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The Licensing
Sub-Committee had been asked to consider an application for a new
premises licence from Mr Rohit Julka for the premises at 13 High Street Bridgwater
Somerset following an objection from the Town Council. The
Sub-Committee was advised that the Applicant had reached agreement
with the Police for conditions to be included on any licence that
may be granted and therefore there was no formal objection from
them.
     
The Sub-Committee
had considered all of the evidence presented by the Applicant and
Objector both in person and in writing. The Sub-Committee’s
decision was made in accordance with the Council’s Statement
of Licensing Policy, the Secretary of State’s Guidance and
current case law.
 
The application as
submitted was for the sale and supply of alcohol off the premises
only between 08.00hrs - 2300hrs, 7 days a week.
 
DECISION
 
The Sub-Committee recognised
that this was a well-prepared application with a comprehensive
operating schedule and additional conditions had been agreed with
the Police.
 
The application, as submitted,
was for the sale of alcohol mirroring the opening hours of the
premises. The Applicant was already successfully trading from 3
premises in Weston-Super-Mare without cause for concern.
 
The objection of the Town
Council was driven by the significant number of premises already
licensed to sell alcohol in the vicinity. The Council’s
Licensing Policy stated that shops, stores and supermarkets should
generally be permitted to sell alcohol off the premises during the
normal hours they intend to open. As a new application this
premises was not a focus of disorder and disturbance and the
Council does not have a cumulative impact policy to limit further
premises.
 
The objection concentrated
mostly on anti-social behaviour that already exists within the town
centre and was speculative as far as the premises were concerned,
having not been previously licensed.
 
The application was for a
convenience store and whilst the Town Council was concerned that an
additional outlet selling alcohol may lead to an increased amount
of crime and disorder within the town centre, it did not follow
that that would be the case or that this premises would be the
cause.  The Applicant cannot be held
responsible for anti-social activities outside of their premises
and not directly attributable to the management of those premises.
The Government’s guidance makes clear that beyond the
immediate area surrounding the premises those are matters for the
personal responsibility of individuals under the law.
 
The Sub-Committee fully
understood the concerns of, and supports the Town Council in its
endeavours to rid the town centre of anti-social behaviour,
especially alcohol related unruly behaviour. However, it had to be
recognised that the Police, as the primary agents of enforcing
crime and disorder and public nuisance objectives, had chosen not
to object to the application but recommended some 24 conditions
that could be added to any licence.
 
In addition, there was no
evidence before the Sub-Committee that suggested that this
application cannot or will not promote the licensing objectives
once supported by those conditions agreed with the
Police.
 
Therefore, it was the decision
of the Sub-Committee that a new premises licence be granted to Mr
Rohit Julka for the premises at 13 High Street Bridgwater Somerset
on the terms requested subject to the provisions of the operating
schedule and the conditions agreed with Avon & Somerset
Police.