Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 30, 2025

Purpose:

Content: DECISION   The decision of the Committee is to grant the application subject to amendment of conditions   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   ·  The relevant parts of the Guidance issued by the Secretary of State   Committee’s reasoning and findings are:   Committee noted that the application before it was for a convenience store which is located in a small ground floor unit on Dean Street, Newcastle.  The premises have been vacant for some time, having previously operated in various guises.  They are located within the City Council cumulative impact policy and special stress area.  As such Mr Rodgers accepted that for the application to be granted, the applicant would have to persuade the Committee that the application is exceptional and would not adversely impact on the licensing objectives.   In support of his submissions in that regard Mr Rodgers stated that conditions have been agreed with Northumbria Police which, amongst other things, would restrict the types of alcohol and the size, quantities and strength of alcohol sold.  Furthermore the alcohol would be stored out of sight and available via a menu system which would be sourced from the storage by a member of staff, there would be no self service.   The conditions agreed with Northumbria Police were strict and the applicant is an experienced operator who has 2 other premises, one in North Shields and one in Durham.   Mr Bryce on behalf of the Licensing Authority outlined his representation and stated that although it was policy based in the main, he also had concerns about the wording of some of the Conditions agreed with Northumbria Police. In particular he raised a query about the definition of street drinker and highlighted a possible ambiguity between a number of the conditions.  Mr Bryce stated to Committee that he was not persuaded by Mr Rodger’s submissions regarding exceptionality.   Committee considered all of the evidence, including the written submission of Councillor Byrne  and decided to grant the application.  They were advised that each application must be considered on its merits and individual facts.  They were also advised that they have a discretion to depart from the Statement of Licensing Policy where they believe they have evidence to do so.   They were persuaded that exceptionality, which is subject to interpretation,  had been proven due to the size of the premises, the restricted types and sizes of alcohol on sale, the fact that there would always be two members of staff on duty and that the alcohol would be kept out of sight.  Members thought that the conditions offered were strict and noted that the applicant had a proven track record of working and co operating with Northumbria Police.  They were satisfied that the operation of the premises subject to the rigid conditions would not undermine the licensing objectives.   Committee did accept the submissions of Mr Bryce regarding the ambiguity/ contradictory conditions that were agreed and amended two of the conditions in order to resolve their concerns.  Condition 19 of the conditions agreed with the police must be removed and the following additional wording added to condition 16 “and other than in packs of four or more”. Thereafter the conditions will be reworded and the previously numbered condition 23 will reference aged 25 instead of aged 18.