Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Wednesday, 6th November, 2013
Council Chamber, Town Hall, High Street, Stockton on Tees
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Councillor Kirton (Chair) and Councillor Johnson
Miss Edwards(DNS), Mr Nertney(LD)
In Attendance:
Mr Rommell Garcha and Ms Nikki Gill(Applicant), Mr Johal, Ms Barwick and Ms Mallaby(Local Residents). Ward Councillor Cherrett and Ward Councillor Kennedy.
Item Description Decision
RESOLVED that Councillor Kirton be appointed Chair for this meeting only.

RESOLVED that the application be granted as detailed below:

• To permit the supply of alcohol for consumption off the premises between the hours of 07:00 until 22:00 Monday to Sunday;

• The opening hours of the premises are 07:00 until 22:00 Monday to Sunday
11:00 am


There were no interests declared.
Members gave consideration to the report, application and the representations which had been received from seventeen persons along with a petition containing 163 names. Three of those that had made representation were in attendance. Ward Councillors Mrs Cherrett and Mr Kennedy had also made representation and were in attendance also.

The applicant Mr Garcha addressed Members and stated that the intention was to open the vacant premise at 11 Elm Tree Centre and have a general convenience store with the provision of alcohol for customers who may wish to purchase. Mr Garcha noted that a number of the representations received were based on speculation. Mr Garcha stated that he had run similar premises and businesses in the past and had had no problems. Mr Garcha stated that the premise would be well ran and would not cause any problems to local residents. The Police had no concerns with the application and he had agreed to a number of conditions being attached to the licence which addressed the licensing objectives.

The lead petitioner had set out the grounds of the representation which could be summarised as follows:-

• Sufficiency of premises in the area
• Proximity to the Elm Tree Community Centre
• Concern that the premise could lead to an increase in Anti Social behaviour

Other representations identified that the area had suffered from anti social behaviour in the past and residents were concerned that problems could arise in the future if this application was granted.

Mr Johal’s representation was based on the fact that he already had an off licence premise on the parade of shops and felt there was no need for another similar premise.

Ms Barwick and Ms Mallaby stated that they worked in the hairdressers at the shops and were concerned that another licensed premise could lead to disorder and anti social behaviour.

Councillor Cherrett detailed the grounds of her and Councillor Kennedy’s representation.

The Police had initially submitted a representation but this was withdrawn after discussion with the Applicant who agreed to amend his operating schedule and attach a number of conditions which would be placed on the premises licence if granted by the Committee, namely:-

1. A digital Closed Circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped. The system will incorporate sufficient built-in hard drive capacity to suit the number of cameras installed, whilst complying with Data Protection legislation. CCTV will be capable of providing picture of evidential quality in all lighting conditions, particularly facial recognition. Cameras will encompass all ingress and egress to the premises, outside areas and all areas where sale/supply of alcohol occurs. There will be a minimum of 4 days recording. The system will record 24 hours a day. The system will incorporate a means of transferring images from hard-drive to a format that can be played back on any desktop computer. The digital recorder will have the facility to be password protected to prevent unauthorized access, tampering or deletion of images.

2. There will be at all times a member of staff on duty who is trained in the use of the equipment and upon receipt of a request for footage from a governing body, such as Cleveland Police or any other Responsible Authority, be able to produce the footage within a reasonable time e.g. 24 hrs routine or immediately if urgently required for investigation of serious crime.

3. A ‘Challenge 25’ policy will be implemented with all staff insisting on evidence of age from any person appearing to be under 25 years of age and who is attempting to buy alcohol. There shall be notices displayed at all points of sale and at all entrances and exists to inform customers and remind staff that the premises are operating a ‘Challenge 25’ policy.

4. All staff will be fully trained in relation to the laws relating to the sale of alcohol to underage persons, persons buying on behalf of under 18s (proxy sales) persons appearing to be under the influence of alcohol and also the operation of the associated ‘Challenge 25’ policy. Staff will receive refresher training at least every 3 months

5. Training records, signed by both the staff member and Designated Premises Supervisor/Store Manager/Business Owner will be retained for future reference and shall be updated at least every 3 months. All staff training records will be made available to the Licensing Authority and/or Responsible Authorities upon request.

6. The business will maintain a refusals book to record all instances where the sale of alcohol has been refused. This shall include the date and time of the attempted sale, together with a description of the incident. The Designated Premises Supervisor/Store Manager/Business Owner will check and sign each page and the refusals book will be made available to the Licensing Authority and/or Responsible Authorities on request.

7. There will be a minimum of two notices displayed on the premises indicating that the sale of alcohol to persons under the age of 18 is illegal and that adults who buy alcohol for immediate disposal to persons under the age of 18 are committing an offence.

Members noted that a number of issues had been raised in the representations which were not relevant to Members deliberations in this matter.Many residents and objectors had referred to sufficiency of premises in the area but this was not a relevant consideration for Members. The Licensing Sub Committee had no control over the type of shop that may wish to operate from that location.

Members were mindful that they had to consider this application in accordance with relevant case law and that resident’s fear of what could or may happen were not sufficient grounds to refuse or amend the application. Members had to consider whether any evidence had been presented that would persuade them the licensing objectives would be undermined if the application was granted. Members were not persuaded that the licensing objectives would be undermined.

After giving consideration to all of the evidence and representations made both in writing and orally, Members agreed to grant the application.

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