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 premises licence under the Licensing Act 2003 for 10 Richardson Road, Stockton-on-Tees TS18 3LH to which there had been representations from responsible authorities, local Ward Councillor and residents.

 

 The application was for the supply of alcohol, off sales:

 

• Monday to Sunday 06:00 – 23:00

 

• opening times of Mondy to Sunday 06:00 – 23:00.

 

Representation had been received from the Licensing Authority, Cleveland Police, Environmental Health, Public Health and Community Safety all details of which were contained within the main report.

 

Representations had also been received from local residents and Ward Councillor Shakeel Hussain, all details of which were contained within the main report.

 

Since the original report Members were presented with additional information from the applicants representative JL Licensing, in response to representations made, and agreed to reduce the alcohol supply hours as follows:

 

Monday to Friday 09:00 – 22:00.

 

In addition, an updated operating schedule was submitted which

included the licence conditions proposed by the police. A copy of the updated operating schedule was contained within the additional information document.

 

Based on the reduction in hours and the updated operating schedule the police, licensing authority, public health, and environmental health formally withdrew their representations against the application.

 

Following the submission of the reduced hours of alcohol sales and updated operating schedule further supporting information for the hearing was received from JL Licensing, consisting of “examples/samples of the types of due diligence records that would be used at the premises”.

 

Copies of letters sent to “Community Safety, Councillor Hussain and an open letter to

residents were received from JL Licensing which were accessible via the Councils website .

 

There were also copies of email exchanges between Community Safety and the applicant via his representative full details of which were contained within additional documentation.

 

The Applicant, Alaimagan Thangarajah and his representative Mike Thorpe were in attendance and were given the opportunity to make representation.

 

Members of the public and Ward Councillor Shakeel Hussain were in attendance and were given the opportunity to make representation.

 

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 Members of the Committee and to all persons that had made representation including the additional information prior to the meeting.

 

The Licensing Team Leader presented the report and the additional information to the Statutory Licensing Sub-Committee.

 

Mike Thorpe on behalf of the applicant for 10 Richardson Road, Stockton on Tees presented the application to the Statutory Licensing Sub-Committee.

 

The main topics discussed were as follows:

 

- It was explained that the applicant wished to bring an empty commercial shop into use as a general store with the possibility of a Post-Office.

 

- The premises would not be an off-licence as had been suggested by some of the objectors as an off-licence would be considered a specialised shop and this was a convenience store.

 

- Most convenience stores sold alcohol.

 

 

- The application had been amended to adhere to Stockton Licensing Authorities policy framework.

 

- The applicant was an experienced retailer with over 21 years’ experience in retail management across 10 shops around the country.

 

- The applicant currently had 2 shops, located in Milton Keynes and South Shields. The applicant had recently relocated to South Shields.

 

- The applicant had purchased the freehold of the property at Richardson Road showing his commitment to the area.

 

- The applicant had been a Premise Licence Holder(PLH) and Designated Premises Supervisor(DPS) since 2011 and had a clean record.

 

- The application included a comprehensive operating schedule following mediation with Cleveland Police, full details of which were contained within the additional information. The amended operating schedule was evidence that the applicant would withhold the licensing objectives and if ignored the agreed conditions would be enforceable, and the applicant could find himself back at Committee with his licence under review.

 

- Following the submission of the amended operating schedule the Licensing Authority, Cleveland Police, Environmental Health and Public Health withdrew their objections

 

- The applicants agent expressed that following the resubmission of the operating schedule objectors’ concerns should have been addressed. Many of the objectors’ concerns related to planning considerations and therefore were not relevant at the hearing.

 

- The applicant was concerned about future customer concerns, which had been taken seriously and which he felt he could satisfy hence the amended application.

 

- There were no grounds for refusal, and the application should be granted.

 

Members were given the opportunity to ask questions of the applicant which could be summarised as follows:

 

- Questions were raised relating to whether the applicant was a trained postmaster. The applicant confirmed that his sister in-law was already trained, and they were currently in the process of completing the application for a Post-Office to operate in the premises with his sister in-law as postmaster.

 

- The applicant was asked how hands on he would be at the application site, Richardson Road. The applicant confirmed that he would be the PLH and DPS. The applicant had already identified a proposed manager who was at the hearing observing and once the shop was established and operating well the applicant would transfer the DPS to the Manager, however the applicant would remain the PLH.

 

- Brief discussion was had around current local issues such as Anti-Social Behaviour, crime etc and whether the applicant would understand them as he had not lived in the area. The applicant’s agent explained that the current issues in the area were not unique to Stockton, however the applicant would assist in any way he could to help the situation improve which he had already proven with his set of robust conditions should the application be granted. If there were to be any problems linked to the premises, then the application would be open for review.

 

Ward Councillor Shakeel Hussain and Members of the public were in attendance and were given the opportunity to make representation  / ask questions.

 

The main topics discussed were as follows:

 

- Clarity was sought in terms of the transfer of the DPS licence once the shop was established. The applicant’s agent explained that although the DPS licence would be transferred the applicant would remain as the PLH, and he would therefore still be legally responsible for the premises, and should any conditions be breached, there would be a risk to losing their licence to sell alcohol.

 

- It was felt that there had been a lack of consultation with residents, however the Licensing Team Leader explained to the Committee that the correct legal procedure had been carried out, and the application had been made properly.

 

- Concerns were raised relating to the sale of alcohol near a children’s nursery.

 

- Residents highlighted issues they faced from Anti-Social Behaviour and explained that sex workers and alcoholics were prevalent in the area.

 

A representative from Stockton Councils Community Safety team submitted his representation to the Statutory Licensing Sub Committee in support of the Licensing Authority’s original application. Additional information was also submitted following the submission of the applicants updated application / operating schedule, which, with the agreement of the Chair was read out at the hearing. Full details of both statements could be found on the Councils website.

 

- The applicant’s representative from JL Licensing informed the Committee that he had visited the application site on the previous evening and was surprised how nice the area looked. He explained that he did not encounter many people and neither did he encounter any sex workers. The applicant’s representative also pointed out that he could not see how the opening of a shop could create an issue with sex workers and that he had not come across this issue before at a licensing meeting. The applicant’s representative also did not think it was fair that the Community Safety representative would be happy if the sale of alcohol finished at 19:00 hours when other convenience stores could sell alcohol until 22:00 hours, in addition the Statutory Licensing Sub Committee had recently approved a variation for a store on Yarm Lane from 22:00 hours to 23:00 hours which was outside of the Councils licensing policy.

 

- The Councils Community Safety representative highlighted that a lot of work had been undertaken in the area where the application site was to safeguard local residents from the issues that had been highlighted relating to Anti-Social Behaviour, sex workers and alcoholics and therefore did want anything to undermine that. In terms of the variation application on Yarm Lane this shop was not part of the operation the Community Safety team were involved in.

 

- Ward Councillor Shakeel Hussain felt that another convenience store selling alcohol within the vicinity of the application site would increase the opportunity for public drinking and Anti-Social Behaviour, as well as encouraging late night activity, noise, and littering. Concerns were also highlighted relating to public risk to young and vulnerable people and that there would be a risk to the protection of children from harm as the application site was close to a children’s nursery and school.

 

- Councillor Hussain also questioned the applicant’s knowledge of the area and its problems without having lived there. Should the application gain approval this would impact negatively on residents’ lives. One night walking along Yarm Road and Yarm Lane did not allow someone to know the area. Some of the residents at the hearing today had lived close to the application site for more than 40 years and as a community were trying to lift themselves up. Another shop selling alcohol was not needed or wanted. The area was improving, and residents did not want anything to undermine the good work that had been undertaken so far.

 

- Discussion was had relating to the fact that the shop would not sell high strength single beers and ciders and whether this would ease residents’ concerns. Councillor Hussain’s mind was not put at rest, he felt that although many conditions had been included in the operating schedule, it would come down to enforcement and there was no guarantee this would happen.

 

- Attention was drawn to the fact that the applicant was now proposing the possibility of a Post Office which had not been mentioned before and was not guaranteed.

 

- A local landlord, who spoke on behalf of a local resident stated that the application site was an area of selective licensing. One ground that led to the designation was low housing demand, because of crime, public nuisance, and all the problems highlighted today. What was the point in the Council going to all that trouble, with associated costs and expense, then grant a further licence for alcohol. The application site would become a hub of activity, disorder, nuisance and noise, drawing people to that particular location.

 

- Brief discussion was had around the refusals policy and whether this included refusing to serve anyone under the influence of drugs.

 

The applicant’s representative was given the opportunity to make a closing statement.

 

The Sub-Committee considered all the papers before them and listened carefully to everything that had been said. The Statutory Licensing Sub Committee expressed they had a lot of sympathy for the residents and understood their concerns.

 

The Sub-Committee determined that the premises licence should be granted with all the proposed conditions in place, which they believed would uphold the licensing objectives. Members assured residents that any breaches of the conditions would be dealt with in the appropriate way.

 

RESOLVED that the application for grant of a Premises Licence for  Richardson Road Convenience Store – 10 Richardson Road, Stockton-On-Tees, TS18 3LH with all proposed conditions be granted for the reasons as detailed above.