Agenda and draft minutes

To receive any apologies for absence.

There were no apologies for absence.

To determine any other items of business which the Chair decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972.

There was no urgent business.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

There were no declarations of interest.

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The Chair welcomed everyone to the meeting and declared that the Sub-Committee was sitting to consider an application for a premises licence for The Surgery, Centre Point, Fairstead, PE30 4SR.

The Chair introduced the Sub-Committee, the Borough Council officers and the Legal Advisors and explained their roles.

The Applicant, his representative and other persons introduced themselves.

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At the request of the Chair, the Legal Advisor outlined the procedure which would be followed at the Hearing.

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At the request of the Chair, the Licensing Services Manager presented the report as included in the Agenda.  There were no questions to the Licensing Services Manager.

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The Applicant’s Representative presented the case on behalf of the applicant explaining that, due to the concerns raised by residents, he and the Applicant had visited the premises and vicinity including the Morrisons shop and the nearby Schools before the Hearing.  He stated that the Primary School was similarly located to the applicant’s premises and the existing Morrisons and the Secondary School were a four-minute walk away.

The Applicant’s Representative provided detail of the premises, explaining that it was previously a GP Surgery built around the sixties or seventies.  He acknowledged that residents were concerned by the closure of the Surgery but understood that the premises were now deemed unfit for purpose so were unlikely to reopen as a surgery.  He stated that the Applicant would bring the empty unit back into use to serve the local community.

The Applicant’s Representative provided background on the Applicant stating that he had been in the trade all his life and had been involved in conversions before.  He stated that the Applicant intended to move here and run the business for a period before it was established and he would then appoint a Designated Premises Supervisor to run the store, however he would still oversee operations.

The Sub-Committee were informed that the premises would be a One Stop and as part of this the store would be required to comply with their regime and would be regularly visited by Area Managers to ensure statutory compliance.

The Sub-Committee’s attention was drawn to the conditions within the report and the Applicant’s Representative stated that conditions should be appropriate and enforceable and he felt that the conditions to be imposed were just that.

The Applicant’s Representative explained that he had spoken to Councillor Everett in advance of the Hearing and the Applicant would offer additional conditions that could be attached to the Licence. 

The first condition was that the Challenge 25 Policy would be extended to deliveries and age verification would be required at point of order and point of delivery.

The second condition offered by the Applicant was that no more than 25% of display space would be used for alcohol.  The Applicant’s representative stated that the premises would be a convenience store not an off licence.

The Applicant’s Representative reminded the Sub-Committee that no Responsible Authorities had raised concern regarding the application and directed the Sub-Committee to the Section 182 Guidance relating to Responsible Authority Representations.

The Applicant’s Representative also stated that cumulative impact and the location of the schools was not a consideration for this application.  He stated that the application was well structured and would serve the local community.

The Chair invited questions from the Licensing Services Manager who asked for confirmation of the two additional conditions that could be attached to the licence which were imposing the Challenge 25 Policy on deliveries and that no more than 25% of display space to be used for alcohol.

In response to  ...  view the full minutes text for item 7.

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The Chair invited each of the Interested Persons to present their case.

Councillor Everett – Borough Councillor

Councillor Everett stated that he had spoken to the Applicant in advance of the Hearing to raised resident concerns.  He acknowledged that the applicant had made concessions including the Challenge 25 Policy for deliveries, CCTV and the reduction of the size of the hedge.

He stated that one of the concerns raised by residents was the loss of the GP Surgery, but acknowledged that the premises was unlikely to be brought back into use for this purpose.

He explained that residents were also concerned about the proximity of the schools and underage sales.  He acknowledged the Challenge 25 Policy but felt that the close proximity of the premises raised exposure to children.

Councillor Everett commented that there were also high crime levels in this area and another licensed premises in the area could increase this.

Councillor Everett stated that the area did not need another venue selling alcohol as it would add to crime, disorder and antisocial behaviour.

The Chair invited questions to Councillor Everett and the Licensing Service Manager asked if Councillor Everett was aware that ‘need’ was not a matter for Licensing and Councillor Everett confirmed that he was aware.

Councillor Sandell referred to the press coverage and social media relating to this application, which indicated that the premises would be an off licence.  She asked Councillor Everett if now, realising that the premises was to be a convenience store, did he still think that the application would have a detrimental impact.  Councillor Everett stated that he didn’t realise that the premises would be a One Stop and was happier now that he knew the premises would not be an off licence.

In response to a question from Councillor Ayres, Councillor Everett stated that he was aware that ‘need’ was not a matter for licensing, but asked the Sub-Committee to consider the impact an additional premises in the area could have to the current antisocial behaviour issues.

In response to a question from Councillor Moriarty, Councillor Everett stated that he was satisfied with the condition to limit alcohol to 25% of display space within the store.

Councillor Colwell – Norfolk County Councillor

Councillor Colwell stated that he had received considerable correspondence from residents on this issue and concerns had been reflected on social media.  He stated that the premises was on the main through route to the schools and he opposed the application.

He stated that he was pleased that the Applicant and his representative had visited the premises, but Councillor Colwell was local and knew the area well and had seen the issues and problems that had occurred.

Councillor Colwell stated that he was a Domestic Violence Solicitor and was aware of the impact that alcohol could have.

Councillor Colwell explained that in relation to the prevention of crime and disorder Licensing Objective, there was already issues in  ...  view the full minutes text for item 8.

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The Licensing Services Manager summed up the case and reminded the Sub-Committee that they should consider all of the information included in the Agenda and put forward at the hearing and dispose of the matter using one of the methods as set out in the report.

She reminded the Sub-Committee of the additional conditions offered by the Applicant.

She reminded the Sub-Committee that all parties had the right to appeal the decision to the Magistrates Court.

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Councillor Everett

Councillor Everett confirmed that he had nothing further to add.

Councillor Colwell

Councillor Colwell summed up stating that this was the wrong location for the premises and put children at risk of witnessing lewd behaviour, strong language and inebriation.  He stated that the application should be refused in order to protect children from harm.  He was also concerned of the impact granting the licence would have on crime figures and the proximity to the schools.

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The Applicant’s Representative summed up the case stating that the Applicant had visited the premises approximately fifteen times and was aware of the local area.  He noted that Councillor Colwell had accepted that the applicant could not have done anymore and that the increase in premises would not increase the demand.

The Applicant’s Representative stated that the Sub-Committee’s decision needed to be evidence based and not based on a feeling of it not being the right location.

The Applicant’s Representative stated that the application had been well structured and thought out and was bringing back a vacant building into use.

The Applicant’s Representative reiterated that the operating hours applied for were less than Morrisons and that there had been no objections from the Responsible Authorities.

The Legal Advisor advised that there were no outstanding matters.

The Chair explained that the Sub-Committee would retire to make their decision in private, accompanied by the Democratic Services Officer for administrative purposes and the Legal Advisor for specific points of law and procedure.

The Chair explained that the decision would be provided to all parties in writing within five days.