Agenda and draft minutes

There were no apologies for absence.

There were no declarations of interest.

[To consider the application]

In attendance

For the premises

Lord Kultar Deol - applicant

William Dudley – counsel

Sukhi Grewal – interest party supporting application

Responsible Authorities

Elaine Moreton – Licensing Authority

Inspector Jake Flanagan – West Midlands Police

Other Persons

Councillor Craig Collingswood – Ward Councillor on behalf of local residents

The Chair introduced the parties and outlined the procedure to be followed at the hearing. 

Rob Edge, Section Leader (Licensing) outlined the application contained within the report circulated to all parties prior to the meeting.

At this juncture William Dudley outlined the application for a premises licence, advising that it was to add to the existing convenience store within a building owned by the applicant and extensively refurbished to provide commercial premises for local businesses and residential apartments.  He indicated that the store was aimed at families and young professionals. 

Responding to questions, Mr Dudley stated that there were no plans to extend the licensable hours from those agreed with the Responsible Authorities.  He added that the applicant, as Premises Licence Holder, would oversee the premises to ensure that the licensing objectives were promoted. A CCTV system was installed and the applicant would ensure that a member of staff would be trained to access and download the system when requested. 

At this juncture, Inspector Flanagan presented the position of the West Midlands Police, indicating that the issues of concern raised in respect of the initial application had now been addressed via mediation and the police no longer had any objections to the premises licence application. However, the police would be pursuing the possibility of the Chapel Ash area becoming a Cumulative Impact Zone. 

Elaine Moreton, on behalf of the Licensing Authority, advised that a number of conditions had been agreed via the mediation process with greater detail added to the operating schedule. The areas of concern had therefore been addressed by the applicant.

At this juncture Councillor Collingswood outlined representations on behalf of local residents.  He indicated that he welcomed and supported the development, and the concerns of residents related to on-going anti-social behaviour in Chapel Ash and along the Tettenhall Road. He believed that an additional licensed premise would not assist in reducing the alcohol fuelled, anti-social behaviour in the area.  He answered questions raised by other parties in regard to the concerns of residents which related to the current number of premises already in the area selling alcohol and the subsequent anti-social behaviour in the area. It was acknowledged that the premises, should the licence be granted, would be subject to possible review if they did not promote the licensing objectives.

On a point of clarification, the Section Leader (Licensing) advised that the Section 182 guidance provided an expectation that applicants would obtain sufficient knowledge of the area in which a premises was situated to enable them to demonstrate the steps they propose to take to promote the licensing objectives.

Mrs Grewal had submitted a letter in support of the application and used the premises as, with the current exception  ...  view the full minutes text for item 3.

To pass the following resolution:

That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

Resolved:

            That, in accordance with Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of Schedule 12A to the Act relating to the business affairs of particular persons.

The Sub-Committee discussed the issues which had been raised during consideration of the application.

The parties returned to the meeting and were advised of the Sub-Committee’s decision as follows:

The Sub-Committee has taken note of all the written concerns raised in respect of Merridale Supermarket, Clifton House, Merridale Road, Wolverhampton and has listened to those who have spoken at this hearing, both for and against the application.

The applicant outlined the application for a premises licence.  There is a presumption that the licence will be granted.  The applicant pointed out that problems with anti-social behaviour already exist and the premises are currently not in possession of a premises licence.

The Sub-Committee has heard from the West Midlands Police that previous concerns with these premises have been eliminated following mediation between them and the applicant, which has resulted in proposed conditions to be added to the operating schedule.  These premises are not located within a Cumulative Impact Zone and do not currently have a premises licence, yet problems with anti-social behaviour already exist.

The Sub-Committee has heard from the Licensing Authority, as Responsible Authority, that previous concerns about this application relating to the provision of insufficient information within the application have been addressed through mediation and with the addition of proposed conditions to be added to the licence should it be granted.

The Licensing Sub-Committee has heard from Councillor Collingswood, who has submitted a relevant representation and also represents other persons, that there are problems of anti-social behaviour in this area and he believes that granting another licence would be detrimental. He does accept however that there is no direct link between the premises and the anti-social behaviour.

The Sub-Committee is satisfied that:

1. the premises are not located within a Cumulative Impact Zone and therefore there is a presumption that the licence will be granted;
2. it is for those making relevant representations  to prove/provide evidence that the premises currently add to the anti-social behaviour, and
3. the Sub-Committee is satisfied that there is no evidence that the premises are currently adding to or causing the anti-social behaviour and by adding the agreed proposed conditions to the operating schedule the licensing objectives will be promoted.

Having considered the views of all concerned, the Sub-Committee has therefore decided that the application for a premises licence should be granted as applied for, subject to the following conditions:

Conditions agreed between the Licensing Authority (as Responsible Authority) and the applicant dated 13 November 2015 under the prevention of crime and disorder licensing objective

Section 18(b) 2 replaced in its entirety with the following:

• No sale of single cans/bottles of beer, cider or lager with an ABV of 6.5% volume or above to be sold.

The following to be added to Section 18(b):

• A Personal Licence Holder must be present at the premises at all times that licensable activities take place.
• A Designated Public Place Order (DPPO) notice, provided by the Licensing Authority, shall be displayed prominently on the premises, visible from outside the store, advising that the police have powers to seize alcohol.

Conditions agreed between the West Midlands Police and the applicant dated 27 October 2015

Prevention of crime and disorder licensing objective [Section  ...  view the full minutes text for item 7.