Agenda item

Report by the Group Manager, Environmental Health and Regulatory Services

The Licensing and Enforcement Officer presented the report on an application for a new premises licence made under section 17 of the Licensing Act 2003 from Soran Mohammed Salih in respect of the Wisla Supermarket, 209 Barton Street, Gloucester, GL1 4HY.  Mr Salih wished to sell alcohol for consumption off the premises between the hours of 8.00 am and 11.00 pm, Monday to Sunday (inclusive).

 

The Applicant had set out in Section P of the Operating Schedule the measures proposed to be taken to promote the four licensing objectives if the application was accepted.

 

The Committee was advised that a representation had been received from the City Council’s Environmental Protection Team (Responsible Authority) concerning a potential negative impact on the licensing objective for Public Nuisance.  However, following further negotiations between the Team and the Applicant, the representation had been withdrawn, subject to the imposition of two conditions to control litter.  No other representations had been received from Responsible Authorities.  It was further noted that Gloucestershire Police had liaised directly with the Applicant during the consultation period and had drawn up four conditions which were acceptable to the Applicant and would be added to the licence should it be granted by the Committee.  The Licensing and Enforcement Officer advised Members that the alcohol would be displayed and sold from behind the counter and also facing the counter at the opposite end of the supermarket as indicated on the plan.  The Police had agreed that condition 4 in paragraph 4.11 should be amended further to  exclude alcohol stored behind the counter from the 5m requirement, as these items were adequately controlled.

 

One representation had been received from Councillor Sajid Patel, as (Interested Party) as Councillor Patel believed that the granting of the licence would have a negative impact on all four of the licensing objectives.

 

The Licensing and Enforcement Officer then summarised the application:-

 

Having considered the application, any relevant representations, the legislative provisions, the Council’s Statement of Licensing Policy and the Home Secretary’s Guidance, Members had the following options as considered necessary to promote the Licensing Objectives:

 

(a)     To accept the application and attach conditions as consistent with the operating schedule.

 

(b)     To accept the application and modify the conditions of the licence which includes altering, omitting or adding new conditions.

 

            (c)     To reject the whole, or part of the application.

 

Members were reminded that the Licensing Objectives were:-

 

            (a)   the prevention of crime and disorder;

            (b)   public safety;

            (c)   the prevention of public nuisance;

            (d)   the protection of children from harm.

 

The Applicant’s Representative indicated he had no questions to ask of the Licensing and Enforcement Officer.

 

The Interested Party confirmed he had no questions to ask of the Licensing and Enforcement Officer.

 

A Member queried the location of the alcohol and the Licensing and Enforcement Officer explained that this was to avoid theft.

 

APPLICANT’S REPRESENTATIVE’S ADDRESS

 

Mr Mike Smith, representing the Applicant addressed the Committee.

 

Mr Smith said that this was a simple and straightforward application to sell alcohol from a convenience store.  It was not an off-licence and the hours of sale were not excessive.  There had been no objections from residents.  His client had liaised with Gloucestershire Police, accepted their conditions, and invested in CCTV.   Mr Smith said it was unfair to state in the report that his client had not  offered up the conditions voluntarily and believed that this reflected unfavourably on his client who had done everything he could to co-operate.  Mr Smith questioned some of the wording in the second condition imposed by the Environmental Protection Team which stipulated that waste should be collected and disposed of through a Trade Waste Agreement by a Registered Waste Carrier as he considered that this was outside the scope of the Licensing Act.  Mr Smith also suggested an alternative wording for the first condition imposed by the Environmental Protection Team. Mr Smith added that Councillor Patel’s objection was not a valid reason to refuse the licence as his evidence of anti-social behaviour and street drinking were obtained third hand and were anecdotal.  Mr Smith asked the Committee to dismiss the recent media publicity relating to the application.  The Chair confirmed that the Committee would not be swayed by the media coverage when reaching its decision.  

 

QUESTIONS FROM THE LICENSING AND ENFORCEMENT OFFICER, INTERESTED PARTY AND MEMBERS TO THE APPLICANT’S REPRESENTATIVE

 

The Licensing and Enforcement Officer indicated that she did not have any questions to ask.

 

Councillor Patel queried CCTV coverage at the premises.  Mr Smith confirmed that there were 8 cameras covering the whole building.  Councillor Patel then asked if the premises had ever been raided by Trading Standards.  The Licensing and Enforcement Officer replied that Trading Standards had been consulted on the proposal and had not offered any objections.

 

A Member of the Committee noted that the supervisor lived in Hull and asked how she would be able to manage the premises.  Mr Smith responded that Ms Baranoswka had a house in Gloucester and had an interview for her child’s school relocation to Gloucester the next day.

 

THE INTERESTED PARTY’S ADDRESS

 

Councillor Patel addressed the Committee.

 

Councillor Patel explained that although he was the only objector, he represented some 7,000 residents and traders in Barton and Tredworth, several of whom had approached him with their concerns regarding anti-social behaviour and street drinking.  He sought reassurance from the Applicant that street drinkers would not be able to loiter outside the premises as the DPPO for Barton Street was not effective.  He believed that street drinking was out of control and the granting of the licence would exacerbate the problem.  A multi-agency meeting had failed to address the problems.  As a member of the Barton and Tredworth Neighbourhood Project he was aware that this problem was at the top of the agenda for every meeting.  The drinking problem was caused by the availability of cheap liquor in off-licences, convenience stores and a major supermarket in the area.  He quoted a local authority which stipulated that applicants for licences had to prove there would be no negative impact on the community and said he believed that the same process should be adopted at Gloucester.

 

QUESTIONS TO THE INTERESTED PARTY

 

The Licensing and Enforcement Officer indicated that she had no questions to ask of the Interested Party.

 

Mr Mike Smith said that the local authority referred to by Councillor Patel related to an alcohol disorder area and could not be applied to the Barton area.  The Licensing and Enforcement Officer confirmed that Barton Street was not subject to a special policy as it was not part of the cumulative impact zone and that the applicant did not have to prove that the granting of the licence would have a negative impact on the area.

 

The Members of the Sub-Committee indicated they had no questions to ask of the Interested Party.

 

 

FINAL STATEMENTS

 

The Licensing and Enforcement Officer summed up the Council’s case.  She added that the Environmental Protection Team’s requirement for waste to be collected by and disposed of through a Trade Waste Agreement by a Registered Waste Carrier was not a legislative requirement for the granting of a licence and as such would be removed from the condition within the report.  The DPPO covered Barton Street, but not the side streets.  A multi-agency group was currently working together to address problems in the area.

 

The Interested Party indicated he had no further statement to make.

 

The Applicant’s Representative reiterated what he had said before and added that there was no evidence before Members to lead them to believe that harm would occur from the granting of the licence and that he did not consider they had heard anything during the meeting to influence them to refuse the application. 

 

RESOLVED

 

The Committee considered the application made under Section 17 of the Licensing Act 2003 for a premises licence by the Wisla Supermarket (209 Barton  Gloucester) and having had regard to the representations made by the Interested Party, evidence from the Applicant, the Home Secretary’s Guidance, the Council’s own Statement of Licensing Policy and the Legal Implications as set out in the report, have decided to grant the application for the sale of alcohol for the hours as set out in Section M of the Operating Schedule attached to the report.

 

REASONS AND CONDITIONS

 

1)    The CCTV system shall be fitted and maintained in good working order, shall record at all times the premises are open, and recordings shall be kept for a minimum of 14 days and be provided on DVD to Officers of the Council, Trading Standards or Police on request.

 

2)    The Challenge 25 (or equivalent scheme) shall be adopted, so that any customer attempting to purchase alcoholic liquor who appears to be under the age of 25 shall be asked for an accredited photographic proof of their age (e.g. passport, photo driving licence or a Pass approved card) and that a sale shall not be made unless this evidence is produced.  All details of persons challenged to be entered in a ‘challenge log’

 

3)    All staff to be fully trained in their responsibilities, under Licensing Act 2003, with re-training every three months.  All training will be fully documented, and those records to be produced to Police or Council officers on reasonable request.

 

4)    No alcohol will be displayed within 5 meters of the entrance/exit to the premises, with the exception of any alcohol stored behind the counter.

 

5)    During the period the premises is open for business, the DPS will be responsible for ensuring that staff monitor the exterior of the premises and will ensure litter is kept to a minimum.

 

6)    All rubbish produced by the premises will be stored securely on the premises and be placed out for collection no earlier than 23.00 hours before the day of collection.

 

Reasons for conditions - to promote the licensing objectives:-

 

1.       The prevention of crime and disorder

2.       Public safety

3.       The prevention of public nuisance, and

4.       The protection of children from harm