The Strategic Director of Regeneration and Environment reported upon an application that had been received from  Balamanokaran Thambirasa for a Premises Licence in respect of Harrys Convenience Store, 65 Woodchurch Road, Prenton, under the provisions of the Licensing Act 2003.

The hours requested were outlined within the report together with a number of conditions that the applicant had agreed to have attached to the Licence should it be granted, following discussions with Merseyside Police.

The applicant had submitted an operating schedule setting out how the business would be conducted/managed in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

Representations had been received from two local residents.  A petition against the application had also been received containing 236 signatories.  One representation related to public nuisance which it was claimed was currently a problem within the vicinity of the premises and concerns that should the application be granted this nuisance would increase.  Copies of the representations and petition were available.

The applicant attended the meeting together with Mr Rushton, Agent for the applicant.

The Licensing Manager confirmed that all documentation had been sent and received and that a response had been received from a local resident who was unable to attend but had requested that her written representation be taken into consideration.

Mr Rushton addressed the Sub-Committee.  He submitted a copy of a certificate of training undertaken by the applicant in July 2012 in respect of underage sales.  He advised Members that the premises would be a general convenience store with limited alcohol, that the applicant would be the Designated Premises Supervisor and had experience working in licensed convenience stores for a number of years.  He advised that the applicant had worked in London and was currently working in a convenience store in Birkenhead.  He informed Members that the total percentage of alcohol sales at the premises would be 10-12% should the application be granted and that this would allow the premises to be competitive with other premises in the area.  Mr Rushton provided details of the measures that would be put in place at the premises which included CCTV, spirits to be kept behind the counter, a Challenge 25 Policy, a refusals register, an incident book and training for members of staff.  He reminded Members that no objections had been received from Merseyside Police or any of the other responsible authorities.  He referred to the representations received and informed Members that he had contacted the local resident to assure her of the measures that would be put in place to promote the licensing objectives.  He referred to the petition as he believed that it was not specific and submitted that there was no evidence that the licensing objectives would be undermined, therefore he requested that the application be granted.

The Licensing Manager confirmed that the application was for consumption off the premises.

The applicant and Mr Rushton responded to questions from Members of the Sub-Committee and Mr D K Abraham, Legal Advisor to the Sub-Committee.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Statutory Guidance issued under section 182 of the Licensing Act 2003.

Members considered the representation made by local residents as well as information provided by the applicant in support of the application.

Members considered that there were defects in the petition submitted due to a lack of evidence in respect of how the signatures were collected and therefore Members did not attribute weight to this.

Members gave consideration to the measures proposed by the applicant that would be put in place to ensure that the licensing objectives would be promoted and that the concerns of the local resident would be addressed. Members also took into account the fact that the applicant had liaised with Merseyside Police and amended the application and proposed conditions in line with their recommendations.

Members noted that the applicant would be willing to work with agencies in support of any local initiatives to address alcohol related issues such as single can sales and sales of beer or cider with a high volume of alcohol content.

In determining the matter Members have also taken into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises Licence.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application for a Premises Licence in respect of Harrys Convenience Store, 65 Woodchurch Road, Prenton, be granted with the following hours:

Sale by Retail of Alcohol for consumption off the premises

Sunday to Saturday  08:00 to 22:00

Hours Open to the Public

Sunday to Sunday  07:00 to 22:00

(3)  That the following conditions be attached to the Premises Licence:

• All staff must be vigilant and monitor the area immediately outside the premises to ensure that youths do not congregate.  Staff must report incidents to the Police if deemed appropriate.  Records of this monitoring and reporting must be maintained in the incident book and made available to an Authorised Officer upon request.

·  The premises must maintain a refusals book at the premises.This book must be made available to an Authorised Officer on request.

• The premises must adopt a Challenge 25 Policy and display the appropriate posters regarding this Policy.

·  All employees must complete training in relation to the prevention of the sale of alcohol to persons under the age of 18 years before being allowed to sell alcohol in the shop.

·  All employees must complete training in relation to proxy sales before being allowed to sell alcohol in the shop.

·  All employees must complete training in relation the responsibility to refuse alcohol to anyone who is drunk before being allowed to sell alcohol in the shop.

·  All employees must complete training in relation to conflict management before being allowed to sell alcohol in the shop. 

·  Refresher training on all matters identified in conditions 4-7 must be conducted with staff at least every 6 months.

·  Written records of all training undertaken must be kept at the premises and made available to an Authorised Officer upon request.