Agenda item

The Legal Services Manager briefed all present on the procedure for this item which had been brought to the Committee to consider an application received from Zabka Super Minimarket for the grant of a Premises Licence in respect of 21 Cowell Street, Llanelli SA15 1UU.

To allow:-

Supply of Alcohol/Opening Hours –

• Monday to Saturday 08:30-22:30,
• Sunday 09:00 – 21:00.

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

Appendix A – copy of the original application

Appendix B – representations submitted by Dyfed Powys Police

Appendix C – representations submitted by other persons.

Representations were received from the local ward County Councillor T. Davies. Councillor Davies re-iterated the points raised in his representations, as detailed within Appendix C to the report. In addition, Councillor Davies stated that he had been approached by residents who were concerned about alcohol related anti-social behaviour.  The town centre has a Public Space Protection Order (PSPO) in place which was being flouted. 

Councillor Davies reported that there had been a lot of problems with broken glass from alcohol bottles in the area.  He stated that he had no objections to the pubs and clubs in the area as alcohol sales and consumption took place within the premises. Furthermore, he had no problems with Asda and other stores outside of the town centre.  However, he raised that there was an issue with off sales in the Town Centre with one particular shop being the main cause.

Councillor Davies reported that there was one off-licence near the town park.  When there was a licence at this premises, it was a source of problems.

All parties were afforded the opportunity of questioning Councillor Davies on his representation.

The applicant’s agent responded on behalf of the applicant, who was present at the meeting, to the objection the local representation had made.  The applicants agent stated the shop had been in situ for 4 years and made reference to paragraph 10.15 of the Statutory guidance.  The applicant’s agent stated that his client understood the licensing objectives and would ensure that measures were in place including; detailed training records, refusal book and incident book.  Outside of premises would be kept clear and off-sales would be encouraged to be taken home to drink.  In addition, it was reported that his client had agreed to police licence conditions as stated in Appendix B.  The applicant resides in the area of the premises and understands the local residents concerns.

All parties were afforded the opportunity of questioning the applicant on the representations made.

In response to queries raised by Sub Committee Members, the applicants agent stated that the applicant would be happy to;

·       reduce terminal hours to 22.00 during week;

·       introduce measures to track alcohol sold;

• to display a notice advising customers of the Public Space Protection Order.  

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

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, having considered all the evidence before it, that the Sub Committee finds that the application should be granted as per the hours originally requested, subject to the licence conditions agreed with the police

REASONS:

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

1.     The premises is not itself located in a street identified in the Council’s Statement of Licensing Policy as a crime and disorder hotspot, but is close to streets that are.

2.     The police, in their representations, had not provided any evidence of a history of alcohol related crime and disorder at, or related to the premises

3.     The premises had previously been licensed to sell alcohol.

4.     None of the responsible authorities had objected to the granting of the application

5.      The applicants agreed to the additional licence conditions requested by the police.

The Sub Committee had attached weight to the views of the responsible authorities as it was legally obliged to do so.  That none of them object to the application must therefore weigh heavily on the committee.

The Sub Committee recognises 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, are not matters which they can properly take into account.

Having regard to the evidence presented, and relevant parts of statutory guidance and the council’s own statement of licensing policy, the committee is satisfied that to grant the application, subject to the additional licence conditions agreed between the applicant and police, would not undermine any of the licence objectives. The Sub Committee was further satisfied that those additional licence conditions were necessary to promote those objectives and a proportionate response to the issues identified by the local Councillors.