03
The Committee received the report from the Licensing Officer.
The Members were asked to consider an application made by Mr Rameshkanna Paramchothy for a new premises licence in relation to One Stop, 6 St Peters Road, Great Yarmouth, NR30 3AY. The premises is described as a convenience store. The applicant had applied for the following licensable activities and timings:
Supply of alcohol (off the premises): 06:00 to 01:00, each day.
The Licensing Officer advised that the application was sent to the Responsible Authorities and advertised by notice at the premises, in a newspaper and detailed on the Council’s website. It was noted that, upon expiry of the 28 day representation period, two valid representations objecting to the application were received – one from a local resident and one from a local business owner. The Licensing Officer added that, upon receipt of the representations, the applicant responded to the objections by offering a number of controls to be put in place to ensure the licensing objectives are met. These controls relate to staff training; keeping the premises clean and tidy; displaying notices asking patrons to leave quietly; instructing staff not to sell alcohol to persons drinking outside the premises and restricting the time of deliveries. The applicant's proposals were sent to the objectors, but neither withdrew their objections. The local resident couldn't attend the meeting due to health reasons but supplied an email giving her response to the applicant's proposal. The local business owner also couldn't attend. He requested that the licensing hours be restricted to 10pm.
Members were asked to decide on one of the following options:
- Grant the application subject to the conditions identified in the operating schedule and modified to such an extent as the authority considers appropriate for the promotion of the licensing objectives.
- To exclude from the scope of the licence any of the licensable activities to which the application relates.
- Reject the application.
Councillor G Carpenter asked whether the premises was licensed when it was previously a McColls. The Licensing Officer confirmed that there was a license in place that was surrendered in 2018 with the last licensable hours being 8:00am to 23:00pm Monday to Saturday and 10:00am to 22:00pm on Sundays.
Councillor G Carpenter asked whether the Licensing Officer was aware of the closing times of other premises in the surrounding area. The Licensing Officer confirmed that the following premises operate in the local area with the following closing hours:
- Express Stores – 24hr Licence
- Roundabout Stores – Closes at 00:00am each day
- Lusa Ltd – 21:00pm close (Mon-Sat), 19:00pm close (Sun)
- Thompsons – 23:00pm close (Mon-Sat), 22:30pm close (Sun)
- St Peters Londis – Closes at 01:00am each day
The Chair hereby called Mr R Paramchothy (the applicant) to address the Committee.
Mr R Paramchothy explained he understood the concerns of the residents regarding noise and anti-social behaviour during the later opening hours. It was stated that Mr R Paramchothy owns several businesses with late opening hours in the Great Yarmouth area and he believes that having more stores with late opening hours will aid in distributing late night customers to reduce the impact on specific locations. It was added that there will be CCTV on the premises in addition to staff training, signs asking customers to leave quietly and a restriction on the times that deliveries can be made to the premises in effort to reduce public nuisance in the surrounding area. Mr R Paramchothy explained that he is committed to working with local police to ensure that his business has a positive effect on the community. It was noted that this premises aims to offer a full shopping experience including, but not limited to, alcohol. Mr R Paramchothy concluded by stating that he is a responsible, conscientious business owner who would like to provide a safe place for local people to shop as well as contributing to the local economy by providing employment.
The Solicitor stated that some clarification would be needed to ensure that the conditions on the license are enforceable.
The Solicitor referenced page 22 of the agenda and asked whether the word ‘open’ should be included in the first line of section A – Mr R Paramchothy confirmed that this word should be added.
The Solicitor requested clarification on whether the records of staff training would be kept electronically or in writing and who the applicant intends to provide these records to. Mr Paramchothy clarified that the training will be recorded electronically in store as part of the One Stop policy on staff training and that these records would be available to the police and local licensing authorities upon request.
The Solicitor referenced the condition to have CCTV in place, with the recordings being kept for 5 weeks and asked whether these recordings would be readily available to any authorities. Mr R Paramchothy stated that the CCTV recordings would be available upon request to the police and the local licensing authorities.
The Solicitor referenced the condition on page 22 of the agenda which states that ‘any incidents of a criminal nature will be reported to the police’, requesting clarification on when these reports would be made. Mr R Paramchothy confirmed that reports would be made to the police as soon as practicably possible.
The Solicitor referenced the condition on page 22 of the agenda under prevention of public nuisance and asked whether this should be reworded to read ‘all customers will be asked to leave quietly via notices’ – Mr R Paramchothy agreed to this rewording.
Councillor G Carpenter asked whether the signs asking customers to leave quietly could be available in multiple language as there are a number of residents in this area who do not speak English as a first language. Mr R Paramchothy confirmed that this possible as he has another premises whether this type of signage contains four different languages that are common to the area.
The Solicitor asked whether the register of refused sales would be available on the premises. Mr R Paramchothy confirmed that the register of refused sales would be kept on site, electronically and would be available to the police or local licensing authorities upon request.
The Solicitor requested clarification on the proposed controls in response to the objections received, found on page 31 of the agenda. Mr R Paramchothy clarified that patrons seen to be drinking outside the premises would be refused sale of alcohol and this would be recorded on the register of refused sales. It was also confirmed that there will be no late nigh delivery of goods as to not disturb neighbours with the sound of a delivery vehicle. The Solicitor asked whether the applicant could provide a timescale as to when deliveries would take place in order to make the condition enforceable. Mr R Paramchothy stated that he would need to speak to One Stop in order to clarify this.
The Chair suggested that the Committee take a 10-minute break to allow for Mr R Paramchothy to contact One Stop to clarify this matter.
The meeting was adjourned at 11:23am.
The meeting was resumed at 11:33am.
Mr R Paramchothy stated that he spoke to a representative at One Stop who confirmed that there would be no deliveries before 9:00am or after 18:00pm. The Solicitor asked whether the applicant would agree to this time frame being included in the enforceable conditions – Mr R Paramchothy agreed.
The Solicitor highlighted the local resident’s objection and advised the Committee that the behaviour of customers outside of the premises would not be the responsibility of the premises. The concerns regarding noise disturbance were referenced and the Solicitor asked the applicant what steps will be taken to reduce noise disturbance. Mr R Paramchothy stated that the landlord of the building will perform a soundproof check before the shop commences operating. The Solicitor stated that this would be unenforceable as this is a statement of intent from the landlord rather than an enforceable action. It was noted that the local resident did not attend the meeting and therefore there was no opportunity to ask them about the sources of the noise disturbance.
The Chair asked whether there had been any noise complaints previously regarding this premises. Mr R Paramchothy stated that the only complaint had come from the local resident who made the objection representation. It was explained that the only source of noise would be from customers as the chillers and shutters are relatively quiet. The Solicitor added that Environmental Health had not made any objections on the basis of noise nuisance.
The Chair hereby invited Mr R Paramchothy (the applicant) to give a closing statement.
Mr R Paramchothy stated that he is a responsible individual who aims to ensure that the community is safe, thus he will do all in his power to reduce anti-social behaviour and noise nuisance coming from his premises. It was added that he has experience in running convenience stores and that he will attempt to ensure that his shop has a positive impact on the community and local economy.
The Members retried to consider their decision in private at 11:41am.
The Committee resumed to give their decision in public at 11:56am.
The Chair hereby invited the Solicitor to confirm the decision. The Solicitor explained that the Committee had considered all evidence presented before them both in the agenda report and the representations made at the meeting. The Solicitor explained that the unanimous decision of the Committee that the application was approved, with the amendments to the operating schedule introduced by the applicant during committee. There were no imposed conditions.
RESOLVED:-
That the application is approved, with the amendments to the operating schedule introduced by the applicant during committee. There were no imposed conditions.