Agenda item

An application for a Premises Licence in respect of The Blakenhall Service Station, 327 Dudley Road, Wolverhampton, WV2 3JY was considered following representations received from Other Persons.

The Chair welcomed all parties to the hearing and invited all those present to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.

Elizabeth Gregg, Senior Licensing and Compliance Officer, provided an outline of the application. Mr Thomas Griffiths, Barrister representing the Applicant, confirmed that the summary was accurate.

Dave Abel, Solicitor for the Sub-Committee, sought clarification on Mr Ronjit Jangra’s position, as the Applicant according to the paperwork, was Davinder Talwar.

In response to this, Mr Jangra confirmed that he was the Business Owner and Director.

The Chair invited the Applicant to present the application. Mr Thomas Griffiths, Barrister representing the Applicant, did so as per Appendix 1 of the report. He stated that the application had been properly made and that his client suspected that the objection had been received from a disgruntled ex-employee.

He further stated that whilst having a premises licence for the last two years, there had been no issues at the premises and no other objections had been received.

He explained why his client wanted some of the licence conditions removed but stated that his client was happy for them to remain should the Sub-Committee wish so.

The Chair afforded all parties present the opportunity to question Mr Griffiths and his client in relation to his submission. Mr Griffiths and his client responded to questions asked.

Dave Abel, Solicitor, advised Members that as those making the representations were not all in attendance only their written representations could be considered.

The Chair invited all parties present to make their final address.

Mr Griffiths did so.

Councillor Page, Councillor Dalton, Councillor Inston, the Solicitor and Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

The Sub-Committee adjourned at 10.25 hours.

The Hearing reconvened at 10.43 hours.

Councillor Page, Councillor Dalton, Councillor Inston, the Solicitor and Democratic Services Officer re-joined the meeting.

The Chair advised all parties of the decision of the Sub-Committee, which was read out by the Solicitor.

Resolved:

The Statutory Licensing Sub-Committee had taken note of all written concerns raised in respect of the application for a new premises licence for The Blakenhall Service Station, 327 Dudley Road, Wolverhampton, WV2 3JY. They listened to the arguments of those who have spoken at the hearing.

The Sub-Committee considered the written and spoken representations from the Applicant, and from the Licensing Authority as Responsible Authority in relation to the Cumulative Impact Policy and relevant Licensing Objectives. The Licensing Authority had confirmed that the application was for a premises in a Cumulative Impact Zone (CIZ).

The Sub-Committee heard from the Applicant within their submissions that they wished to have two further conditions previously included on the licence, namely a restriction on the strength of beer, cider or lager sold to a maximum ABV of 6.5% and a restriction on the sale of any single cans of beer, cider or lager removed.

The Sub-Committee were satisfied that the premises would primarily be used as a convenience store with the sale of petrol being merely an ancillary activity.

The Sub-Committee were satisfied that the Cumulative Impact policy applied to these premises and that therefore there was a rebuttable presumption of non-grant.

The Sub-Committee considered the written representation from a resident regarding the correctness of the advertising of the Statutory Advertising Notices and found that the application had been correctly made and advertised.

In considering all of the submissions and all of the circumstances of the application, the legislation and the s182 guidance, the Sub-Committee were satisfied that the Applicant had rebutted the presumption of non-grant through its proposed operating schedule and the proposed conditions and those set out below.

The Licensing Sub-Committee’s decision was to grant a licence pursuant to the application as applied for, subject to the below amendments as conditions to the licence:

1. The supply of alcohol shall only take place between the hours of 11:00 and 23:00 hours;
2. The premises shall undertake regular risk assessments (no less than once every 3 months) as to the need for the provision and employment of SIA regulated door staff on Friday, Saturday and Sunday evenings between the hours of 21:00 – 23:00 hours and will deploy them if the risk assessment deems this necessary;
3. A restriction on the strength of beer, cider or lager sold to a maximum ABV of 6.5%; and
4. A restriction on the sale of cans of beer, cider or lager otherwise than in a multipack (minimum of four cans.)

It was considered by the Sub-Committee that the aforementioned conditions should be attached in support of the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm Licensing Objectives.

Finally, such conditions as are specified on/or are consistent with the Operating Schedule would be attached to the Licence, together with any mandatory conditions as required by the Licensing Act.

All parties had a right of appeal to the Magistrates Court within 21 days of receipt of the decision.

A copy of the written decision would be forwarded to all parties.