Agenda item

The Sub-Committee is requested to determine the application.

Applicant:   Thiyagarajah Shangar and Thiyagarajah Arunthavachelvam

The following papers are attached.

(i)         Licensing Team Leader’s report.

(ii)        Appendix A – Application to vary the Premises Licence.

(iii)       Appendix B – Existing licence.

(iv)       Appendix C – Map of the area.

(v)        Appendix D – Representations.

The procedure to be followed by the Sub-Committee is attached to this agenda.

The sub-committee considered an application from S Thiyagarajah and A Thiyagarajah in respect of Premier Stores, King Edward Road, Deal. The application was for the variation of a premises licence to increase the hours allowed for alcohol sales as followed:

Supply of Alcohol (for consumption OFF the premises)

Immediately prior to the hearing the applicant amended the application as followed:

Supply of Alcohol (for consumption OFF the premises)

The applicant also advised that the store was now known as King Edward Store.

On the basis of the representations of the applicant and other persons, the sub-committee found the following facts to be established:

(i)                   There had been no representations made by any of the Responsible Authorities including the Police.

(ii)                 That immediately prior to the hearing, the applicant chose to amend the application (as stated above).

(iii)                The applicant advised that a 7am licence was required as he had customers doing their shopping at that time and who wanted to purchase a bottle of wine.

(iv)                Other premises in the area that sold alcohol were open from 7am not 6am.

(v)                 Councillor Gardner stated that, on behalf of those he was representing and himself, the objections remained in spite of the amendment to the hours.

(vi)                The applicant had been running a business in Deal for the last 11 years and had held a licence to serve alcohol for the last 20 years.

(vii)              The applicant stated that staff at the premises were fully trained in the sale of alcohol and a refusals book was used and it was available for inspection upon request. CCTV was installed on the premises.

(viii)             It was the opinion of the objectors that the proposed hours were not socially responsible. Residents already experienced anti-social behaviour from people, believed to be alcoholics, including some knocking on their doors and asking for money, being aggressive and intimidating and that the extended hours would have an adverse impact on residents’ lives. The north end of Deal was a quiet residential area and whilst a convenience store was needed the extension in hours for the sale of alcohol was not.

(ix)                Residents stated that sales were being made before 8am, but that they were unaware that the current licensable start time was 8am Monday to Saturday.

(x)                 No complaints had been made to the licensing department concerning the premises. Objectors had made complaints to Environmental Health concerning food safety and hygiene although this was not relevant to the premises licence and did not breach any of the licensing objectives.

(xi)                If the variation were to be granted, Councillor B Gardner asked that consideration be given to a condition being added to the licence to restrict the sale of single cans of alcohol to a minimum pack of 4.

(xii)              The objectors raised the issue of an application to planning for change of use and concerns about that. They were informed that this planning aspect was not an issue that the Licensing Sub-Committee was empowered to consider at the hearing.

In reaching its finding the sub-committee took into account the following:

(i)                   Dover District Council’s Licensing Policy.

(ii)                 The Licensing Act 2003 and the guidance given under Section 182 of the Act.

(iii)                Section 17 of the Crime and Disorder Act 1998.

(iv)                Article 6 of the Human Rights Act (right to a fair trial).

(v)                 The judgment in the case of Daniel Thwaites PLC V Wirral Borough Magistrates Court [2008] EWHC 38 (Admin).

RESOLVED:   (a)       That the application for the variation of a premises licence in respect of King Edward Store, 14 King Edward Road, Deal be GRANTED in part as followed:

Supply of Alcohol (for consumption OFF the premises)

(i)               Before the above variation takes effect the CCTV must be trained on the door and till area and be in operation whenever the shop is open. Recordings to be retained for a period of 28 days and provided to Police of Authorise Officers on request.