The report of the Director of Planning, Building Control and Licensing is enclosed.

The Chair had agreed to the inclusion of this application as an item of urgent business.

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding a Premises Licence Variation.

The Hearing Panel considered the written papers and oral representations of all parties, as well as the relevant legislation and guidance.

The applicant addressed the Hearing Panel, stating that they were seeking an extension to their hours from 23.00 to 01.00. The applicant noted they had agreed conditions with GMP, that they would close the shop and only service from a hatch after 23.00.

A representative from Licensing Out of Hours (LOOH) sought to establish further information on the applicant’s knowledge of the licensing objectives, how they would uphold the licensing objectives, the serving hatch and the public space protection order. The applicant listed what they thought were the licensing objectives, however LOOH informed the applicant that they were incorrect. In upholding the licensing objectives, the applicant stated that they would only serve from a hatch during these extended hours, they would not serve underage customers and would discourage street drinking. The applicant had not consulted the planning department about the hatch as they were awaiting the outcome of this hearing. The applicant was unsure about the public space protection order.

The Panel asked the applicant to clarify how long they had held the license. The applicant confirmed it had been over 20 years.

LOOH then addressed the Hearing Panel, stating that this application had given no consideration to the local area. LOOH stressed the impact of street drinking in the area, stating this application would only exacerbate the problem. Between October and December 2021, there was 10 planned operations in this area to tackle Anti-Social Behaviour. In the application, LOOH felt a lack of responsibility was being shown in relying on door staff from other premises to help with security.

In summing up, LOOH stated they had heard nothing to alleviate their concerns. The original application did not consider the four licensing conditions or the local area. LOOH felt the hatch was only suggested so the shop did not have to deal with customers inside the premises. LOOH stated that there was little the premises could do to stop street drinking and anti-social behaviour once customers had left the hatch.

In summing up, the applicant stated they have had no problems at the shop in the past. They do not sell strong beers and do not sell bottles after a certain hour.

In their deliberations, the Hearing Panel had concerns about the applicant’s lack of knowledge of the four licensing objectives. They were not satisfied that the application contained any conditions to uphold these objectives.

Decision

To refuse the application.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel were informed that the application had been withdrawn prior to the hearing and therefore no decision was necessary.