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In reaching its decision, the
Licensing Sub-Committee (“LSC”) considered the
Council’s Statement of Licensing Policy, the Licensing Act
2003, the Regulations made there under, and the Guidance issued by
the Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm.
 
Having considered all written
representations, evidence, and oral submissions, the LSC resolved
to grant the variation of the premises licence for the sale of
alcohol from midnight to 6am each day.
 
Basis
of Decision
 
The LSC gave due weight to
there being no representations from the police or environmental
health or any other Responsible Authority to the variation of the
premises licence to permit sale of alcohol from midnight to 6am
daily which would enable sale of alcohol 24 hours daily from the
premises.
 
The LSC noted and gave due
weight to the premises trading 24 hours daily and the permitted
provision of late night refreshment between 11pm to 5am the next
day, again on a daily basis.
 
The LSC noted and had regard to
the absence of any information or evidence of public nuisance or
crime and disorder associated with the premises.
 
The LSC noted that the premises
are situated within a Cumulative Impact Area. The CIA does not
preclude the grant or variation of premises licences or limits the
type of any particular premises within the CIA. The policy requires
the applicant to demonstrate that there will be no adverse impact
upon the licensing objectives.
 
The premises are subject to
condition 11 within Annex 2 of the Premises Licence regarding
whether the premises are an excluded premises within the
requirements of section 176 of the Licensing Act 2003. There was no
representation from the Police or the Licensing Authority that
condition 11 is not complied with, nor any other information to the
same effect. Condition 11 places a positive duty upon the licence
holder to monitor the primary use of the premises and to produce 6
monthly data, with an obligation to provide
information to the police or
the licensing authority upon request. The single representation
against the variation expressed concerns for potential increase in
anti-social behaviour, public nuisance and crime and disorder and
highlighted behaviour that was not arrestable. However, there was
no information or evidence that these premises are associated with
any crime and disorder or public nuisance. There was no evidence of
the premises being a focal point for gatherings at the premises, or
in the vicinity, associated with the sale of alcohol from the
premises, the premises neighbour’s a police station. The
evidence of police cars attending an incident to the west of the
CIA circa 11pm at night was noted by the LSC, however, there was no
information that it was an alcohol related incident.
 
In reaching its decision, the
LSC disregarded commercial interests or matters relating to the
night-time economy or community benefit.
 
The LSC were satisfied that
statutory procedural requirements related to the application,
including public advertisements, were complied with.
 
The LSC were satisfied that the
variation of the premises licence will not have an adverse impact
upon the licensing objectives, nor contribute to public nuisance or
crime and disorder.
 
Any party aggrieved by this
decision may appeal to the magistrates’ court within 21
days.