Content

The decision of the Committee is to grant the
application subject to the amended hours of 09:00 until 23:00 hours
every day and the schedule of conditions agreed with Northumbria
Police, included within the agenda papers at pages 28 to 30.
 
The Committee in reaching its decision has
taken into account:
 
· 
The evidence before it both written and oral
 
· 
The relevant parts of the Council’s Statement of Licensing
Policy especially paragraphs 4.7.1.A - C, 4.7.2, 4.7.3, 5.1.1 - 5,
6.1.1 - 3, 6.2.1 – 2 and 6.3.
 
· 
The relevant parts of the Guidance issued by the Secretary of State
in particular paragraphs 1.16, 1.17, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6,
2.7, 2.8, 2.9, 2.20, 2.21, 2.22, 2.23, 2.24, 2.25, 2.26, 2.27,
2.28, 2.31, 2.32 and 9.12.
 
 
Committee’s reasoning and findings
are:
 
Mr Samarajeewa
attended on behalf of the Applicant company, of which he is the
sole director. Mr Samarajeewa explained
to Committee he intended to operate the premises primarily as a
grocery shop, with alcohol off-sales only. He described the shop as
being made up of 90% groceries and 10% alcohol. He explained his
intention was to capture the alcohol sales from when the bigger
shops or supermarkets had closed, and customers would pop
in to the premises to pick up some
groceries but also want some alcohol. He believed that being able
to sell alcohol would help attract customers into his shop to also
buy their groceries there. Mr Samarajeewa explained how the premises was located
right next to a bus stop, so offered convenience for residents or
those using the bus stop, over other shops further down the road.
He described the premises as relatively small. As shown on the plan
within the agenda papers, he confirmed the service counter would be
next to the entrance so he or his staff could always see who was
coming and going from the shop. Any alcoholic spirits would be kept
behind the service counter.
 
Mr Samarajeewa
confirmed that he had been in discussions with Northumbria Police
about the application. As a result of those discussions, he
confirmed he had agreed to amend the application in respect of the
hours for sales of alcohol, so that these would now commence no
earlier than 09:00 hours, rather than the initial 06:00 hours
originally sought. The alcohol sales would still cease at 23:00
hours. Mr Samarajeewa also confirmed he
had agreed a revised schedule of proposed conditions with the
Police, as set out in the agenda papers at pages 28 to 30. As such,
he confirmed on behalf of the applicant company that the
application before Committee was so amended. Northumbria Police had
therefore offered no objection to the application.
 
In relation to the proposed conditions and
operation of the premises, Mr Samarajeewa drew attention to the use of CCTV in
the premises and explained the system he intended to use would have
16 cameras and cover every angle of the shop. Furthermore, he would
be able to access the CCTV system from anywhere via his mobile
phone and view, download and provide copies to the Police or other
authorities if required to do so. He also highlighted the staff
training condition he had agreed with the Police. When questioned
about this training, he confirmed he had instructed an external
agency to devise a training programme for staff working in the
premises and this was done in consultation with Northumbria Police.
He further confirmed that he has now obtained his personal licence
from Newcastle City Council.
 
Regarding the objection to the application
from Malcolm Smith, a local resident, Mr Samarajeewa told Committee that he believed the
measures he had described in respect of CCTV, staff training and
all the other proposed conditions addressed the concerns raised by
Mr Smith. He stated he had no intention of causing any nuisance or
disturbance in the area and described his operation as no different
to a person buying alcohol from a supermarket. Any alcohol sold
from his premises would be taken away from the premises to be
consumed. He told Committee that he had limited control over what
people did or how they behaved once they had left his premises, but
that all the measures he would put in place in the premises meant
there would be no nuisance from there and that he would positively
promote all the licensing objectives. It was confirmed by the
Licensing Officer, Keith Smith, that Malcolm Smith had been made
aware via email of the amendments to the application, as agreed
with the Police, but that Mr Smith wished to maintain his objection
to the application. He was not in attendance at the hearing.
 
Councillor Robinson during questions drew Mr
Samarajeewa’s attention to
proposed condition 12 and asked whether he understood this meant he
could not sell single cans of beer. Mr Samarajeewa confirmed he would only be selling beer
or lager in multipacks of no less than 4 cans. During questions, Mr
Samarajeewa also confirmed that the
shop’s opening/trading hours would be 06:00 hours to 23:00
hours. He confirmed he understand amending his application meant
alcohol could not be sold until 09:00 hours, which was different to
its trading hours. When asked how he would manage this at the
premises, Mr Samarajeewa confirmed he
would place prominent notices around the shop which stated alcohol
would not be sold until after 09:00 hours and that all staff would
be trained to refuse sales of alcohol before this time. His
attention was drawn to condition 10 on the proposed schedule he had
agreed, which stated if the premises was trading outside the hours
authorised for the sale of alcohol, that all alcohol within the
shop trading area would be secured behind locked grills / screens
or cabinet doors so it could not be accessed by customers or staff.
Mr Samarajeewa confirmed he would
obtain appropriate cabinets or screens to ensure compliance with
this condition. He expressed his willingness to engage with the
responsible authorities.
 
Committee concluded the modest size of the
premises, the nature of its operation being focused more primarily
on groceries, alongside the stringent conditions proposed by and
agreed with Northumbria Police, meant they could be satisfied that
the application would promote all licensing objectives and address
the potential issues or concerns highlighted in Mr Smith’s
representation. Furthermore, Committee were also reassured by the
application being amended to a later hour of 09:00 for the
commencement of alcohol sales. Whilst it is noted the premises may
trade earlier in respect of other grocery sales, Committee
concluded the conditions would help ensure alcohol was not sold
prior to 09:00. Committee wished to emphasise to the Applicant the
importance of ensuring full compliance with all conditions and the
Applicant must ensure appropriate equipment is obtained to ensure
the alcohol in the trading area is locked away outside of the
permitted hours for sale of alcohol, as set out in condition
10.
 
In reaching their decision, Committee had
regard to all the evidence and submissions outlined above and gave
appropriate weight to the written representation from Malcolm
Smith. Committee also had regard to all relevant legislation and
guidance.
 
As such, considering the application on its
individual merits, Committee concluded to grant the application as
amended in respect of the commencement hour and subject to the
schedule of conditions agreed with Northumbria Police.
 
Conditions
 
As per the schedule of conditions agreed with
Northumbria Police, included within the agenda papers at pages 28
to 30.
 
 
Right of Appeal
 
There is a right of appeal against this
decision to Newcastle Magistrates Court.  An appeal must be commenced within 21 days
beginning with the day on which you receive written notification of
the decision.