Agenda item

To consider the attached report for a new premises licence.

The three Councillors that presided over this item were Councillors P Keska (Chairman), L Mead and D Stocker. The Chairman introduced the Members and Officers present. The Chairman welcomed the participants to the Sub-Committee. In attendance for the application were the applicant, Mr G Sarwar, and his agent Mr A Newman. Councillor J Share-Bernia was present as an objector.

a)            Application before the Sub-Committee

The Licensing Compliance Officer, H Gould, informed the Sub-Committee that an application has been made by Golam Sarwar of Sarwar Trading Ltd for a new premises licence at the Post Office, 7 Queens Road, Buckhurst Hill, Essex, IG9 5BZ.

The application was for a new Premises Licence at this Post Office and convenience store which offered greeting cards, stationary, confectionary and soft drinks.

They sought to include the Sale of Alcohol for consumption off the premises from Monday – Saturday between 09:00 hrs and 19:00 hrs. for which the premises opening hours were the same.

The application was initially received on the 19th August 2020, however the publishing of the notice in a local newspaper within 10 working days of the start of the application, was not met. For this reason, the consultation period had been restarted on the 8th September 2020.

The Operating Schedule set out conditions which would be attached to the licence, if this application was granted. 

The Responsible Authorities had received a copy of the application. It was also advertised at the premises and in a local newspaper.

All residences and businesses within 150 meters radius of the premises had been individually consulted.

The authority had received two representations both from local Councillors.

Responses had also been received from Public Health, Environmental Health, Essex Police, Trading Standards and Essex County Fire & Rescue Service, who had made no objections. 

b)            Presentation of the Application

The Applicants Agent, Mr Newman, stated that the applicant had made this application in order to help the business survive. The fact that other premises in the area also sold alcohol was completely irrelevant. None of the responsible authorities had made any representations and little or no credible representations had been made. Mr Newman then went through the relevant laws covering an application like this and some relevant case law.

c)            Questions for the Applicant from the Sub-Committee

The Sub-Committee had no questions for the applicant.

d)         Questions for the Applicant from the Objectors

The objector had no questions for the applicant.

e)            Presentation from the Objector

The objector, Councillor J Share-Bernia, explained that she was a Town and District Councillor who also lived near the shop. She wondered if there would be room in there to sell the alcohol as it was a small shop. She felt that Queens Road was saturated with premises selling alcohol and this would result in anti-social behaviour and vandalism, she noted that the nearby play areas had been vandalised and that it would cost the taxpayer to put it right. As local councillors they received reports of anti-social behaviour in the park and the nearby road tunnel.

The Council’s Legal officer stated that the Council did not have a cumulative impact policy and that each case be treated on its own merits. When raising an objection under the licensing objectives, speculation was not enough, you needed evidence to back up the objection showing that it relates to the premises in question.

f)          Questions for the Objector from the Sub-Committee

The Sub-Committee had no questions for the objector.

g)         Questions for the Objector from the Applicant

Mr Newman noted that no evidence had been produced, there was a complete lack of evidence and even the Police had not made a representation on this application.

h)         Closing Statement from the Objector

Councillor J Share-Bernia commented that they were like a village in Buckhurst Hill and that the Queens Road was saturated with off sales premises.

i)          Closing Statement from the Applicant

The applicant Agent finished by saying that this was not a cumulative zone and that the applicant was a responsible owner and a postmaster who lived on the premises.

j)          Consideration of the Application by the Sub-Committee

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application. Therefore, the webcast was stopped and would resume when the private session was completed.

During their deliberations the Sub-Committee received no further advice from the Legal Officer present. The Sub-Committee considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

RESOLVED:

The decision of the sub-committee was that the application for a premises licence in respect of the Post Office, 7 Queens Road, Buckhurst Hill, Essex, IG9 5BZ, be granted subject to the following conditions which they considered were reasonable and proportionate for the promotion of the licensing objectives:

1.            The conditions which are consistent with the Operating Schedule and will not undermine the licensing objectives.

2.            Also attached are the mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003.

The applicants and the objectors are reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.