Agenda item

The Sub-Committee is requested to determine the application.

The following papers are attached.

(i)         Licensing Manager's report.

(ii)        Appendix A – Application and plan.

(iii)       Appendix B – Map of the area

(iv)       Appendix C – Amendments to the operating schedule requested by the

            applicant following discussions with the police

(v)        Appendix D – Copies of representations.

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

The Sub-Committee considered an application for the grant of a premises licence at 68-72 Pencester Road, Dover as follows:

Supply of Alcohol (for consumption OFF the premises)

On the basis of the representations of the applicants, their representatives and other persons the Sub-Committee found the following facts to be established:

(i)               The application for a premises licence was for an international supermarket including butchers, off-licence, fruit and vegetables, and general grocery store.

(ii)             The applicant, Yilson Sayin, was an experienced retailer, having operated similar businesses in the Thanet district for more than 10 years. She was a Personal Licence holder and would be the Designated Premises Supervisor at the premises.

(iii)            At the Hearing Ms Sayin amended the hours for the sale of alcohol (for consumption off the premises) on Sundays to 10.00 – 22.00 hrs, reducing the licensable hours by thirty minutes.

(iv)            The shop would initially open with three experienced members of staff from the Thanet premises with the addition of some more local staff. There would be another three Personal Licence holders working in the premises.

(v)             All staff would be fully trained in the sale of alcohol and would adopt a Challenge 25 policy with notices being displayed to advise customers that Challenge 25 was in force. A refusals book would operate, and staff would be trained again at 6 monthly intervals, on the job.

(vi)            There would be a Security Industry Authority (SIA) licence holder on the premises and 62 CCTV cameras monitoring the 3000 square metres of the shop floor and outside. In the application it was said that an SIA licence holder would be supervising during trade hours. At the Hearing Mr Tiktiklar advised that the SIA licence holder would in fact be on the premises every Friday and Saturday from 15.00 – 21.30 hrs and on three other days during the week from 15.00 – 22.00 hrs. A personal licence holder would be on the premises during trade hours.

(vii)          There were two representations received from Joanna Povey and Jean Lait regarding the application for a premises licence making representation under all four Licensing Objectives. There were no representations made by any of the Responsible Authorities, including the police. The written representations noted the existing problems with nuisance alcohol drinkers in Pencester Park, which was located directly opposite the premises, and that the extensive hours of the proposed licence would be irresponsible.

(viii)         Ms Sayin and Mr Tiktiklar were aware of the problems in Pencester Park and had liaised with the police and Licensing Authority to impose additional conditions to their operating schedule to help to satisfy these concerns. There would be no alcohol sold in the shop that was above 5% abv and having been made aware by PC D Rolfe of the Dover Partnership Against Crime (DPAC) scheme and they would look to introduce this too. The premises had previously been licensed when trading as a Post Office and Costcutter and the therefore if the licence were granted it would not be increasing the number of licensed premises.

(ix)            The Sub-Committee, whilst fully considering the representations made and concerns raised, noted that the applicant had demonstrated they had considered all four of the Licensing Objectives and the Committee was encouraged that Ms Yasin would join the DPAC scheme. Whilst an SIA licence holder could not be on site at all times there was CCTV throughout the premises.

In reaching its findings the Sub-Committee considered 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)            Article 6 of the Human Rights Act

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

RESOLVED:   That the application for a premises licence in respect of 68-72 Pencester Road, Dover with the proposed conditions as per the operating schedule and those offered following discussion with Kent Police be GRANTED as follows

Supply of Alcohol (for consumption OFF the premises)

(i)               A Security Industry Authority (SIA) licence holder must be on the premises between the hours 16.00 – 23.00 hrs every Friday and Saturday, in addition to any other days or times the licence holder deems it to be necessary.