Agenda item

Members of the Statutory Licensing Sub Committee of the Council’s Statutory Licensing Committee were asked to consider an application for Grant of a Premise Licence for Akshayan Convenience Store – 13 Rochester Road, Stockton on Tees.

 

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

 

A copy of the report and supporting documents had been provided to all persons present and to Members of the Committee. All parties present were given the opportunity to make representation.

 

Members of the Statutory Licensing Sub Committee of the Council’s Statutory Licensing Committee considered the above application, full details of which appeared before Members in their committee papers.

 

The Committee noted that the application was for the grant of a Premises Licence as detailed in the application appended to the Committee report.

 

Mr Shan who was representing Mr Rajaruban was given the opportunity to explain to the Committee that he himself was experienced in running fuel stations and convenience stores across the UK since becoming a retailer in 1999. The Committee understood that Mr Shan was Mr Rajaruban’s previous employer and that was why he was representing him today.

 

Mr Shan informed Members that Mr Rajaruban had worked at fuel stations for seven years and had never experienced any issues. Mr Shan expressed Mr Rajaruban’s wished to engage with the community and protect children from alcohol and age restricted products, as he was a family man with three young boys himself.

 

Mr Shan assured the Committee that Mr Rajaruban had always complied with the requirements of the relevant legislation and policies and would be a responsible retailer. Mr Shan informed the Committee that in the premises that Mr Rajaruban had worked at, he had never failed a test purchase in relation to the sale of alcohol or other age restricted products.

 

Mr Shan advised the Committee that an extensive list of conditions had been agreed with Cleveland Police, which demonstrated that the premises would be run in a responsible manner and would not undermine the licensing objectives. The premises had an extensive CCTV system including audio recording and would operate a Challenge 25 policy to ensure that there were no underage sales of alcohol.

 

In response to the Committee’s questions, Mr Shan confirmed that he was not in any way connected with the business and was simply supporting Mr Rajaruban as his representative and friend.

 

Mr Shan told the Committee that Mr Rajaruban did not take the law lightly and was a fit and capable person to hold a licence.

 

Mr Shan confirmed to the Committee that Mr Rajaruban wished to amend his application in order that the hours for the supply of alcohol was from 9:00 hours until 22:00 hours Monday to Sunday in line with the Council’s Licensing Policy.

 

Councillors were given an opportunity to ask questions of the applicant.

 

The Committee read and had regard to a representation received from a resident who lived nearby and who wished to object to the application. The representee listed his own, plus an additional twelve addresses on Rochester Road. The Committee noted that residents’ names were not provided, nor their individual concerns.

 

The representation stated that the premises’ alcohol licence was revoked approximately five years ago due to underage selling, littering, violence in the street, vehicle noise and the sale of illegal drugs. The Committee read that the representee expressed that this was a quiet neighbourhood where the elderly and young families lived, and that residents did not wish for those issues to return.

 

The Committee were unable to ask questions of the representee, as he did not attend the hearing.

 

All parties present, were given an opportunity to sum up their case with the applicant invited to speak last.

 

Members had regard to the Committee papers, which had been circulated prior to the hearing and presented to them, in addition to the oral submissions made by the applicant, his representative and the licensing officer.

 

Having carefully considered those matters brought before them and in reaching their decision, the Members had full regard to both the provisions of the Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006), the Guidance Issued under Section 182 of the Licensing Act 2003 (as amended) and the Council’s Licensing Policy.

 

The Committee noted that the residents who had objected to the application were concerned at the potential for an increase in crime and anti-social behaviour. The Committee also noted that they must consider this application for a grant of the premises licence on its merits. The Committee were mindful that an application could not be refused based solely on residents’ concerns.

 

The Committee noted that an extensive list of conditions had been agreed with Cleveland Police, which demonstrated that the premises would be run in a responsible manner and would not undermine the licensing objectives. In the Committee’s view, these conditions also addressed some of the concerns which had been expressed by the residents who had objected to the application.

 

These conditions were:-

 

• A “Challenge 25” policy will be implemented with all staff insisting on evidence of age from any person appearing to be under 25 years of age and who is attempting to buy alcohol. There shall be notices displayed at all points of sale and at all entrances and exits to inform customers and remind staff that the premises are operating a “Challenge 25” policy.

 

• Only valid passports, UK “photo card style” driving licence, PASS approved proof-of-age cards or Ministry of Defence “Form 90” identification cards shall be accepted as proof of age.

 

• All staff will be fully trained in relation to the laws relating to the sale of alcohol to underage persons, persons buying on behalf of under 18’s (proxy sales) persons appearing to be under the influence of alcohol and also the operation of the associated “Challenge 25” policy. Staff will receive refresher training at least every 6 months.

 

• Training records signed by both the staff member and the Designated Premises Supervisor/Store Manager/Business Owner will be retained for future reference and shall be updated at least every 6 months. All staff training records will be made available to the Licensing Authority and/or Responsible Authorities upon request.

 

• There will be a minimum of two notices displayed on the premises indicating that the sale of alcohol to those under the age of 18 is illegal and that those adults who buy alcohol for immediate disposal to those under the age of 18 are committing an offence.

 

• A digital Closed Circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped. The system will incorporate sufficient built-in hard-drive capacity to suit the number of cameras installed, whilst complying with Data Protection legislation.

 

• CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition. Cameras will encompass all ingress and egress to the premises, outside areas and all areas where the sale/supply of alcohol occurs.

 

• There will be a minimum of 28 days recording. The system will record for 24 hours a day.

 

• The system will incorporate a means of transferring images from the hard-drive to a format that can be played back on any desktop computer. The digital recorder will have the facility to be password protected to prevent unauthorised access, tampering, or deletion of images.

 

• There will be at all times a member of staff who is trained in the use of the equipment and upon receipt of a request for footage from a governing body, such as Cleveland Police or any other Responsible Authority, be able to produce the footage within a reasonable time, e.g. 24 hours, or less if urgently required for investigation of serious crime.

 

•The business will maintain a refusals book to record all instances where the sale of alcohol has been refused. This shall include the date and time of the attempted sale, together with a description of the incident. The Designated Premises Supervisor/Store Manager/Business Owner will check and sign each page and the refusals book will be made available to the Licensing Authority and/or Responsible Authorities upon request.

 

• The business will maintain an incident book to record all instances where the staff deal with people who have been unruly, drunk, abusive, and aggressive or have committed criminal acts or have had to call police for such incidents. This shall include the date and time of the incident, together with a description of the incident and whether the police were called/attended. The Designated Premises Supervisor/store Manager/Business Owner will check and sign each page and the incident book will be made available to the Licensing Authority and/or Responsible Authorities upon request.

 

• No beer, lager or cider of 6.5% ABD (alcohol by volume) or above shall be sold at any time.

 

•,The Premises will not sell any single cans of lager, beer or cider.

 

The Committee were satisfied that the applicant understood his responsibilities and would operate the premises in a responsible manner.

 

After considering all of the evidence and representations, the Committee were of the view that the application could be granted subject to the amended hours as confirmed by the applicant.

 

The Committee granted the application with the following hours:-

 

Supply of alcohol

Monday 9:00am to 10:00pm

Tuesday 9:00am to 10:00pm

Wednesday 9:00am to 10:00pm

Thursday 9:00am to 10:00pm

Friday 9:00am to 10:00pm

Saturday 9:00am to 10:00pm

Sunday 9:00am to 10:00pm

 

The Committee agreed to attach the conditions to the licence that had been agreed between the Applicant and Cleveland Police.

 

RESOLVED that the application for grant of a Premise Licence for Akshayan Convenience Store – 13 Rochester Road, Stockton on Tees, be granted for the reasons and with the conditions as detailed above.