Minutes:
Annex A
SURREY HEATH BOROUGH COUNCIL
LICENSING ACT 2003
Application for a new Premises Licence
126 Frimley Road, Camberley
Decision Record
The Application
This is an application by Mr Manmeet Grover trading as Grover Convenience Store Limited for a new premises licence at 126 Frimley Road, Camberley, Surrey, GU15 2QN. Representations have been received from six “other persons”.
At the hearing of the application in attendance were:
Mr Derek Seekings (Surrey Heath Licensing Officer)
Mrs Paula Barnshaw (Surrey Heath Licensing Administrator)
For the Applicant:
Mr Grover (Applicant)
Mr Panchal (Representing the Applicant)
Other Persons:
Mrs Patel
Mrs Thapan
Evidence before the Sub-Committee
Representations have been received from six Other Persons. Whilst two of the ‘Other Persons’ were present, they declined to verbally address the Committee in order to expand on their written representations. These have been accepted by the Committee as read.
No representations had been received by any Responsible Authority.
Oral representations were made by Mr Panchal on behalf of the Applicant. He stated that Mr Grover had been in the licensing trade for three years and throughout this time involved in the family business, running three licensed premises.
Mr Panchal directed the Committee to page 25 of the agenda and discussed the operating schedule as written. He confirmed that CCTV will be in operation at the premises and when this is not operational, no licensable activities will take place. He detailed the training regime and showed the signage which will be displayed on the premise relating to CCTV and ‘Challenge 25’.
Mr Panchal referred to paragraph 75 within the Councils Statement of Licensing Policy where it states that premises which operate after 23:00 have to have more stringent controls than those which cease at this time. He highlighted that the terminal hour of the new premises licence will be 23:00. Mr Panchal reminded the Committee that whilst the Other Persons think that a further convenience store is not required, ‘need’ was not a licensing matter.
The Decision
The Licensing Act encourages us to view our powers and responsibilities in the light of the community as a whole. The regime under the Act has a light touch approach to regulation and we carry out functions with a view to promoting the licensing objectives, having regard to the statutory guidance and to the Statement of Licensing Policy.
If the sub-committee is minded to attach any conditions to the proposed licence, these must be appropriate to promote one or more licensing objectives. They must be proportionate in that they are tailored to the activities taking place, the size, location, type and characteristics of the business and do not repeat those which duplicate other statutory provisions.
We will consider the licensing objectives in the following order:
Prevention of Crime and Disorder
We note the concerns of the ‘Other Persons’ regarding crime and disorder but the Committee are satisfied that no evidence has been provided that this objective will be undermined. It was noted by the Committee that the Police had not submitted a representation. The Committee feel that the conditions proposed by the Applicant in the Operating Schedule are adequate to address any concerns and will be enforceable subject to minor amendment. We are also mindful that any Licence granted can be reviewed under the Act.
The Protection of children from harm
We have had regard to the Council’s Statement of Licensing Policy which states that the Council will have particular regard to the safety of children when considering licence applications. It is a mandatory condition that all premises must have an age verification policy. The applicant operates a ‘Challenge 25’ policy and has numerous procedures and checks in place which the Committee believe are more than satisfactory to meet the requirements of the Statement of Licensing Policy and legislation.
Public Safety
There is no evidence before us upon which we can consider that this objective is not likely to be promoted.
Prevention of public nuisance
No objection was raised by Environmental Health as a statutory responsible authority with regards to public nuisance. Whist the written concerns of ‘other persons’ have been noted, there is no evidence before us that the premises will create the disturbances and littering they refer to.
We therefore grant the Licence subject to the following conditions:
Conditions
We have had regard to whether conditions are appropriate in accordance with the guidance and the licensing policy and note those offered by the Applicant in the operating schedule. In summary, we find it is appropriate to grant the licence subject to such conditions that are consistent with the operating schedule, the wording to be determined by the Licensing Officer and Chairman of the Committee in order to ensure enforceability.