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application for a new premises licence under the licensing act 2003 - groceries, 55 west street, sittingbourne
The Chairman introduced the report which set out the application for a new premises licence at Groceries, 55 West Street, Sittingbourne.
Mr Kanapath, representing the applicant, gave an overview of the application. He stated that Mr Raveskumar, the applicant, had worked in the retail industry for at least 10 years and had a personal license. Mr Kanapath explained that the applicant intended to operate the premises as a convenience store and that the sale of alcohol would be a small part of the business. He added that the premises were located in a commercial area and would close at 11pm, which was earlier than many other premises in the locality.
Mr Kanapath stated that he understood local concerns but considered that as the premises would be operated in a responsible manner with CCTV and the Challenge 25 scheme both in operation it was not likely to lead to an increase in anti-social behaviour. Mr Kanapath drew attention to the Police recommendations outlined in the report and stated that his client would be happy to accept Police conditions (1), (2), (4) and (6) but not conditions (3) and (5). Mr Kanapath advised that the Police had agreed to withdraw condition (3) and he asked that condition (5) be amended to allow the sale of alcohol up to 7.5 per cent ABV, as the applicant hoped to sell high quality polish beer.
In response to a query, the applicant's agent stated that the Designated Premises Supervisor (DPS) would be working full time in the premises.
DC Angus, Kent Police, noted that Mr Raveskumar, the applicant, had completed his personal licence and asked him to name the four licensing objectives. After it became clear that Mr Raveskumar could not adequately answer, DC Angus stated that if he could not name the licensing objectives then how could he be trusted to ensure the law was upheld.
In response to queries, the applicant's agent confirmed that the premises was currently closed for refurbishment and the premises would be operated as a convenience store with sale of alcohol.
DC Angus, Police Licensing Officer, stated that she had not agreed to remove condition (3). She further stated that they would only support the application if all six conditions requested were imposed. The Police Licensing Officer noted that the premises was located in a mixed commercial/residential area and spoke about the non-confrontational policy and how the applicant needed to take responsibility to ensure the sale of alcohol from his premises would not impact on anti-social behaviour.
Councillor Roger Truelove, a Ward Member, spoke against the proposal. He asked that the application be refused for the following reasons: the area was principally residential and had a concentration of elderly persons' properties; the area would become a magnet for underage late night drinking; and would lead to a concentration of off licences in the area.
Mr Gary Singh, Best One Off Licence, which operated opposite, spoke against the proposal and stated that whilst not objecting to competition, they had worked for the last 15 years with the local community to keep anti-social behaviour to a minimum. He also spoke on behalf of local residents and raised the following concerns: there was already an abundance of similar outlets within walking distance of the town centre; local residents were adamant that granting the licence would lead to an increase in anti-social behaviour, noise, loitering and litter; and lack of parking would lead to road safety problems.
In response to a query from a Member, the Police Licensing Officer stated that she was not aware of particular anti-social problems in the area. Councillor Truelove considered that this was not the case and spoke of particular problems in the play area at the rear of The Cloisters and problems with litter in Ufton Lane.
In summing up, the applicant's agent stated that his client was aware of the licensing objectives but public speaking had made him nervous. He stated that with regard to anti-social behaviour concerns there was no evidence to suggest that this would increase. He reported that the applicant now wished to withdrawn his previous objections to conditions (3) and (5) and would comply with all six.
Councillor Roger Truelove, was then invited to sum up. He reiterated his concerns and stated that the application would have an adverse impact on the local area and he had little confidence that the applicant would enforce the licensing objectives.
The Sub-Committee adjourned to make their decision at 10.42 am. Members of the Sub-Committee Assistant Solicitor and Democratic Services Officer left the meeting and returned at 10.53 am, when the meeting re-convened.
The Chairman stated that whilst the Committee appreciated the concerns of the objectors, they could not make a decision on what might happen. However they were not confident that the applicant was experienced enough to be able to run a licensed premises and for that reason alone the licence was refused. The Committee considered it may have been beneficial for the DPS to have attended the hearing.
The Chairman advised the applicant had the right to appeal to the Magistrates Court within 21 days.
RESOLVED:
(1) That in respect of the new premises licence at Groceries, 55 West Street, Sittingbourne the Sub-Committee's decision is attached as Appendix 1:
That the licence be refused as the Committee had no confidence that (despite recently sitting an exam) the applicant was adequately experienced to run a licensed premises.
Appendix |
