Meeting documents
Licensing Decisions
Friday, 5th October, 2012
Star Grocers
The Application
The application for consideration relates to Star Grocers, 89 Bond St. Blackpool.
The designated premises supervisor is currently Mrs Thanuja Peethamparam.
The application is to vary the shop opening hours for alcohol off sales to be
Mon -Sun 8:00 to 23:30.
The current hours are:
Mon-Sat 8:00 to 23:00
Sundays 10:00 to 22:30
It is also proposed that the shop be open to the public for general sales 07:00 to 23:30 every day.
A copy of the application is attached
The Applicant
Application is made by the joint premises licence holders:
Mr Nagaratnam Peethamparam and Mrs Thanuja Peethamparam
Relevant Representations
The licensing Service received representations from members of the public as follows:
Mr & Mrs Yarnell, Mr & Mrs Colbeck, Mr A Colbeck.
The licensing Authority have also made representation.
Copies of these representations are attached.
Local Policy Considerations
Statement of Licensing Policy
3.5 Operating Hours
Appendix B The Prevention of Public Nuisance - Guiding Principles.
National Guidance
None
Lancashire Constabulary negotiated amendments to the application without recourse to objection. These agreements will form conditions additional conditions if the application is granted.
CCTV will be installed internally and externally at the premisesand will comply with the following:
The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system.
The system will display on any recording the correct time and date of the recording.
The system will make recordings during all hours the premises are open to the public.
VCR tapes or digital recordings shall be held for a minimum of 31 days or 21 days respectively after the recording is made and will be made available to the Police or any authorised persons acting for a responsible authority for inspection upon request.
The system will as a minimum record images of the head and shoulders of all persons entering the premises.
A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show the police recent data or footage with the absolute minimum of delay when requested.
An incident book will be maintained in which shall be recorded:
All incidents of crime and disorder.
Refused sales to suspected under age/ drunken persons.
A record of any person refuses admission or asked to leave the premises.
Details of occasions upon which the Police are called to the premises.
That book shall be avaialable for inspection by a Police officer or authorised officer of a responsible authority.
At least one personal licence holder shall be available (this does not necessarily mean present at the premises) at all times alcohol is on sale.
Refresher training will take place at 3 monthly intervals. The training will be documented and made available to the authorities on request.
Only people over the age of 18 years will be allowed to make sales of alcohol to the public.
A challenge 25 policy will be in place and signs promoting the policy will be prominently displayed on the premises.
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.
b) On Sundays, other than on Christmas Day, 10 a.m. to 10.30 p.m.
c) On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
d) On Good Friday, 8 a.m. to 10.30 p.m.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) The sale of alcohol to a trader or club for the purposes of the trade or club;
d) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air force;
2 Alcohol shall not be sold in an open container or be consumed in the licensed premises.
3 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
4 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
Background Papers
None
Determination
Members are requested to determine the application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Smith, in the Chair Cllrs Elmes and Hutton
Declarations of Interests
Cllrs Elmes and Smith both declared that they were members of Planning Committee but that they had never considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Democratic Services Team Leader
Applicant/Applicant's Representative(s) in attendance
Mr T Colebourne, Applicant's Solicitor
Mr N Peethamparam, Licence Holder
Mrs T Peethamparam, Designated Premises Supervisor
Representors
Mr M Marshall, Licensing Authority
Other Parties
None
Time permitted to speak
Having considered the written representation, it was agreed to allow a period of fifteen minutes for all parties
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:35 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by the applicant, their representative and the Objectors both in person at the hearing and in writing. This was considered in conjunction with the Council's Licensing Policy and the Secretary of State's guidance.
The Panel considered that it would not proportionate to refuse the proposed variation of the licence for Star Grocers but that the application be granted subject to the conditions already agree with Lancashire Constabulary and the following additional conditions:
1. That a maintenance contract be in place for the CCTV system which ensures that the recording equipment and cameras are checked by a competent person at least twice annually.
2. A public bin to be installed outside the premises which is to be emptied when appropriate.
3. Prior to closing the licence holder will ensure that any bottles, cans or rubbish clearly purchases from the premises that have been discarded in the immediate vicinity be removed and cleared away.
PANEL DECISION
That the application for the variation of the premises licence for Star Grocers, 89 Bond Street, be granted subject to the conditions as outlined.
The Application
The application for consideration relates to Star Grocers, 89 Bond St. Blackpool.
The designated premises supervisor is currently Mrs Thanuja Peethamparam.
The application is to vary the shop opening hours for alcohol off sales to be
Mon -Sun 8:00 to 23:30.
The current hours are:
Mon-Sat 8:00 to 23:00
Sundays 10:00 to 22:30
It is also proposed that the shop be open to the public for general sales 07:00 to 23:30 every day.
A copy of the application is attached
The Applicant
Application is made by the joint premises licence holders:
Mr Nagaratnam Peethamparam and Mrs Thanuja Peethamparam
Relevant Representations
The licensing Service received representations from members of the public as follows:
Mr & Mrs Yarnell, Mr & Mrs Colbeck, Mr A Colbeck.
The licensing Authority have also made representation.
Copies of these representations are attached.
Local Policy Considerations
Statement of Licensing Policy
3.5 Operating Hours
Appendix B The Prevention of Public Nuisance - Guiding Principles.
National Guidance
None
Observations
Lancashire Constabulary negotiated amendments to the application without recourse to objection. These agreements will form conditions additional conditions if the application is granted.
CCTV will be installed internally and externally at the premisesand will comply with the following:
The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All public areas of the premises are to be covered by the system.
The system will display on any recording the correct time and date of the recording.
The system will make recordings during all hours the premises are open to the public.
VCR tapes or digital recordings shall be held for a minimum of 31 days or 21 days respectively after the recording is made and will be made available to the Police or any authorised persons acting for a responsible authority for inspection upon request.
The system will as a minimum record images of the head and shoulders of all persons entering the premises.
A staff member who is conversant with the operation of the CCTV system will be on the premises at all times the premises are open to the public. This staff member will be able to show the police recent data or footage with the absolute minimum of delay when requested.
An incident book will be maintained in which shall be recorded:
All incidents of crime and disorder.
Refused sales to suspected under age/ drunken persons.
A record of any person refuses admission or asked to leave the premises.
Details of occasions upon which the Police are called to the premises.
That book shall be avaialable for inspection by a Police officer or authorised officer of a responsible authority.
At least one personal licence holder shall be available (this does not necessarily mean present at the premises) at all times alcohol is on sale.
Refresher training will take place at 3 monthly intervals. The training will be documented and made available to the authorities on request.
Only people over the age of 18 years will be allowed to make sales of alcohol to the public.
A challenge 25 policy will be in place and signs promoting the policy will be prominently displayed on the premises.
The licence is currently conditioned as follows:
Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.
b) On Sundays, other than on Christmas Day, 10 a.m. to 10.30 p.m.
c) On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
d) On Good Friday, 8 a.m. to 10.30 p.m.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) The sale of alcohol to a trader or club for the purposes of the trade or club;
d) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air force;
2 Alcohol shall not be sold in an open container or be consumed in the licensed premises.
3 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
or
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
4 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.
Background Papers
None
Determination
Members are requested to determine the application.
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Cllr Smith, in the Chair Cllrs Elmes and Hutton
Declarations of Interests
Cllrs Elmes and Smith both declared that they were members of Planning Committee but that they had never considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Democratic Services Team Leader
Applicant/Applicant's Representative(s) in attendance
Mr T Colebourne, Applicant's Solicitor
Mr N Peethamparam, Licence Holder
Mrs T Peethamparam, Designated Premises Supervisor
Representors
Mr M Marshall, Licensing Authority
Other Parties
None
Time permitted to speak
Having considered the written representation, it was agreed to allow a period of fifteen minutes for all parties
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
10:35 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by the applicant, their representative and the Objectors both in person at the hearing and in writing. This was considered in conjunction with the Council's Licensing Policy and the Secretary of State's guidance.
The Panel considered that it would not proportionate to refuse the proposed variation of the licence for Star Grocers but that the application be granted subject to the conditions already agree with Lancashire Constabulary and the following additional conditions:
1. That a maintenance contract be in place for the CCTV system which ensures that the recording equipment and cameras are checked by a competent person at least twice annually.
2. A public bin to be installed outside the premises which is to be emptied when appropriate.
3. Prior to closing the licence holder will ensure that any bottles, cans or rubbish clearly purchases from the premises that have been discarded in the immediate vicinity be removed and cleared away.
PANEL DECISION
That the application for the variation of the premises licence for Star Grocers, 89 Bond Street, be granted subject to the conditions as outlined.
