9.30 AM APPLICATION FOR A PREMISES LICENCE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - PARK VIEW CONVENIENCE STORE, 1 LINGHAM LANE, MORETON
The Director of Law and Governance reported upon an application that had been received from Hidhayadul Nooria Mohammed Hasan for a Premises Licence in respect of Park View Convenience Store, 1 Lingham Lane, Moreton.
It was reported that the premises do not currently have a Premises Licence. The hours applied for were set out within the report and following discussions with Merseyside Police, the hours requested for the sale of alcohol had been reduced by the applicant. The applicant had originally requested that the sale of alcohol commence from 06:00.
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 application be granted.
In respect of the application, a representation had been received from a local resident. The representation related to anti-social behaviour occurring within the vicinity of the premises and public nuisance being caused to local residents which they believed would be exacerbated should the application be granted. A copy of the representation was available.
The applicant attended the meeting together with his agent. A local resident was also in attendance.
The Licensing Manager outlined the report and confirmed that all documentation had been sent and received.
The applicant’s agent reported that the application had been made as the premises had been refurbished from a former hairdressers into a local convenience store selling household goods and groceries and that alcohol would not be the focus of the business and only sold as part of the convenience offering which would form about 15% of the total goods available to customers.
The applicant’s agent outlined how the business would be operated and the measures that would be put in place to promote the four licensing objectives. She reported that the applicant had invested £75,000 into the property and that all equipment and security systems had been installed which included external shutters, an alarm and new CCTV system.
Members of the Panel were advised that the applicant has had over 12 years’ experience of alcohol sales and he had put forward comprehensive conditions to promote the licensing objectives. These included a Challenge 25 Policy, training of staff before they would be allowed to sell alcohol, CCTV and other measures to prevent the sale of alcohol to persons under the age of 18. The applicant’s agent also referred to the reduction in the application for the hours applied for the sale of alcohol further to discussions with Merseyside Police and that no representations had been received from any of the Responsible Authorities.
The applicant responded to questions from Members of the Licensing Panel, the Licensing Manager and the Legal Advisor to the Panel.
The local resident addressed the Panel and raised his concerns in respect of another premises being allowed to sell alcohol in the area. He reported upon his experience living next door to these premises which had operated as a number of different types of business and provided a detailed account of the anti-social behaviour that he had witnessed in the area as well as criminal activity. The local resident expressed his particular concern in relation to youths in the area gaining access to alcohol which they then consumed in the local park. He described how youths in the area intimidate adults to purchase alcohol on their behalf and gave a particular example of a relative being physically attacked. He advised Members that he believed that should the application be granted, this would result in additional crime, anti-social behaviour in the area.
The local resident responded to questions from Members of the Licensing Panel, the Licensing Manager and the Legal Advisor to the Panel.
The applicant’s agent accepted the concerns of the local resident, however she referred to the fact that no representations had been received from Merseyside Police and requested that the application be granted.
In determining the application Members of the Licensing Panel 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.
In determining the application Members gave consideration to the representations made by the local resident and also had regard to the statutory guidance issued under the Licensing Act 2003 which states that their decision should be evidenced based and appropriate for the promotion of the licensing objectives. In this regard, Members had taken into consideration the fact that there had been no representation from Merseyside Police or any of the relevant Responsible Authorities. Members also took into consideration the fact that no evidence had been provided that the applicant would be likely to sell alcohol to persons under the age of 18 and that conditions placed on a Premises Licence, should it be granted, would be effective in preventing these type of sales.
In coming to their decision, Members gave consideration to the assurances provided by the applicant that the premises would be managed in such a way as to prevent any nuisance being caused to local residents. The Panel also took into account the conditions set out in the operating schedule.
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.
(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 Park View Convenience Store, 1 Lingham Lane, Moreton be granted with the following hours:
Sale by Retail of Alcohol
Sunday to Saturday 07:00 to 23.00
Hours Open to the Public
Sunday to Saturday 06:00 to 23:00