Agenda, decisions and minutes

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on Wednesday 22 January 2014 and resolved to approve Application 13/01970/LQN in respect of premises known as Co-op, 35 Pound Street, Newbury RG14 6AE subject to a number of conditions which are set out below.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.            The prevention of crime and disorder;

2.            Public safety;

3.            The prevention of public nuisance; and

4.            The protection of children from harm.

They also considered the Department of Culture, Media and Sport Guidance on the Licensing Act 2003 and West Berkshire Council’s licensing policy.

The Sub-Committee heard representations made by:

1.         The Applicants: Jon Wallsgrove (Solicitor for The Southern Co-operative Limited)

2.         The Objectors:  Mr Shamim Ahmed and Mr Ahbab Hussain (on behalf of the Bangladesh Welfare Centre)

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 13/01970/LQN be granted subject to the conditions as in the operating schedule, any relevant mandatory conditions in ss19-21 of the Licensing Act 2003

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 13/01970/LQN in respect of Co-Op 35 Pound Street, Newbury, RG14 5AE.

In accordance with the Council’s Constitution, Amanda Ward (Licensing Officer, West Berkshire Council), Jon Wallsgrove (Solicitor for the Applicant), Gareth Lewis, (Applicant) and Mr Shamim Ahmed and Mr Ahbab Hussain (Objectors) addressed the Sub-Committee on this application.

Ms Sharon Gavin (Technical Officer, Licensing) and Mr Alex Kirk (Legal Services) representing West Berkshire Council observed the Sub-Committee.

Ms Ward, in addressing the Sub-Committee, raised the following points:

·           On 26^th November 2013, the Licensing Authority received an application for a New Premises licence under section 17 of the Licensing Act 2003 in respect of the Co-op, 35 Pound Street, Newbury, Berkshire. RG14 6AE. The applicant was The Southern Co-operative Limited.

·           The application sought to include the Regulated Activity of the Supply of Alcohol off the premises between the hours of 08:00 to 23:00 Monday through to Sunday. The proposed opening times of the premises would be 06:00 to 23:00.

·           The statutory consultation period had run from 27^th November 2013 until 24^th December 2013. The application had been advertised by placing a blue notice at the premise and by advertising in the Newbury Weekly News on 28^th November 2013.

·           During the 28 day consultation period, representations consisting of a petition signed by 58 members of the Bangladesh Welfare Centre, Newbury, organised by  Mr Ahbab Hussain (Chairman), was received.

·           No mediation had taken place as the applicants required the Regulated Activity and the hours of opening as applied for, and wished the Licensing Sub-Committee to determine the application.

Mr Jon Wallsgrove, Solicitor for the applicant, in addressing the Sub-Committee, raised the following points:

·           The Southern Co-operative Ltd operated over 160 convenience stores in the South of England and was a separate company to the main Co-operative company based in Manchester. The distinction was important as the company had full decision making powers over the way the business was run. The premises in question would be a traditional convenience store selling food, magazines, household goods and alcohol. The sale of alcohol would form a small but crucial part of the business.

·           All staff would undergo thorough training in respect of the sale of age restricted products, including alcohol. Training would include computer based sessions on a 1-1 basis with a manager. Staff would have to pass the test at the end of the training before they could work on the tills. In addition, unique staff codes inputted into the tills would prevent untrained staff from selling age restricted products. This training would be repeated every four months.

·           The Challenge 25 policy would be adopted and managers would be required to undergo Southern Co-operative’s own training in respect of the sale of age restricted products. In addition, a hard-backed refusals book would be kept to maintain a record of attempts to purchase alcohol under age and CCTV would be in operation both within the store and outside  ...  view the full minutes text for item 2.