Agenda item

The Legal Services Manger briefed all present on the procedure for the meeting and advised the Sub-Committee that an application had been received for the grant of a Premises Licence in respect of Kubus, 29 Station Road, Llanelli, SA15 1AW to permit:-

 

·         Supply of Alcohol  Monday to Sunday 09:00-21:00;

·         Opening Hours Monday to Sunday 09:00-21:00.

 

The Sub-Committee noted that the following documentation was attached to the report:

·         Appendix A – Copy of the application

·         Appendix B – Representations submitted by the Dyfed Powys Police

·         Appendix C – Representations made by the Licensing Authority

 

The remaining Responsible Authorities had not made representations in respect of the application.

 

In addition to the above, the Sub-Committee received, with the consent of all parties, the following additional documentation:

 

• Police statement (restricted)
• Cumulative Impact Area Premises – Llanelli Station Road

 

The Sub-Committee considered the documents submitted, and all relevant written representations received before the hearing from the parties.

 

 

 

The Licensing Authority Representative referred to his written representations, as detailed within Appendix C to the report, and referred to the written representation that was contained in the agenda bundle.

 

The Licensing Authority Representative explained that:

 

• The area of Station road was subject to the Cumulative Impact Policy and that this premises/Policy created a presumption against the granting of a premises licence.
• Cumulative Impact Policies/Assessments now have a statutory basis.
• The exceptions to the policy outlined in Appendix C did not appear to apply in this case.
• Should the Sub-Committee be minded to grant a licence, the applicant supports the licence conditions proposed.
• Confirmation was provided that 1 licence had been surrendered since 2016.
• The Licensing section receives regular reports of problems in the Station Road area of Llanelli and those problems have not diminished.

 

All parties present were afforded the opportunity of questioning the Licensing Authority representative on his submission.

 

Mr Price, the Dyfed Powys Police representative thereupon referred to his written representations and statement of evidence and advised: 

 

• The Police objected to the application due to the Cumulative Impact Policy and the Drinking in Public Places Order (DPPO) covering Station Road and surrounding area.

 

• Station Road, Llanelli was identified as a crime and disorder hot spot.

 

• If Sub-Committee departs from its Cumulative Impact Policy the police would ask for specified conditions to be added to the licence. He believes the applicant has accepted the conditions.

 

• The background in relation to the socially deprived nature of the area and number of licensed premises in Station Road.

 

• During the period between April 2017 and March 2018 there had been 164 anti-social behaviour incidents recorded in Station Road with 26% of these incidents having occurred within licensed premises.

 

• A fifth of all related crime and 13% of all alcohol related ASB incidents recorded in Llanelli town occurred in Station Road.  Furthermore, 41 alcohol related crimes of Violence against Persons were recorded in Station Road during same period. 

 

• While there had been a decrease in the number of premises for the sale of alcohol the statistics show that there was a high level of alcohol related crime and disorder in Station Road.

 

 

 

• There were 2 other off licences in very close proximity to this premises.
  
  
• With the statistical evidence the police were of the opinion an additional premises with the benefit of off sales of alcohol would add to the existing issues within Station Road.

 

All parties present were afforded the opportunity of questioning the Police representative on his submission.

 

Mr Price, in response to a query, provided a further information in relation to the crime in Llanelli town and Station Road:

 

­   17/18 – 3,299 with 244 recorded in Station Road

­   16/17 – 2,523 with 142 recorded in Station Road

­   15/16 – 2484 with 162 recorded in Station Road

 

In addition, he explained that due to the nature of parts of Station Road meant that a large police presence was required.  Whilst Station Road was on a par with other areas in the County, there was a constant level of alcohol related crime and anti-social behaviour.

 

Mr Price reported that 51% of all alcohol related crime and anti-social behaviour took place between 10pm and 6am and 49% between 6am and 10pm.

 

Mr Lewis thereupon addressed the Sub-Committee on behalf of the applicant (present) and advised that:

 

­   The applicant was a family man who had run the shop for 5 years. He also has a personal licence and has run a licenced shop in past.

 

­   The shop sells food, many unique and unusual products but mainly Polish and European.  The shop trades between the hours of 9:00am to 9:00pm and its main customers are families. In addition, he felt that the supply of these speciality products would help integrate the Polish community.

 

­   The Polish community enjoy family parties and therefore the applicant would like to be in a position to supply his customers with speciality Polish alcoholic beverages.  However, the applicant views alcoholic beverages as ancillary to his food business and did not want to become or labelled a general off licence.

 

­   Relevant CCTV system had been ordered and assurance was provided that the management of the alcohol would be well controlled by staff.

 

­   The premises was previously licenced as a pub/nightclub

 

­   In the applicants’ experience the culture of social drinking had changed with people now mainly drinking at home.  He does not believe that his family orientated customers would cause problems.

 

­   There was one other Polish shop selling Polish goods (inc alcohol) in Station Road.

 

 

 

All parties present were afforded the opportunity of questioning the applicant and Mr Lewis on his submission.

 

UNANIMOUSLY RESOLVED to retire into private session in order to receive legal advice pursuant to Paragraph 16 of Schedule 12 to the Local Government Act.

 

Following the adjournment, the Sub Committee reconvened to advise of its decision and, having regard to the relevant paragraphs of the Licensing Authority’s Statement of Licensing Policy and the guidance issued by the DCMS and the Home Office, it was

 

RESOLVED that having considered all the evidence before it, the Sub-Committee finds that the application should be refused.

 

REASONS

 

In coming to its decision, the Sub-Committee had made the following findings of fact;

 

1. The Council’s Statement of Licensing Policy applies a Cumulative Impact Policy to this part of Station Road.
2. The premises was located in an area designated by the Statement of Licensing Policy as a crime and disorder ‘hotspot’.
3. The premises was located in an area covered by a Designated Public Place Order (DPPO).
4. A previous application for a premises licence in respect of this premises was refused in 2013
5. No evidence had been presented of alcohol related crime and disorder at this premises.
6. There was a significant volume of alcohol related crime and disorder in the vicinity of the premises.
7. The Police opposed the granting of the application in principle on the grounds that it undermined the crime prevention objective.
8. The premises was not currently licensed.

 

The Sub-Committee had attached weight to the views of the responsible authorities and had not received any evidence which suggested that those views were wrong or unjustified.

 

The Sub-Committee recognised that its decision must be based upon real evidence, and that concerns and fears about what might happen if a licence were granted, where unsupported by such evidence, were not matters which they could properly take into account.

 

In this case, the Sub-Committee was satisfied that there was real evidence to support the police concerns about the impact of granting this application.

 

 

 

 

The Sub-Committee noted the terms of the Cumulative Impact Policy and in particular that;

 

1. It creates a rebuttable presumption that the application should not be granted.
2. The burden for rebutting the presumption rests upon the applicant.
3. It should only be departed from in ‘exceptional circumstances’.

 

The applicant had not presented any evidence which, in the view of the Sub-Committee would amount to ‘exceptional circumstances’ justifying departure from the above policy.

 

As such, in light of the significant level of alcohol related crime and disorder that continued to occur in Station Road, Llanelli, and the Sub-Committee was satisfied that it was appropriate to refuse this application in order to promote the licensing objective of preventing crime and disorder.  In addition, this decision was a proportionate response to the alcohol related crime and disorder that continues to occur in that locality.