03
The Members received and considered a report from the Licensing Officer.
The Committee were asked to consider an application for a new premises licence in relation to Church Lane Convenience Store, 23 Church Lane, Gorleston, Great Yarmouth, NR31 7BE. It was reported that this premises is described as a convenience store/off licence and that the applicant had applied for the supply of alcohol (off the premises) from 07:00 to 0:00 each day. The Licensing Officer added that, upon expire of the 28 day representation period, one valid representation objecting to the application was received from a local resident.
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 objective.
- To exclude from the scope of the licence any of the licensable activities to which the application relates.
- Reject the application.
There were no questions for the Licensing Officer at this time.
The Chair hereby invited Mr Kanapathi (Agent, on behalf of the applicant) to address the Committee.
Mr Kanapathi explained that the applicant has been located in Great Yarmouth for 10 years and has another premises in a residential area with the same operating schedule. It was added that this premises would be a positive addition to the area and that a number of steps have been taken to ensure that the four licensing objectives are promoted. Mr Kanapathi stated that the conditions in the operating schedule should address the objector's concerns and that there is no evidence that granting this premises licence would cause issues in the local area. It was noted that there have been concerns raised regarding the potential of drunk individuals attending the premises after the local pubs have closed to buy more alcohol, however it was stated that staff would be trained to refuse sale of alcohol to any individual who appears to be intoxicated. Mr Kanapathi addressed the concern regarding parking by highlighting that there are two parking spaces for this premises and that the premises is located on a wide road with ample turning space. It was added that the premises is small, therefore it is unlikely that customers would be shopping for a long time, meaning that their vehicles would likely be moved soon after being parked. Mr Kanapathi stated that no other residents have raised concerns and that the received objection is unreasonable due to the number of steps taken by the applicant to promote the licensing objectives. It was added that no objections were received from responsible authorities such as Environmental Health or the police.
The Solicitor stated that in the proposed conditions the applicant has stated that they will have a log book to record incidents, however there is no mention of this log book being available to the police or local authority for inspection. Mr Kanapathi stated that the applicant would agree to add this to the conditions. It was added that the CCTV recordings would be available for 31 days for inspection by the police and local authority upon request. Mr Kanapathi also added that there will be a refusal book separate from the incident log book which will also be available for inspection. The Solicitor request clarification as to whether the incident log book and refusal book would be in hand written or electronic copies. Mr Kanapathi clarified that both books would be a written hard copy.
The Solicitor highlighted one of the proposed conditions that states that staff will 'always ask to check ID before sale' and explained that this does not specify the sale of alcohol. Mr Kanapathi stated that the wording could be adjusted to specify the sale of alcohol and explained that a Challenge 25 will be in place with all staff trained on the sale of alcohol/age restricted products. The Solicitor asked whether staff training records would be available for inspection. Mr Kanapathi stated that these records would be available for inspection for a period of 12 months.
The Solicitor asked whether it is likely that bins would be emptied during anti social hours. Mr Kanapathi confirmed that the applicant would agree to submit a condition stating that the bins cannot be emptied between 8pm and 6am.
The Chair hereby invited Mrs Kent (the objector) to address the Committee.
Mrs Kent explained that she has lived on the neighbouring road for many years and has suffered from a significant amount of noise nuisance from drunk people shouting and car doors slamming. It was added that Mrs Kent is not opposed to the premises operating during the day, however she objected to the closing time of midnight as most of the local shops have a closing time of 10-11pm. Mrs Kent stated that she is concerned about the deliveries at the premises as Church Lane is a very busy road and the previous premises licence holder had the delivery vehicle pull up on the curb which effected the visibility when pulling out of Mrs Kent's road. Mrs Kent concluded by stating that the Committee should reduce the operating hours of the premises to 10pm in order to address concerns regarding safety and noise nuisance.
The Solicitor requested that Mrs Kent clarify what she meant regarding safety concerns. Mrs Kent stated that in the past drunk people have caused a significant amount of nuisance and damage to property/cars. It was noted that Mrs Kent would be afraid of asking these individuals to be quiet as there is a risk that they may be violent when intoxicated. Councillor Lawn asked the Licensing Officer whether there have been any incidents of anti social behaviour on this road due to intoxicated individuals. The Licensing Officer stated that she did not have this information. Mrs Kent stated that there has been significant car vandalism caused by drunk individuals and that residents have stopped reporting these incidents as there is often no outcome.
Councillor Lawn asked whether Mrs Kent fears for her safety. Mrs Kent stated that she lives alone and is scared when she hears intoxicated individuals shouting outside of her home.
Councillor Annison asked the Licensing Officer for the operating hours of nearby premises. The Licensing Officer stated that there are 4 licensed premises on the nearby High Street and all of these premises have 11pm closing times with opening times varying between 6am-8am. It was noted that there are pubs in the local area with operating hours that extend past midnight.
The Chair hereby invited Mrs Kent to give closing statements.
Mrs Kent stated that she is looking forward to the premises opening as it will be an asset to the local area, however the operating hours requested would have a negative impact to local residents due to the increased potential of noise nuisance in the late hours of the night. It was added that this road is effected by the damage caused to cars and properties by intoxicated individuals and there are concerns that this would get worse if there is a place for these individuals to buy alcohol until midnight. Mrs Kent stated that local residents should be allowed to feel safe and at peace in their own homes after 10pm.
The Chair hereby invited Mr Kanapathi to give closing statements.
Mr Kanapathi explained that the applicant understands the concerns raised by the objector, however it would not be fair to attribute these issues to a new business as there is no evidence that this premises would have a negative impact on the local area. It was added that this road would still be busy without this premises and therefore this concern should be disregarded. Mr Kanapathi explained that this premises would be an asset to the community and that the applicant would continue to promote the licensing objectives. It was added that residents would be welcome to discuss any issues that do arise with the applicant as they will deal with these concerns accordingly to ensure they maintain a strong relationship with the local community.
The Members retired to consider their decision in private at 13:11pm.
The Committee resumed to give their decision at 13:30pm.
The Chair hereby invited Mr D Lowens (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 stated that the application was approved in part. It was explained that the licensable activity of the supply of alcohol (off sales only) was approved but for the hours of 07:00 to 23:00 on all days. It was noted that there are no non-standard timings or seasonal variations.
RESOLVED:-
That the Committee approve the application in part and that the licensable activity of the supply of alcohol (off sales only) be approved but for the hours of 07:00 to 23:00.