Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Tuesday 13th January, 2015 1.30 pm

Venue: Viersen 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 - Little Europe, 715 Lincoln Road PDF 123 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

APPLICATION OF THE PREMISES LICENCE – LITTLE EUROPE, 715 LINCOLN ROAD, PETERBOROUGH

13 JANUARY 2015

This Decision Notice refers to the application for the premises licence Little Europe, 715 Lincoln Road, Peterborough.

The Sub-Committee have considered the representations made to us today and in writing from:

Cambridgeshire Constabulary
Councillor Swift, Ward Councillor
Councillor Shearman, a Local City Councillor and representative of the Victoria Park Residents Association
Brian Gascoyne, Chairman of Millfield and New England Regeneration Partnership (MANERP)
The Applicant’s Legal Representative

The police in their own words offer a ‘fairly neutral’ representation and say there is little crime reported in the immediate area where the premises are situated. However, they say that within the Cumulative Impact area there is a significant concentration of licensed premises.

Cllr Shearman, as the representative for the Victoria Park Residents Association, tells us that there is significant alcohol related crime throughout the area and that residents are against the granting of another off licence for a general store style of shop.

Brian Gasgoyne, representing MANERP, also has concerns over alcohol related crime within the area and any increase in licensed premises.

Cllr Swift tells us that the area is much improved regarding alcohol related crime and that with a large Eastern European representation in the area, that they should be able to purchase alcohol from this store.

We have disregarded any representations of ‘need’ and any proposed planning permissions for a superstore.

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 ‘Op Can-do’ partnership with the City Council, Policy, 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 as a whole 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.

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.

In our deliberations we have considered:

- Our own Statement of Licensing Policy at paragraph 11,

- The Government guidance at paragraph 13.29 and 13.30,

- The ... view the full decision text for item 3.

Minutes:

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		Little Europe, 715 Lincoln Road, Peterborough, PE1 3HD
3.1	Application Reference	070476
3.2	Sub-Committee Members	Councillor (Chairman) Thacker Councillor Hiller Councillor Casey
3.3	Officers	Terri Martin, Regulatory Officer – Licensing Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Philippa Turvey, Senior Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Mr Aidas Meckauskas
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 Saturday 09.00 to 21.00 Sunday 10.00 to 20.00 Hours premises are open to the public Monday to Saturday 09.00 to 21.00 Sunday 10.00 to 20.00 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 Little Europe, 715 Lincoln Road, Peterborough, PE1 3HD, which had attracted representations from a Responsible Authority, a Ward Councillor, a Councillor and Millfield and New England Regeneration Project (MANERP), the Licensing Authority was required to hold a hearing. A summary of the issues raised by persons objecting to application included: · Application falls within the Cumulative Impact Area, an area identified within the Councils Statement of Licensing Policy as already saturated with licensed premises. · Area suffers with a high level of anti-social behaviour fuelled by alcohol, which could be exacerbated by another off licensed premises. · Evidence does still exist of a negative impact caused by alcohol within the area, e.g. street drinking, alcoholism and domestic violence. · High level of crime in the vicinity. · The proposed DPS (Designated Premises Supervisor) is already responsible for other licensed premises, suggest another DPS for this premises if the licence is granted. · Proposed extra conditions, if the licence is granted in relation to single and double vessels of alcohol above 6.5 abv (alcohol by volume) and public liability insurance. A summary of the issues raised by persons supporting the application included: · Alleged consumption of alcohol in the area is declining due to closure of on-licensed premises · Area improvements by various agencies mean that the problems historically experienced in the direct locality are declining. The premises is located away from the high concentration area of Can Do.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder 3.8 2. The Prevention of Public Nuisance 3.9 3. The Protection of Children from Harm 3.10 4. Public Safety 3.11
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 Aidas Meckauskas, and the Applicant’s Representatives, Mr Daniel Oscroft. Responsible Authorities PC Grahame Robinson, Cambridgeshire Constabulary Ward Councillors Councillor Swift Other Persons Councillor Shearman Brian Gascoyne, MANERP
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 ... view the full minutes text for item 3.