Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application received for the grant of a new Premises Licence in respect of premises to be known as Vickys General Store at 5 Garton Road, Burmantofts

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the written submissions before them relating to an application for the grant of a Premises Licence in respect of “Vicky’s General Store, 5 Garton Road, Burmantofts.

Representations had been submitted by a number of members of the public – 84 in objection and 74 in support. The following members of the public who had objected to the application attended the hearing: Mr G Chand, Miss S Chand and Mrs M Driffield along with local ward Councillor R Brett who attended as an observer. Miss S Covell also attended at the request of Ms S Chand, S Patterson, J Ibbetson and L Webster to make representation on their behalf.

Mr N Bedi, Miss S Bedi and Mrs M Kaur attended the hearing in support of the applicant. Not all of the members of the public attended the hearing and the Sub Committee resolved to take their written representations into account and to proceed in their absence

At the start of the hearing, the Sub Committee dealt with preliminary matters.

Withdrawal of objections

-  Members noted receipt of a schedule of names of people stating their withdrawal of their previous objection submitted by the applicant on 1 October 2010

-  Documents submitted by the applicant on the morning of the hearing included further signed statements from members of the public withdrawing their previous objections. This bundle also contained 2 letters from Mr N Myland and Mr I Myland regarding the circumstances of Mr N Myland’s initial objection which caused Members concern.

The Sub Committee varied normal procedure to allow the content of the letters to be read to the meeting. Mr N Bedi was then called to explain the circumstances of his discussions with Mr I and Mr N Myland. Miss Roth then addressed the hearing with regard to the validity of the letters. Mr G Chand was then afforded the opportunity to respond. Miss S Chand and Mrs Driffield also responded regarding the letters of objection.

The Sub Committee adjourned the hearing at this point to consider the matter of the number of objections and withdrawals; the weight of the evidence and to allow the applicant time to seek telephone validation of the letters from Mr I and Mr N Myland.

On recommencement, Miss Roth reported that she had spoken to Mr N Myland and she had obtained verbal validation from him of the contents of his letter as being true. Miss Roth indicated that she did not seek to adjourn the hearing for Mr Myland to attend. On hearing this, the Sub Committee resolved to continue and stated they would proceed on the basis of the application before them, noting that the 12 withdrawn objections resulted in there being 72 members of the public objecting and 74 supporting the application.

The hearing resumed and the Sub Committee heard from Miss S Covell, co-opted member of the local area committee on behalf of 4 residents who had submitted an objection to the application. She stated the application had been discussed at the Richmond Hill Forum where she was approached by a number of concerned residents. Miss Covell reported on the anti-social behaviour already experienced in the Garton area close to the shop and said residents felt the freer availability of alcohol would exacerbate this. The shop was close to a park and there was concern that persons would consume alcohol there. She added that the area was not covered by any CCTV which could record incidents of asb or disorder. Members noted that West Yorkshire Police had not submitted a representation. Miss Covell responded the matter had been discussed with WYP who had indicated they would make a representation.

Mr G Chand addressed the meeting and reiterated locals’ concerns regarding anti-social behaviour, crime in the locality and the increased possibility of people drinking on the street.

The Sub Committee then heard from Miss Roth, solicitor for the applicants – Mr & Mrs Syan who were in attendance. Miss Roth addressed the objections received from local residents and confirmed that no representations had been received from the Responsible Authorities. She outlined the experience Mr & Mrs Syan had in the off-licence trade and their proposed management of this premises which they intended to close at 21:00 hours every night. Miss Roth tabled a copy of the applicants own “Age Restricted Sales Policy” and stated the applicants would accept the measures within it as conditions on the Premises Licence should it be granted.

After careful consideration; and being mindful that no representations had been submitted by the Responsible Authorities and that there were no reports of any incidents associated with the premises; the Sub Committee felt that it was possible to grant the licence without detriment to the licensing objectives.

RESOLVED – That the application be granted

Supply of alcohol (for consumption off the premises

Sunday to Saturday  08:00 to 21:00 hours

·  The Sub Committee decided those measures contained within the Age Restricted Sales Policy Document tabled at the meeting by the applicant were necessary and proportionate and they shall be placed on the Premises Licence as conditions