staff would be trained in the sale of alcohol.

He asked the Sub-Committee to grant the application.

Members put questions to the applicant. In reply Mr Milton stated:

• there are three primary schools in the area

• in general alcohol-related anti-social behaviour involved the purchase of single cans of super-strength alcohol

Mr Attinger and Ms Jenkins suggested that the condition about not selling single cans was irrelevant; why could not young people buy and share a 4-pack? Mr Milton suggested that it was more likely they would purchase 4-packs from a supermarket, where the price was lower. The applicant would not be buying in the volumes that supermarkets did, and so could not compete with them on price.

Mr Attinger stated his case. He said that he lived in St James’s Square and was a director of St James’s Square Ltd, which owns the garden and which effectively acts as the residents’ association. He therefore considered that he represented the residents of St James’s Square. He said that since notice had been given of the application many residents had expressed concern. He submitted that the application could cause public nuisance, and potentially threaten children going to and from the primary school. The primary school was only 47 metres from the shop front.  He believed that there was the potential for more noise from the shop being open longer hours and selling alcohol up to 22:00. This was a big change, because the newsagents had for a long time shut at 18:00.

When he said that there were already two outlets selling alcohol within 200 metres of the premises. the Senior Legal Adviser intervened to advise that question of whether or not another licensed premises selling alcohol was needed was not a relevant issue, and that the Sub-Committee could consider only issues relating to the licensing objectives.

Mr Attinger said that 26 of the 200 residents had objected to the application. The Senior Public Protection Officer intervened to advise that Mr Attinger had not said in his representation that he was representing the residents, and that no representation had been received from the residents’ association. Mr Attinger accepted this.

Mr Attinger said that anti-social behaviour often took place on the green opposite the school, and that beer cans and wine bottles were discarded there. These could only come from the outlets currently selling alcohol in the vicinity.

Ms Jenkins said that St James’s was a quiet residential area. Residents were pleased that tourists visited the area and did not want them to be deterred by anti-social behaviour.

Mr Kendall stated the case for the Police. He said that the Police had been satisfied with the measures proposed by the applicant to promote the licensing objectives, with one exception. Whilst the plan accompanying the application showed spirits located behind the counter, the Police believed this should be made a condition. The applicant had confirmed his acceptance of this additional condition in an email to the Police.

The parties summed up.

Mr Attinger summed up for the Other Persons. He said that residents’ main concern was the potential for an increase in anti-social behaviour arising from the sale of alcohol during the proposed extended opening hours.

Summing up for the applicant Mr Milton said the premises was a small convenience store that wishes to be able sell a small quantity of alcohol. He understood the concerns relating to the school, but there was already a pub opposite the school. In the present economic climate, his client wished to expand the business as far as possible. His management of his other business demonstrated that he had fully complied with the licensing objectives. If the licence were granted, there was a review procedure should problems arise. He hoped that the Sub-Committee would grant the application, with the amended condition prohibiting the sale of single cans of drink.

The Sub-Committee adjourned and then reconvened to ask the applicant to clarify the condition offered about single cans of drink. Mr Milton said that this included beer, cider and lager.

Following a further adjournment, the Sub-Committee RESOLVED to grant the application for the reasons, and with the conditions, detailed below.

Reasons

Members have today determined an application for a new premises licence for Edmunds News, 2a St James’ Street, Lansdown, Bath. In doing so they have taken into consideration the Licensing Act 2003, Statutory Guidance, the Council’s Policy and the Human Rights Act 1998.

Members are aware that the proper approach under the Licensing Act is to be reluctant to regulate in the absence of evidence and must only do what is appropriate and proportionate in the promotion of the licensing objectives based on the information put before them.

Members were careful to take account of the relevant written and oral representations made and were careful to balance their competing interests. Members were however careful to disregard irrelevant matters.

Members noted that there had been representations from the Avon and Somerset Constabulary as a Responsible Authority.

Applicant

Mr Milton on behalf of the applicant indicated that the premises are a small newsagent and grocery store wishing to sell a small selection of wines, beers and spirits as an ancillary offering to the existing products. The application is for the sale of alcohol for consumption off the premises, Monday to Sunday inclusive from 06:00 -22:00.

In summing up the applicant’s representative indicated that the applicant has a proven track record of running a successful licensed premises elsewhere and complying with all the licensing objectives and that the review procedure exists should any problems arise in the future. He also indicated that the applicant was agreeable to a condition not to sell any single cans of beer, lager or cider and not to sell in multipacks of less than four and that he agrees to the proposed police condition.

Interested Parties

The Interested parties objected under the prevention of crime and disorder, prevention of public nuisance and protection of children from harm licensing objectives.

Interested Parties expressed concerns that this new premises licence would result in inebriated people causing disorder, carrying out alcohol fuelled crime and street drinking, all of which would have an impact on the quiet street. Concerns were also expressed about littering of discarded drinks cans, broken glass and packaging; as well as the proximity of the premises to a school and the fact that the alcohol purchased may be consumed within the vicinity of the school and could  therefore, be witnessed by the children.

In summing up Mr Attinger expressed concerns that the increased opening hours for the sale of alcohol would result in an increase in anti-social behaviour.

Responsible Authorities

Paul Kendall as Police Licensing Officer on behalf of the Avon and Somerset Constabulary said that the police were generally satisfied by the steps proposed to be taken by the applicant but made an objection to the application on the prevention of crime and disorder licensing objective and proposed a condition that “All spirits be displayed behind a counter” as appropriate in order to promote this objective. The applicant agreed to this proposed condition.

Members

Members considered the premises were likely to have an effect on the licensing objectives of prevention of public nuisance, prevention of crime and disorder and protection of children from harm however they felt that conditions would be effective in the promotion of these licensing objectives.

Accordingly members resolved to approve the application with conditions consistent with the operating schedule subject to a minor amendment specified below; the condition proposed by the Avon & Somerset Constabulary and the mandatory conditions.

The amendment to a condition on the operating schedule and offered by the applicant is as follows:

Change from: “No single cans of high strength lager or cider (over 6.5% ABV) will be sold” to: “No single cans of lager, beer or cider will be sold. Lager, beer and cider will be sold in a multipack with a minimum of 4 cans”.

Members took the view that the additional conditions proposed by the Responsible Authority and agreed to by the applicant were appropriate and proportionate in promoting the prevention of public nuisance and prevention of crime and disorder licensing objectives. 

Authority was delegated to the Senior Public Protection Officer to issue the licence accordingly.