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The Sub-Committee received report ES/2174 of the Senior Licensing Officer, which related to an application for a new premises licence at Bungay Local, 14 Market Place, Bungay NR35 1AW.
The Chair invited the Senior 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 one relevant representation had been received which was against the application. The Senior 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 – 06:00 to 00:00 and the proposed opening hours were Monday to Sunday – 06:00 to 00:00.
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.
The Sub-Committee was asked to state its reasons when announcing its decision.
The Chair invited questions to the Senior Licensing Officer.
Councillor Fisher asked what the sales of alcohol were for the closest nearby premises. The Senior Licensing Officer confirmed that this was the Bungay Shopper and its hours of opening were Monday to Sunday – 06:00 to 23:00, with the permitted hours for sales of alcohol being the same – 06:00 to 23:00.
Councillor Plummer asked for clarification of the phrasing “late night refreshment”. The Senior Licensing Officer confirmed this related to hot food and drink after 23:00, it did not include alcohol. The applicant was seeking this for 1 hour from 23:00 to 00:00, Monday to Sunday.
The Chair invited the Applicant’s representative to make their representation.
The Applicant’s representative told the Sub-Committee that this was a brand-new family business, located in a site that has been empty. It was being refurbished to a high standard as a new convenience store. The applicant had purchased the freehold and was expecting the premises to be ready to open in the new year.
The store would sell a wide range of goods, a variety of groceries, dairy goods, magazines, household goods, lottery, snacks, confectionary etc. The applicant’s representative clarified that the late-night refreshments applied for was for the sale of hot drinks, with the applicants considering implementing a coffee machine.
He noted that the alcohol sales would just be a part of the overall business and would take up 10% to 15% of the floor space. He referred to the floor plan that had been submitted with the application, and pointed out the counter on the right and said a selection of alcohol would be displayed close to the counter (beers and wines), with the spirits and more expensive items being held behind the counter.
The representative told the Sub-Committee that the applicant had held a licence for 7 years and already had retail experience, having worked as a retail manager and managed a Shell Petrol Station franchise previously. This included experience of selling alcohol. The applicant has a clean record and has had no issues with the authorities, he confirmed that a police check had been carried out which showed no issues with the application or applicant.
The representative said there would be 4 to 5 staff employed by the shop and there would always be enough staff on duty. Particularly at peak times where there would usually be 2 members of staff working.
The applicant would be responsible for the purchase of all age restricted items, such as cigarettes, vapes and alcohol and these would be purchased from the local wholesalers.
As part of the application, a robust and detailed operating schedule has been proposed to promote the four licensing objectives, the applicant’s agent summarised this to the Sub-Committee.
CCTV covering the inside and immediate outside area, with 10 cameras in total covering the whole of the space, the images would be made available to authorities upon request.
A Challenge 25 policy would be implemented for alcohol and age restricted goods.
There would be a schedule of regular staff training including general alcohol sales, making a refusal, challenge 25, proxy sales, and dealing with customers and conflict – the training would also cover the sales of vapes and cigarettes. The applicant’s agent had provided samples of the training carried out in the application pack.
Litter picks would be carried out regularly to keep the area clean and tidy.
The applicant’s representative noted these were comprehensive conditions which had been submitted to all authorities. There had been no objection from any authorities consulted, the police had assessed and reviewed the application and had raised no issues. Consultation had also occurred with Trading Standards, Safeguarding, Public Health, Licensing and local Ward Members, which again had raised no issues.
The applicant’s representative noted the concern that had been raised by the Objector and told the Sub-Committee he had tried to engage with them to reach mediation but had not received a response to the two emails he had sent. He asked that the Sub-Committee considered the content of the letter to the objector and stated there was no evidence of antisocial behaviour, which was what the main objection related to.
To conclude he told the Sub-Committee that this was a strong application, the applicant had experience of managing well run premises, and the conditions applied to the Operating Scheduled would promote the licensing objectives. He asked that the licence be granted.
The Chair invited question the applicant’s representative.
Councillor Plummer noted that the proposal was that the shop would open from 06:00 to 00:00, 7 days a week and asked if those were the hours that the shop would open in practice. In reply the representative stated that the application proposed those opening hours, and these would be the maximum permitted hours. If the licence was granted, the business would have the flexibility to operate different hours, within those parameters, dependent on business need.
There were no further questions from the Sub-Committee and no objectors were present, therefore the Chair asked the relevant parties to sum up.
The Senior Licensing Officer told the Sub-Committee that having reviewed the surrounding venues, they all had a later licence than that what was being applied for by Bungay Local.
The applicant’s representative summed up by stating that this was a good application that proposed a strong and comprehensive set of conditions. The proposed hours were reasonable and fit in with the locality and other licensed premises. There had been no objections from any responsible authorities, and the police haven’t objected, he gave that considerable weight. The applicant has purchased property and invested significantly; he assured the Sub-Committee that the premises would be run properly. There had been one objector, and they had tried to engage with them. There was no evidence to support the objection and the Sub-Committee cannot rely on what may or may not happen.
Finally, he stated in the unlikely situation that there were any issues, the licence review procedure is there. He asked that the application was approved for the hours requested, subject to the conditions offered.
The Sub-Committee adjourned to make their decision.
Decision Notice
Bungay Local Limited (the Applicant) has applied for a new premises licence named Bungay Local at 14 Market Place, Bungay, NR35 1AW, to permit the sale of alcohol for off sales from Monday to Sunday 06:00 to 00:00.
This Sub-Committee has been held as one representation against the application had been received from a local resident. There were no representations received from any responsible authorities. The grounds for objection were that the long opening hours and sale of alcohol from the premises could encourage late night anti-social behaviour in the town centre of Bungay.
The Sub-Committee first heard from the Licensing Officer, who summarised the report. When questioned in relation to the licensable hours of nearby businesses, the Licensing officer stated that the Bungay Shopper’s licensable hours are Monday to Sunday 06:00 to 23:00. The Sub-Committee asked the Licensing Officer to explain the term ‘late night refreshment’, it was clarified that it does not concern alcohol sales but is instead for selling hot food and drink after 11pm. Other licensed premises in the area have later licensable hours than those applied for in this application.
The Sub-Committee then heard from the Applicant’s agent who explained that the new shop will sell a wide range of goods and is due to open early next year. The Applicant has held a licence for seven years and has experience working in licensed premises. The Applicant’s agent drew the Sub-Committees’ attention to the proposed Operating Schedule. The Applicant’s agent has tried to engage with the objector to mediate but was unsuccessful.
The Sub-Committee were provided with additional documentation from the Applicant prior to the hearing, the documents included information in relation to staff training and due diligence of record keeping and the Challenge 25 scheme as well as a letter sent from the Applicant to the objector.
The decision of the Sub-Committee
The Sub-Committee, having considered the application, the Licensing Officer’s report and the representations from the applicant, their agent and the objector has decided to grant the application for off sales, Monday to Sunday, 06:00 to 00:00 and late-night refreshments Monday to Sunday, 23:00 to 00:00.
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 that the Applicant sent a letter to the objector which addressed the raised concerns and made clear how the Applicant would promote the licensing objectives by their Operating schedule, namely, CCTV and Challenge 25. The Applicant also stated that the owners will do everything that they can to prevent any disturbance or problems for the local community, for example litter picking.
Pursuant to 2.1 of the Revised Guidance issued under section 182 of the Licensing Act 2003 a licensing authority ‘should look to the police as the main source of advice on crime and disorder’. The Sub-Committee, therefore, took great weight in making its decision upon the lack of responses from responsible authorities, most notably the Police in relation to crime and disorder which is inclusive of anti-social behaviour.
The Sub-Committee acknowledge the representation from the objector whose key concern was that there is already a licensed premises adjacent to the proposed premises and that the customers that weren’t welcomed by the adjacent premises for unreasonable behaviour would instead go to the applied premises. In relation to competition the Council do not currently have a policy in place for competition of similar premises. Therefore, the Sub-Committee should consider the impact of a new licence on individual merit. As the Applicant has exhibited steps through their Operation Schedule that they will promote the licensing objectives, the Sub-Committee is confident that the Applicant is capable of promoting the licensing objectives and the application is granted.
Anyone affected by this decision has the right to appeal to the Magistrates’ Court within 21 days of receiving notice of the decision.
Date: 4 December 2024