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 Public Health, Licensing Authority and Other Persons.

The Chair led round-table introductions and outlined the procedure to be followed. All parties confirmed that they understood the procedure.

Mrs Anita Chonk, Licensing and Compliance Officer, provided an outline of the application and confirmed that the premises was situated within a Cumulative Impact Zone (CIZ).

Mr Thomas Griffiths, Barrister, representing Veronica Nastase (Applicant), confirmed that the summary provided was accurate.

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 acknowledged that the premises was located within a CIZ and presented the following submission in response to the objections that had been made:

·         There would be 16 CCTV cameras covering all areas.

·         Alcohol would be stored in locked cabinets and chillers.

·         All customers would be vetted before alcohol sales were authorised.

·       A panic button with direct access to the police would be located under the cash desk.

·       The Applicant had mediated with the police and they no longer had concerns with the application.

·       Two members of staff would be present at all times and more would be deployed if necessary.

·         The proposed DPS and PLH intended to move to Wolverhampton.

·         Staff would be given refresher training on a quarterly basis.

·       The premises would primarily be used as a convenience store with the sale of petrol being merely an ancillary activity.

·         A night hatch would operate between 9-11pm.

·       Security would be deployed during weekends and busy periods if necessary.

·         There would be no promotion or special discounts for alcohol.

·         The premises would keep a refusals register.

·       The Applicant had previous experience in this field and was willing to mediate with all agencies.

·       The Applicant intended to employ a further member of staff that held a personal licence or alternatively would pay for a staff member to undertake the training.

The Chair afforded all parties present the opportunity to question Mr Griffiths in relation to his submission.

Mr Griffiths and Ms Nastase, responded to questions asked.

The Chair invited the Licensing Authority to make representations. Mrs Elaine Moreton did so as per Appendix 6. She confirmed however, that following Mr Griffith’s submission her concerns had been addressed and she no longer objected to the application.

The Chair afforded all parties present the opportunity to question the Licensing Authority in relation to its submission. No questions were asked.

The Chair invited Public Health to make representations.

Parpinder Singh, Senior Public Health Specialist, and Jamie Annakin, Principal Public Health Specialist, did so as per Appendix 7 of the report.

The Chair afforded all parties present the opportunity to question Public Health on its submission. Parpinder Singh and Jamie Annakin provided responses to questions asked.

The Chair invited Other Persons to make representation.

Councillor Jas Dehar did so as per Appendix 5 of the report. She stated that another outlet selling alcohol would add to the levels of anti-social behaviour within the area and cause further disruption for local residents.

The Chair afforded all parties present the opportunity to question Councillor Dehar on her submission. Councillor Dehar provided responses to questions asked.

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

All parties present made a final statement.

All interested parties, with the exception of the Solicitor and the Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

All interested parties were invited back to the meeting and the Chair advised them of the decision of the Sub-Committee, which was read out by the Solicitor.

Resolved:

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

The Sub-Committee had considered the written and spoken representations from the Applicant, West Midlands Police, the Licensing Authority as Responsible Authority and Public Health in relation to the Cumulative Impact Policy and relevant Licensing Objectives, and from Councillor Dehar in relation to the street drinking in her ward. The Licensing Authority and Public Health had confirmed that the application was for a premises in a CIZ.

The Sub-Committee heard from the Applicant and West Midlands Police within their submissions that they had mediated and agreed two further conditions to be 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.

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.

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 Statutory Licensing Sub-Committee’s decision was to grant a two year 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 were 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 have 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