Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Monday 27th October, 2014 1.30 pm

Venue: Forli Room - Town Hall

Contact: Philippa Turvey; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for New Premises Licence - 327 Lincoln Road, Hypermarket PDF 108 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION FOR THE PREMISES LICENCE – 327 LINCOLN ROAD, HYPERMARKET

27 OCT 2014

This Decision Notice refers to the application for the premises licence Hypermarket, 327 Lincoln Road, Peterborough.

We have considered the representations made to us today and in writing in objection to the licence application:

· Cambridgeshire Constabulary

The premises lie within an area designated as a cumulative impact zone known as the ‘Op Can-do’ area, incorporating mainly the Millfield and New England areas of the City. On 18 April 2013 the Licensing Authority adopted a special policy concerning this area.

This area suffers from a proliferation of outlets selling alcohol. Many such outlets trade with ‘off sales’ licences. These premises being off licences and small grocery shops.

The ‘Can-do’ operation partnership with the City Council, Police, NHS and Community Groups is designed to address the issues caused by the sale of alcohol in this area.

These issues include alcohol abuse, which adversely affects the health of many of the residents who live in the area.

There are issues relating to street crime and anti-social behaviour in the area which are a drain on Police and the Authorities resources.

We are concerned with the increase in alcohol consumption and the detrimental effects it has on the community.

There is a rebuttable presumption not to grant further premises licences in a cumulative impact zone. However, the Licensing Authority recognises that such a policy is not absolute.

There are 93 premises authorised to sell alcohol in the area.

- 39 off sales only,

- 31 both on and off sales, and

- 23 on sales only

In order to rebut the presumption not to grant, Applicants need to address the special policy issues in the operating schedules and demonstrate why the operation of the premises will not add to the cumulative impact already being experienced.

We consider that the options available to us are:

· To grant this licence as applied for,

· To grant with additional conditions, or

· To reject the application.

The Committee was impressed by the representation received from the applicant and were happy with the safety measures put in place. The applicant had experienced no relevant issues with his existing premises and it was believed that the measures suggested by the applicant would be sufficient in restricting the addition to any cumulative impact. We say that the granting of this premise licence would not add to the cumulative impact already being experienced because, by the admission of the Police, no additional footfall would be created. The Committee also believed that this was a food-led business with only a small area offering alcohol and that the hours applied for were more restricted than many of the establishments operating in the area.

Taking into consideration the representation from Cambridgeshire Constabulary the Committee felt that it would be appropriate to apply conditions which restricted:

the sale of alcohol to the area designated on the application plan as ‘off licence shelves’; and
the sale of alcohol ... view the full decision text for item 3.

Minutes:

Meeting of the Licensing Act 2003 Sub-Committee

held at the Town Hall, Peterborough on Monday, 27 October 2014

RECORD OF PROCEEDINGS

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		Hypermarket, 327 Lincoln Road, Peterborough, PE1 2PF
3.1	Application Reference	070052
3.2	Sub-Committee Members	Councillor (Chairman) Thacker Councillor Hiller Councillor Davidson
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Nigel Joseph, Lawyer – Legal Advisor to the Sub-Committee Philippa Turvey, Senior Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Mr Ergin Tasci
3.5	Nature of Application	Application Type Application for a new premises licence. Authorisations and Times Applied For Sale of alcohol for consumption off the premises Monday to Sunday 8am to 10pm Hours premises are open to the public Monday to Sunday 8am to 10pm. Summary of New Premises Licence Application In accordance with the Licensing Act 2003, following the submission of an application for a new premises licence for Hypermarket, 327 Lincoln Road, Peterborough, which had been received from a Responsible Authority the Licensing Authority was required to hold a hearing. A summary of the issues raised within the representations included: · In ‘Op Can-do’ area which is now subject to a special ‘cumulative impact policy’. · The Operating Schedule conditions contained within the application do not sufficiently address the issues of the historic problems of the location and the surrounding area.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder 3.8 2. The Protection of Children from Harm
3.7	Parties/Representatives and witnesses present	The Licensing Authority The Regulatory Officer, who presented the case on behalf of the Licensing Authority. Applicant The Applicant, Mr Ergin Tasci, and the Applicant’s Agent, Mr Mahir Kilic, and the Applicant’s Solicitor, Mr A Ranatunga. Responsible Authorities PC Grahame Robinson, Cambridgeshire Constabulary.
3.8	Pre-hearing considerations and any decisions taken by the Sub-Committee relating to ancillary matters	There were no pre-hearing considerations.
3.9	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. The key points raised in his address included the specific hours that have been applied for the sale of alcohol off the premises, the fact that the applicant had submitted photographs of 327 Lincoln Road for the Sub-Committee to consider and the fact that the application fell within the ‘Operation Can – Do’ area. Applicant Mr Ranatunga and Mr Tasci addressed the Sub-Committee. The key points raised during the address were as follows: The proposed business was food-led and would contain the display of alcohol for sale to the area behind the counter. This made up 5% of the premises. Steps over and above the necessary had been taken to adhere to licensing objectives and the applicant would be happy to work to the conditions proposed by the police. The presumption against granting permission set special policy relating to the ‘Operation Can – Do’ area was rebutted by the limited area in ... view the full minutes text for item 3.