03
The Members received and considered a report from the Licensing Officer.
The Licensing Sub-Committee were asked to consider an application made by Motor Fuel Limited for a new premises licence in relation to Bradwell Service Station, At Rainbow, Burgh Road, Great Yarmouth, NR31 8RT. The Licensing Officer described the premise as a petrol forecourt currently branded as Morrison's.
The applicant originally applied for the following licensable activities and timings -
Supply of alcohol (off the premises): 06:00 to 23:00, each day
Late night refreshment (indoors and outdoors): 23:00 to 05:00, each day
It was noted that, upon expiry of the 28 day representation period, two valid representations were received - one from the Bradwell Parish Council and one from the Ward Councillors for Bradwell North. The Licensing Officer explained that upon receipt of these representations, the applicant agreed to amend the application as follows:
Supply of alcohol - times changes to 06:00 to 22:00, each day
Late night refreshment - not required
Due to these amendments, the Ward Councillors withdrew their representation. The representation from Bradwell Parish Council was not withdrawn due to concerns regarding potential anti-social behaviour in the area, however it was confirmed that they would not be sending a representative to the meeting. It was noted that no objections were received at any point of the application from the Police or Environmental Health.
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.
The Chair hereby invited Members to ask questions to the Licensing Officer.
Councillor G Carpenter requested clarification on what hours the neighbouring Morrisons are permitted to sell alcohol. The Licensing Officer confirmed that the Morrisons is licensed to sell alcohol from 06:00 to 00:00 each day.
There were no further questions for the Licensing Officer at this time.
The Chair hereby invited Mr R Botkai (Solicitor, Winkworth Sherwood) to address the Licensing Sub-Committee on behalf of the applicant.
Mr Botkai explained that Motor Fuel Limited has acquired 332 Morrisons petrol stations across the UK and Winkworth Sherwood were tasked with dealing with the licences for each location. It was noted that some were licensed as part of the supermarket itself and some had a stand alone licence. Mr Botkai explained that all of the other 331 petrol stations are now licensed and a standard application for the sale of alcohol between 06:00 and 23:00 was submitted for each location. It was added that all applications have been submitted with a robust operating schedule and conditions that would be satisfactory for the Police, Environmental Health and Trading Standards. It was noted that the conditions in the application are more robust than that of the licence for the neighbouring Morrisons supermarket. Mr Botkai stated that as soon as the two representations were received, the applicant agreed to reduce the hours and remove late night refreshment from the application in attempts to address the concerns raised. It was noted that the Ward Councillors for Bradwell North withdrew their representation once these amendments were made, however Bradwell Parish Council requested a meeting in order to consider the amendments. Mr Botkai explained that he attended the meeting to address the Parish Council, however the vote to withdraw the representation was not unanimous, therefore the decision was brought to the Licensing Sub-Committee.
Mr Botkai referenced the representation from Bradwell Parish Council regarding concerns of anti-social behaviour, and stated that this petrol station would have a smaller range of alcohol with more surveillance than the neighbouring Morrisons supermarket. It was added that the spirits would be kept behind the counter and that the fridge for beer and wine would be located next to the counter so that it may be monitored by staff at all times. Mr Botkai added that there is CCTV inside the petrol station and on the forecourt, with the recordings available to Police and the Licensing Authority upon request. Mr Botkai highlighted that the Police, who are the experts on crime and disorder, did not submit a representation. It was noted that the section 9.3 of the Council's Licensing Policy states that 'the Licensing Authority will generally consider licensing retail premises to sell alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours'. Mr Botkai commented that there would be no reason or evidence why the amended hours of the application would not be reasonable.
The Chair hereby invited Members to ask questions to Mr Botkai.
Councillor G Carpenter requested clarification on where the alcohol would be on display. Mr Botkai confirmed that spirits would be located behind the counter and that a chiller containing beer and wine would be located next to the counter, in full view of the shop assistant.
Councillor Newcombe asked whether Bradwell Parish Council provided any evidence to support their concerns regarding anti-social behaviour. Mr Botkai stated that the Parish Council felt that there was no need for alcohol to be sold in a petrol station and that this could potentially encourage anti-social behaviour, though there was not evidence to substantiate these assumptions.
There were no further questions at this time.
The Chair hereby invited Mr Botkai (Solicitor, Winkworth Sherwood) to give a closing statement.
Mr Botkai stated that he had nothing to add to his previous representation, however if the Members had any concerns after their debating session he would like the opportunity to address them when possible. It was asked that this licence be granted subject to the conditions identified within the application.
The Members retired to consider their decision in private at 11:15.
The Committee resumed to give their decision at 11:20.
The Chair hereby invited Ms O Donovan (Solicitor, Nplaw) 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 was that the application be approved 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.
RESOLVED:-
That the application is approved subject to the conditions identified in the operating schedule. There were no imposed conditions.