Agenda item

To consider the application at 10:00am.

Contact: Craig Heywood, Licensing Officer - 01484 221000

RESOLVED:

that the application for the grant of new premises licence in respect of Londis, 28-30 Leeds Road, Birstall, WF17 0EW beapproved with additional conditions:

-        That the licensing activities in respect of the sale of alcohol be reduced to Monday – Sunday - 07:00 hrs – 22:00 hrs

-        External CCTV to be installed

The Panel considered a report which outlined an application for the grant of a premises licence, Londis 28-30 Leeds Road, Birstall, WF17 0EW.  The Licensing Officer outlined the application, advising the Panel that, on the 12 October 2022, the Licensing Department received an application for the new grant of a premises licence for Londis.   The Licensing activities applied for were as follows:

Sale of Alcohol (off the premises), Monday – Sunday 07:00 – 00:00.

Prior to the application, a licence was held which ceased trading under McColl’s.  The licence was cancelled at the request of the premises licence holder on the 11 April 2022.  A further application was submitted on the 8 August 2022, however this was subsequently withdrawn on the 14 September 2022.

In response to the application,  representations were received from Cllr Elizabeth Smaje ward councillor, and six local residents stating that should the licence be granted, the licensing objectives in respect of the prevention of crime and disorder, public safety and the prevention of public nuisance would not be achieved.

The Panel was informed that prior to the hearing, the applicant had proposed to reduce the closing time from 00:00 to 23:00. 

Using images on Google Maps, the Panel was shown the premises in relation to residential properties.

A representative acting on behalf of the applicant advised the Panel that Londis have over 2000 members across the UK, and while members receive support from the organisation, they are independent operators.  The applicant currently has five petrol stations with Londis and has a wealth of experience running licenced premises.  The premises was previously licenced under grandfather rights and there were no conditions on it, however the applicant has offered a number of conditions. 

The representative informed the Panel that when an application is submitted, a copy of the application goes to the Police, Trading Standards, the Planning Department, Home Office, a body in respect of the protection of children, and no objections have been received from any of the bodies consulted.

Responding to the concerns raised by the objectors, the representative informed the  Panel that the shop held a licence for many years and the shop was never reviewed or revoked as a result of complaints raised by residents.  In response to the concerns raised regarding crime and disorder and drivers blocking resident’s driveways, it was explained that this is a commercial premises and there will be people pulling up outside the shop. The concerns regarding early morning deliveries can be alleviated as there will be no deliveries before 8:00am and after 5:00pm.

The Panel was advised that in 2008, the High Court emphasised that the principles laid down by the Licensing Act 2003, Section 182, is that there should be a light touch bureaucracy applied to licensing applications and that restriction should only be attached to the premises licence if they are necessary to promote the licensing objectives. It also highlights that decisions on applications should be made on evidence and not based on speculation.

The applicant offered to further reduce the proposed closing time from 23:00 to 22:00. 

The objectors were invited to put forward their representations and they advised the Panel of the following:

-          The reduced opening times will make little difference because it is the alcohol licence and the sale of alcohol which attracts the anti-social behaviour and the cause of issues previously

-          Drivers blocking residents driveways and become argumentative when asked to move their vehicles

-          Opportunist burglaries to nearby properties

-          Increased volumes of traffic on an already busy junction

-          The hours being applied for will mean a nuisance for local residents with vehicles coming and going from the shop at unreasonable hours

-          Disturbance from deliveries at 6:00am

-          Unruly teenagers congregating on the garden walls of residents and the potential for underage drinking

-          There will be a potential for noise pollution, litter, additional traffic, and parking disruption

After considering the information presented the Panel voted two to one to grant the application with additional conditions.

RESOLVED:

that the application for the grant of new premises licence in respect of Londis, 28-30 Leeds Road, Birstall, WF17 0EW beapproved with additional conditions:

-        That the licensing activities in respect of the sale of alcohol be reduced to Monday – Sunday - 07:00 hrs – 22:00 hrs

-        External CCTV to be installed