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 variation of an existing premises licence in respect of One Stop, Centre Point, Fairstead, King’s Lynn, PE30 4SR.

He introduced the Sub-Committee, the Borough Council officers and the Legal Advisor and explained their roles. 

The Applicant’s agent introduced himself, the applicant, Karen Norgate and Dale Norgate.

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

The applicant sought to submit additional supporting documentation that had not been provided to the Licensing Authority in advance of the Hearing.  As a result, the Interest Parties had not been afforded an opportunity to review or consider the material.

The Hearing was adjourned at 10.13 am to enable the legal position to be considered.

The Hearing reconvened at 10.40 am.  The Legal Advisor explained that any representations made in respect of the application must be relevant to one or more of the four licensing objectives.  The Legal Advisor further advised that the ‘need’ for an extended premises licence did not constitute a licensing objective and that it was unclear how the list of supporting names would promote any of the four licensing objectives. 

After clarification, the applicant agreed to proceed without the late evidence, and Councillor Everett confirmed no objection to continuing on the basis of the agenda pack only.

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The Licensing Service Manager presented the report as included within the agenda.

There were no questions from the applicant, interested parties or Sub-Committee.

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The applicant’s agent presented their case.  He advised that Mr Odedra managed seven One Stop shops, all operating under Tesco’s franchise, with regular staff training, CCTV coverage, and adherence to Challenge 25 age verification.

He added that there was no evidence to suggest that the proposed extension would result in an increase in anti-social behaviour.  He also highlighted that the nearby Morrisons store was licensed to sell alcohol until 11pm.  He also drew attention to the absence of any objections from the responsible authorities.

The applicant ‘s agent stated that he viewed the application as an additional service to the local community, and although the Hearing had proceeded without the additional supporting evidence, he maintained that local residents valued the service and that the community itself would not tolerate any issues as it was a service to them.  He also advised that the local Ward Members had not approached or engaged with him prior to the hearing to discuss the concerns raised in their representations.

Karen Norgate, store supervisor with long-standing ties to the area, addressed the Panel in support of the application.  She outlined the operational practices at the shop, emphasising staff training, and described the shop’s role in the community, noting that most customers were local residents and that there had been no significant issues with antisocial behaviour or drunkenness. She also added that the community was asking for the extended hours.  She provided examples of staff refusing sales to intoxicated individuals and enforcing age restrictions,

Dale Norgate advised that he lived a short distance from both the One Stop and Morrisons.  He stated that he could count on one hand the number of issues that had arisen but in his view those incidents were not related to the sale of alcohol.  He added that alcohol was already available for purchase from the nearby Morrisons store until 11:00 pm.

Questions to the applicant

The Licensing Service Manager asked whether any additional measures were in place at the other One Stop stores operating with later licensed hours and if so, whether the applicant intended to implement any similar measures in support of the application.  In response, the applicant’s agent stated that the existing conditions attached to the premise were adequate as to not undermine the licensing objectives.

The Licensing Manager also clarified that the licensed hours at Morrisons were 8 am – 11 pm Monday to Saturday and until 10.30 pm on a Sunday.

The Interested Parties did not have any questions to the applicant.

Councillor Rust queried whether another nearby One Stop was open until 11pm, but the applicant did not know the exact opening hours.

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Councillor Everett, also on behalf of Councillor Fry clarified that the objection was not to the business itself but to the extension of licencing hours, questioning what had changed since the previous decision and expressing concern about increased risk of antisocial behaviour.

The objection focused on the prevention of crime and disorder and public nuisance, with Councillor Everett stating that extending hours could increase risks, especially in an area with ongoing antisocial behaviour issues.

When questioned, Councillor Everett acknowledged that while there had been reports of antisocial behaviour, it could not be definitively linked to the premises, and that the objection was based on preventative principles rather than evidence of current problems.

Questions to Interest Parties

The Licensing Service Manager queried the concerns around the ‘appropriate location’ with the proximity of the Morrisons shop in mind.  The Interested Party was unable to provide a reason as to why the location was not appropriate but added that the application should be based on its own merits as the Morrisons licence had been granted several years ago.

The applicant’s agent queried the Interested Parties’ knowledge of the Fairstead estate.  He confirmed that he visited regularly and knew others that lived there.

The applicant’s agent also asked why the Interested Parties felt that the responsible authorities did not make representations to which the Interest Parties explained that he could not speak on their behalf.

Councillor Sandell asked whether the Interested Parties, as a ward member, had been made aware of any issues and, if so, did he think that they were attributable to the sale of alcohol at the One Stop.  The Interested Party advised that he could not confirm either way whether any issues were the alcohol sales at the One Stop shop.

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The Licensing Service 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.

The Interested Parties had nothing further to add.

The applicant summed up his case.

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.

As the applicant and interested parties had left, a copy of the decision notice would be sent to them.