Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

The applicant’s legal representative addressed the sub-committee.  Members had questions for the applicant’s legal representative.

The public health officer addressed the sub-committee..  Members had questions for the public health officer.

All parties were given five minutes for summing up.

The meeting went into closed session at 10.36am

The meeting resumed at 11.39am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Business Seminar Ltd for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Shop & Stop, 201 Walworth Road,  London SE17 1RL is granted as follows:

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form and the conditions conciliated with the police during the conciliation process.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the applicant’s representative who advised that the applicant was already running a similar business in the area without issue.  The applicant had taken a pro-active approach in responding to and addressing issues raised by the responsible authorities in advance of the hearing.  As a result they had conciliated a number of conditions proposed by the police and had made attempts to conciliate with the public health authority. 

The applicant’s representative noted that there were a number of other premises in the immediate vicinity which were licensed to sell alcohol from 7am in the morning and imposing a more onerous condition on this business would simply limit the competition between businesses and would not address the licensing objectives.  He also noted that the government’s guidance states that shops should normally be free to provide sales of alcohol for the 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.  They felt that it was not for the authorities to dictate how businesses should be operated.

The applicant’s representative informed the sub-committee that he had told his client that it would not be acceptable to sell cheap high strength alcohol.  However, he indicated that there were a number of premium brands available which could be made available for sale without undermining the licensing objectives.

The licensing sub-committee heard from the public health representative who advised that the public health authority had concerns about alcohol related problems in the area.  They stated that problem drinkers were more likely to purchase alcohol early in the morning and therefore that they thought that it would be reasonable to impose a condition to restrict the sale of alcohol before 11am. 

They acknowledged that the licensing sub-committee could only make decisions based on the four licensing objectives but emphasised that alcohol related problems in the area could lead to a drain on resources in particular relating to ambulance call out times.

The licensing sub-committee considered everything it read and the oral representations put forward at the hearing but on balance felt that the conditions agreed between the police and the applicant were sufficient to ensure the promotion of the four licensing objectives.

In reaching this decision the sub-committee had regard to all the relevant considerations, including the statutory guidance and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The  licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.