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The Sub-Committee received report ES/2126 of the Licensing Officer, which related to an application for a new premises licence at Premier, 143 Oulton Road, Lowestoft, NR32 4QS.
The Chair invited the Licensing Officer to summarise the report.
The Sub-Committee was advised of the details of the application and that a hearing had been convened as two relevant representations had been received from other persons, these were against the application. The Licensing Officer noted that there had been no objections to the application from any of the responsible authorities consulted.
The Sub-Committee was advised that the proposed licensable activities were for alcohol – off sales – Monday to Sunday – 07:00 to 23:00 and the proposed opening hours were Monday to Sunday – 06:30 to 23:00.
The Sub-Committee was informed that when taking its decision, it was required to consider the guidance issued under Section 182 of the Licensing Act 2003, the Council's current Statement of Licensing Policy and the Human Rights Act 1998, giving full reasons should it have reason to depart from these points. The Sub-Committee was asked to determine the application by either:
- Granting the application subject to any mandatory conditions and to those consistent with the application.
- Granting the application subject to the same conditions but modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives.
- Rejecting the application.
The Sub-Committee was asked to state its reasons when announcing its decision.
The Chair invited questions to the Licensing Officer.
In response to the Legal Advisor, the Licensing Officer confirmed that the licensable hours for the One Stop were from 08:00 to 11:00 Monday to Saturday and 10:00 to 10:30 on Sundays.
The Chair invited the Applicant’s agent to make their representation.
The agent told the Sub-Committee that the premises they were seeking a licence for was previously a licensed grocery store, more recently it had been a co-op funeral director and the licence had been surrendered at that time.
The Sub-Committee was informed that the applicant was an experienced licensee who currently held a licence for a Premier convenience store in Lowestoft, they had 18 years’ experience of holding a licence and had operated previous shops, as many as 7 at one time. Her husband was also an experienced convenience store licensee. and had significant experience of and had 18 years’ experience as an operator holding a licence. The Sub-Committee was advised that they had no issues with the policy or responsible authorities throughout that time and aimed to employ 4 part-time staff in the new store, and possibly one full-time member of staff.
Initially the applicant had applied for a licence from 6am to midnight for off-sales, however in making a second application, the applicant reviewed the statement of licensing policy and reduced the licenced hours to 7am to 11pm. The agent confirmed that deliveries to the store would be via the back of the shop and referred the Sub-Committee to the full list of robust conditions listed in the report. The applicant intended to implement a CCTV system, which would have 18 cameras including 2 outside to cover the shop frontage. There would always be a staff member on the floor, and they would be operating a strict Challenge 25 policy. The applicants would display notices which would be aimed at encouraging no loitering and drinking in the streets.
The agent told the Sub-Committee that the application was to be considered on its own merits and not the other shops and that there were no representations received from any responsible authorities, i.e. police, environmental protection or trading standards, which suggested that there was no concern that it would undermine the prevention of crime and disorder objective outlined in the Licensing Policy.
Referring to the representations received from objectors, the agent told the Sub-Committee that they had reached out to them via email. Noting the issues raised the agent stated:
- The concerns about parking were outside of the remit of the sub-committee and would relate to a separate control to be dealt with by other departments and the police.
- The comments relating to the other shops were not relevant as the application must be considered on its own merits.
- The comments made regarding Premier are looking to the future, as there is no evidence as the shop has not yet opened. If the licence was granted, the shop is looking to open early December due to refurbishment required.
- Regarding the hours, these were kept to 11pm finish, to not go into the night-time economy. It was considered so that public would not leave the pub and go into the Premier, it would not be possible from the Premier or the existing One-Stop.
- Monitoring of outside space would occur, with checks being made and people asked to move on. If there were any issues, the staff would call the police.
It was noted that the Premier would be a convenience store and not an off licence, with 20% of shop display area being for alcohol. The plan was for a shop where people pop in to buy groceries and can additionally buy alcohol.
To conclude the agent told the Sub-Committee that taking into account all that had been said, the responsible operators and the proposed mitigations addressing residents’ concerns, it was an application that could safely be granted.
The Chair invited questions to the applicant.
In response to Councillor Craig, the applicant confirmed that they had been in the area between 10 and 11pm and had noticed that the nearby public house was often closed at that time. The applicant confirmed that should the area be quiet; they would consider earlier closing times on occasions.
Councillor Patience welcomed the employment that would be created and noted the issues raised by the objectors and photos provided of cars and lorries parking, asking what steps they would take to make sure the deliveries were at the rear of the premises. The applicant’s agent referred to the conditions in the report which stated that deliveries would not occur before 8am or after 8pm, adding this could be enforced as it was a legally binding condition. The applicant’s agent told the Committee that deliveries would be via the rear service road, and when orders were placed the supplier would be advised of the condition of the licence.
The applicant understood the resident’s concerns and noted that the issue needed to be raised with the Parking Services department of the Council.
In response to the Legal Officer, the applicant confirmed that they intended to open and sell alcohol for the hours applied for.
The Chair invited the objector to make their representation.
The objector noted the opening hours of Premier shops in the area and asked why the applicant was intending to open for longer hours. He told the Sub-Committee that residents would be accepting of a 10pm closing time, adding that the publican often closed earlier if it was quiet.
He told the Sub-Committee that there had been a previous issue with public nuisance outside the shop linked to sales of alcohol.
He referred to the local community and stated that they had no issue with the new shop it was the trading hours and the traffic outside the front that there were concerns with, having been so many near misses there. There was an issue with the enforcement of the parking issues outside the parade of shops, despite there being regular unsafe parking and loading/unloading (as demonstrated in the photographs provided).
Councillor Patience agreed to take forward the issues raised with the Parking Authorities.
Councillor Craig asked if deliveries had always been to the front of the shops. It was confirmed that they were, due to the size of the lorries and on occasions they arrive as early as 5:45am.
There being no further questions for the objector, the Chair invited the parties to sum up.
The Licensing Officer referred to the comment made by the objector regarding other premises comparable licence times and noted that they all have the longer licence times granted but are closing earlier.
The applicant agreed with the Licensing Officer, confirming they have applied for those hours and would try to trade those hours, but this could differ depending on the actual patterns of trade once opened.
The objector confirmed that they felt that 10pm was a suitable closing time for the area.
In response to Councillor Patience, the applicant confirmed that they would consider a 10pm closing time.
The Sub-Committee adjourned at 10.40 am to make their decision.
The Sub-Committee reconvened at 11.35am to read out the Decision Notice.
DECISION NOTICE
Mrs Piratheepan Theivaruby (the applicant) has applied for a new premises licence at Premier, 143 Oulton Road, Lowestoft, Suffolk, NR32 4QS, to permit the sale of alcohol for off sales from Monday to Sunday 07:00 to 23:00.
This Sub-Committee has been held as two representations against the application had been received from local residents. The representations main concerns were in relation to public safety and public nuisance. The representations referenced the noise from the row of shops already causing a nuisance from early morning deliveries to the One Stop and that a new premises will increase the nuisance deliveries, traffic and noise generated in that area. The representations also stated that due to the proposed opening hours anti-social behaviour may increase in the area.
The Sub-Committee first heard from the Licensing Officer, who summarised the report. The Licensing Officer highlighted that the Sub-Committee should take into account the Licensing Act 2003, Section 182 Guidance, the Council Statement of Licensing Policy and the Human Rights Act 1998. When questioned, the Licensing Officer confirmed that the One Stop licensable hours are 8am to 11pm Monday to Saturday and 10am to 10:30pm on Sunday.
The Sub-Committee then heard from the applicant’s agent. The applicant’s agent described the applicant as an experienced operator that has worked in the trade for 18 years and has held a personal licence for 8 years, they already operate an existing shop in Lowestoft and have never had issues with Police or responsible authorities. The applicant intends to employ 4 local persons. There was a previous application which was for the hours of 6am to midnight, however the applicant has now reduced the hours in the second application to 7am to 11pm, having considered the section 182 guidance and that the premises will be in a residential area. The applicant intends to sell for the full licensable hours.
The applicant’s agent addressed concerns from the objectors in relation to deliveries and confirmed that there would be a condition on the licence that they will deliver to the back of the shop between the hours of 8am and 8pm. The premises will have 18 CCTV cameras with the frontage covered to enable staff to see if anyone is loitering or there is anti-social behaviour. They will have a strict Challenge 25 policy. It was highlighted to the sub-committee by the agent that in line with the Section 182 guidance, each premises licence should be considered on its own merits and that no representations from any responsible bodies were received.
The applicant reached out to those who made representations in an attempt to mediate with objectors prior to the hearing but were unsuccessful. They recognise that there is a concern with parking in the area but understand that this is not within the remit of the licensing objectives. The applicant intends to open the premises early December 2024. The hours are standard, the off licence will close before the pub to deter customers leaving the pub and buying alcohol from the premises. The Sub-Committee commented that the nearby pub is sometimes closed earlier than 11pm.
The Sub-Committee highlighted that there is an issue with parking dangerously and on double yellow lines and that enforcement should be more prevalent in that area. When asked about how the applicant would uphold the delivery conditions, they explained that when they place orders, they will tell suppliers that there is a condition on the licence to deliver to the back of the premises and personally make sure that this is adhered to.
The Sub-Committee then heard from the objector who stated that there were already quite a few Premiers in the area and noted the opening hours of those shops. The objector questioned why the Premier needs to be open until 11pm which is later than the other shops in the area, residents would be much happier if it closed at 10pm. The objector’s main concerns are the opening hours and the traffic and the associated parking, of which there is no traffic enforcement. Sub-Committee members responded as the premises is within their ward they will bring up the parking problems and seek that parking enforcement focuses on this area as there is an obvious need.
In summing up the Licensing Officer referred to the objector’s discussion of local premises opening hours and confirmed that the other shops do all have similar licensable hours to those applied for in this application.
The objector summed up by restating that the residents feel that 10pm is an appropriate time to close in a residential area. The applicant said they would be happy to consider this.
The Environmental team had no concerns with the application and there were no representations from any responsible authorities.
The decision of the Sub-Committee
The Sub-Committee, having considered the application, the Licensing Officer’s report and the representations received from the applicant and the objectors has decided to grant the application, subject to the conditions as applied for within the licence. The licensable hours therefore being Monday to Sunday 7.00am to 11.00pm.
Reasons for decision
In arriving at this decision, the Sub-Committee has taken into consideration the representations of both the applicant and objector as well as the Licensing Officer’s report. The Sub-Committee also considered the Council’s own licensing guidance and statement of licensing policy, as well as the Statutory Section 182 guidance, and Human Rights Act 1998.
The Sub-Committee noted the representations from the objectors, however some of the points made fell outside of the licensing objectives. The issue of parking does not directly relate to the off sale of alcohol. In relation to the early morning deliveries that were causing a nuisance to residents, the applicant confirmed that they would not receive their deliveries at the front of the shop and that no deliveries will be made before 8am. It should also be noted that this is a condition on their licence that must be upheld.
The Sub-Committee took great weight in making its decision upon the lack of responses from responsible authorities, most notably the Police in relation to anti-social behaviour.
The Sub-Committee considered the Council’s own guidance in relation to licensing objectives and that each new licence should be considered on individual merit. As the applicant has made steps to work with the residents in the local area, notably in relation to delivery times and a reduction of hours, the Sub-Committee is confident that the applicant is capable of promoting the licensing objectives.
Anyone affected by this decision has the right to appeal to the Magistrates’ Court within 21 days of receiving notice of the decision.
Date: 18 October 2024