The Statutory Licensing Sub-Committee met to consider an application for a new premises licence for 5a North Road, Durham. The sub-committee heard objections from Durham Constabulary, Environmental Health, City of Durham Parish Council, Crossgate Community Partnership, and local residents, before adjourning to discuss the application in private. The decision of the sub-committee will be made public in due course.

Application for Premises Licence - 5a North Road, Durham

Mr Kulasingham Chandramohan applied for a new premises licence for 5a North Road, Durham, for a business originally named 'Morrisons Daily', but this premise name was subsequently withdrawn from the application. The application requested:

• Supply of alcohol for consumption off the premises 24 hours a day
• Late Night Refreshment (indoors) Monday to Sunday from 11pm until 5am
• Opening hours 24 hours a day

The Licensing Authority received five objections to the application, from Responsible Authorities and Other Persons. Durham Public Health and Durham Safeguarding Children Partnership confirmed they had no comments to make.

The report of Mark Jackson, Corporate Director of Neighbourhoods and Environment, asked the Sub-Committee to determine the application with a view to promoting the licensing objectives, giving appropriate weight to:

• The steps that are appropriate to promote the licensing objectives.
• The representations presented by all parties.
• The Durham County Council Statement of Licensing Policy.
• The Guidance issued to local authorities under Section 182 of the Licensing Act 2003.

Objections

Durham Constabulary

Durham Constabulary objected to the application, citing concerns about the prevention of crime and disorder, the protection of children from harm, and the prevention of public nuisance. Sergeant Caroline Dickenson of Durham Constabulary noted that North Road is already a busy area with a high concentration of licensed premises, and that 24-hour alcohol sales would likely exacerbate existing problems with anti-social behaviour. She stated that:

24hr opening especially with the provision to access alcohol will hold people in the town later than the systems are set up for, which will have a knock-on effect on crime and disorder and anti-social behaviour (ASB). The premises is also located within an area covered by a Public Spaces Protection Order (PSPO) which prohibits on-street alcohol consumption in parts of the City.

Sergeant Dickenson requested that alcohol sales be restricted to 7am - 11pm, in line with other supermarkets on North Road, and that the provision for late night refreshments be removed from the licence.

Environmental Health

John Hayes, Principal Environment Protection Officer, objected to the application with reference to the prevention of public nuisance licensing objective. He stated that the increased availability of alcohol and late-night refreshment would likely increase the potential for public nuisance caused by intoxicated individuals, giving rise to disturbance in the locality. Hayes also noted that the application was outside of the licensing policy for such premises.

Hayes contacted the agent acting for the applicant, Ian Rushton of JL Licensing, to seek an informal resolution prior to submitting a representation. Hayes suggested that the hours for licensable activities should be in line with the licensing policy. Rushton responded that the framework is a guide and that every application must be considered on its merits.

City of Durham Parish Council

The City of Durham Parish Council strongly objected to the proposal under the objectives of preventing a public nuisance and crime and disorder. They stated that 24-hour, 7-day licensing has never been permitted in Durham City and approval of this application would severely undermine the promotion of these important licensing objectives.

The Parish Council noted that the application is in breach of Durham County Council's Licensing Framework hours for premises licensed for the sale of alcohol for consumption off the premises, which are 7am to 11.30pm weekdays and 7am to 12.30am on weekends. They also raised concerns about the lack of a noise survey or noise impact assessment, and the proximity of the premises to 96 residential properties within a 100-metre radius.

Crossgate Community Partnership

The Crossgate Community Partnership (CCP) objected to the application because it does not promote two of the licensing objectives, namely the Prevention of Crime and Disorder and the Prevention of Public Nuisance. The CCP noted that the framework hours for off licences are 7am to 11.30pm on weekdays and 7am to 12.30am at weekends, and that the applicant had not provided any justification for the proposed 24-hour opening.

The CCP also raised concerns about anti-social behaviour in North Road, and the potential for the premises to become a focus for street drinkers. They noted that Tesco and Sainsburys, who operate within the framework hours, have found it necessary to employ security staff in the evening, and that security staff would be essential to prevent crime and disorder at the proposed premises.

Mr and Mrs Priestley

Mr and Mrs Priestley also objected to the licensing application because it does not promote two of the licensing objectives, namely the Prevention of Crime and Disorder and the Prevention of Public Nuisance. They noted that the framework hours for off licenses and that there was no obvious reason for a 24/7, 365 days p.a licence. They considered that that any licence should extend to no more than 11pm in line with those for similar premises in North Road.

Options

The Sub-Committee had several options available:

• Grant the licence subject to conditions that are consistent with the operating schedule accompanying the application and the mandatory conditions set out in the Licensing Act 2003.
• Grant the licence subject to modified conditions to that of the operating schedule where the committee considers it appropriate for the promotion of the licensing objectives and the mandatory conditions set out in the Licensing Act 2003.
• To exclude from the scope of the licence any of the licensable activities to which the application relates.
• To refuse to specify a person on the licence as the Designated Premises Supervisor.
• To reject the application.

The Sub-Committee retired to deliberate the application in private, and the decision will be made public in due course.