The Assistant Chief Executive reported upon an application that had been received from Newton Post Office, 80 Newton Cross Lane, Newton, for a Premises Licence under the provisions of the Licensing Act 2003.

The hours requested were outlined within the report.

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.

A representative of the applicant, Mr Sivakaran, attended the meeting with the proposed Premises Licence Holder, Mr Pathrannehelage. Mr Nowell, a local resident was also in attendance to object to the application.

The Licensing Manager confirmed that all documentation had been sent and received. She then informed Members that two apologies had been received from local residents.

Members of the Sub-Committee were advised that following discussion with Merseyside Police, the Applicant had agreed to amend the Operating Schedule to include a number of conditions to prevent crime and disorder, including conditions relating to the provision of CCTV and not selling beer, lager or cider above 6.5% ABV.

Mr Sivakaran addressed the Sub-Committee, on behalf of Mr Pathrannehelage. Members heard from the applicant regarding measures that would be put in place to prevent alcohol being sold in such a way that it would be detrimental to the community and to ensure that the Licensing Objectives would be promoted. This included the implementation of a Challenge 25 Policy, till prompts to prevent the sale of alcohol to persons under the age of 18 and comprehensive training and guidance for staff working at the premises in respect of the responsible sale of alcohol. He then identified to Members that no representations had been received from the responsibility authorities.

Mr Pathrannehelage then addressed the Sub-Committee and informed Members that he had 12 years experience of working in retail premises, including the sale of alcohol in Licensed Premises. He then advised that he expected alcohol would constitute a modest percentage of the retail space within the shop.

Mr Sivakaran and Pathrannehelage responded to questions from Members of the Sub-Committee, Mr Nowell, local resident and Mr D K Abraham, Legal Advisor to the Sub-Committee.

In response to questions, Mr Pathrannehelage informed the Sub-Committee that he wold maintain a refusals log book and would install CCTV at the premises. He further informed Members that he expected the sale of alcohol in his premises to constitute no more than 10% of his total income.

Mr Nowell then addressed the Committee in objection to the application. Members heard his submission that the sale of alcohol at these premises would attract youths to gather within the vicinity of the premises, a factor which he believed would lead to anti-social behaviour in the area. He then informed the Committee of his concerns regarding vehicles parking at the premises, which, in his opinion, would create a particular nuisance to local residents during the evening and at weekends.

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

In response to questions raised, Mr Nowell advised that although he had experienced anti -social behaviour in the area, this could not be directly linked to the premises in question.

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 took into account the fact that no detailed evidence was provided to demonstrate that the granting of the Licence would undermine the licensing objectives. Members had particular regard to measures that the Applicant would put in place to prevent the sale of alcohol to persons who are not lawfully entitled to purchase it so as not to undermine the Licensing Objectives of preventing crime and disorder, preventing public nuisance and protecting children from harm.

Members also had regard to the fact that there were no representations from the Responsible Authorities objecting to the application which included the Licensing Authority, Merseyside Police, Trading Standards, Environmental Health, Planning and Public Health.

In determining the matter Members also took 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 Newton Post Office, 80 Newton Cross Lane, Newton be granted with the following hours:

Sale by Retail of Alcohol

Sunday to Saturday  08:00 to 21:00

Hours Open to the Public

Sunday to Saturday  06:30 – 21:00

(3)  That the following conditions be placed on the Premises Licence:

• The premises must maintain a paginated refusals book. The register must be examined on a regular basis by the duty manager/Designated Premises Supervisor and the date and time of each examination must be endorsed in the register.  The register must be kept on the premises and made available for inspection by an Authorised Officer upon request.
• 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.
• All staff must have a minimum Level 1 qualification in Responsible Alcohol Retailing or equivalent before being allowed to sell alcohol in the shop.  Refresher training must be conducted with staff at least every 6 months. Written records of this training must be kept at the premises and made available to an Authorised Officer upon request.