Agenda, decisions and draft minutes

RESOLVED that the minutes of the meeting of the Licensing Committee held on 31 October 2023 be confirmed and signed.

Councillor Huynh declared an interest in item 3 because Adana Premier Store was in his ward. He had been contacted by residents in relation to the petition.

DECISION NOTICE

1.    Adana Premier Store, Unit D Adana Building, Connington Road, SE13 7FD has applied for the grant of a new Premiss Licence (“the Premises”).

2.    The application was for the grant of a premises licence to allow for the retail sale of alcohol Mondays to Sundays from: 06:00 to 23:00 hours.

3.    Relevant representations were received from the Police Licensing Authority and 17 local residents on the grounds that granting the application would not meet the objective of upholding any of the four licensing objectives.  The Police representations were withdrawn before the hearing following discussions with the Applicant who agreed to accept additional conditions on the licence.

4.    The Licensing Committee held a hearing on 13 December 2023 to consider the application.  A solicitor spoke on behalf of the Applicant.  Three residents attended the meeting and addressed the Committee. The Licensing Authority also addressed the Committee.

5.    In retiring to make its decision Councillor Huynh, the ward councillor for this area, recused himself from involvement with any decision regarding this application. It remains the Council’s position that Councillor Huynh was entitled to sit on the Licensing Committee hearing this application and it was a personal decision for Councillor Huynh to recuse himself.

6.    In making its decision the Committee has considered all of the papers contained in the report pack together with the submissions and evidence presented by all parties at the hearing.  The committee has also taken into account the Council’s own Statement of Licensing Policy and the Home Office’s Statutory Guidance.

7.    The Committee’s decision is to grant the application subject to the conditions agreed with the Police and the additional conditions proposed by the Licensing Authority and also subject to a reduction in the hours permitted for the sale of alcohol Mondays to Sundays from 11:00 hours to 23: hours.  Its reasons are as follows:

a.    The Committee noted that the Applicant had agreed the conditions with the Police and the Committee has determined that the additional conditions recommended by the Licensing Authority support the promotion of the licensing objectives.

b.    The reduction in trading hours for the sale of alcohol is in line with the Councils Statement of Licensing Policy of preferred hours for premises located in residential areas. The Committee heard evidence from the Licensing Authority and each of the three local residents describing the location of the Premises being in a residential area, away from main roads, banked on all sides by approximately 400 residential properties.  The Licensing Authority in its representations confirmed that they designated the Premises to be within a residential area and the Committee agreed with those representations and on that basis the preferred hours for this Application are 11:00 hours to 23:00 hours, in accordance with paragraph 15.7 of the Policy.   The Committee did not hear sufficient evidence from the Applicant to persuade them to depart from this policy but note that during the hearing the Applicant did offer to amend his application to allow for the  ...  view the full decision text for item 3.

3.1      The Chair welcomed all parties to the Licensing Committee. and outlined the procedure to be followed for the meeting.

            Introduction

3.2     Mr Obazee said that members were being asked to consider a premises licence application for Adana Premier Store, Unit D Adana Building, Connington Road SE13 7FD. He outlined the details of the application The application was received on 24 October 2023 and served on all responsible authorities on 25 October. Sixteen relevant objections were received during the consultation period and from the local authority and the Police on the grounds of all four licensing objectives.

3.3      The applicant had agreed a list of conditions, and as a result, the Police withdrew their objections. The licensing authority also agreed with these conditions. However, the licensing authority still objected to the proposed hours for the sale of alcohol. The representations were not considered to be vexatious or frivolous.

3.4      Mr Obazee reminded members of the steps available to them when making their decision, having considered all representations and evidence heard during the hearing.

            Applicant  

3.5      The Chair said that the agent could speak for 10 minutes on behalf of the applicant.

3.6      Ms Sherratt was concerned that one member of the Committee had been approached by residents about this application and did not believe that he should be part of the determination. She asked for the context of how he was approached. Councillor Huynh clarified that he had been approached by residents as their ward councillor. He did not have any preconceived view with regard to the application and would not be providing formal representation on behalf of his residents. He had not discussed the application with residents.

3.7      Ms Sherratt said that she was still concerned because she did not know the contents of the emails between the member and residents, or the conversations that been had. The Chair said that it was not an unusual situation. Every member would make a declaration if the application was within their ward and unless they had been involved in discussions with residents, it was the practice that they be allowed to be part of the Committee and its decision.

3.8      Ms Sherratt made a representation on behalf of the applicant. She raised the following points.

• Concern had been expressed about the hours of sale of alcohol. It was important to highlight the applicant’s experience and knowledge. He started his career in 2012; he had managed six stores and still owned three. Some of the stores were in challenging areas. He lived locally and knew the area and the community well. He was experienced in selling alcohol from 6am until 11pm and had also managed a shop with a 24-hour licence. Three families were involved in the business, they were contributing to the economy employing staff and they had never received any complaints or experienced any problems with any of the shops. In September 2023 one of their shops passed a test purchase which was evidence of good practice. The applicant had  ...  view the full minutes text for item 3.

            This application was withdrawn.