Meeting documents
Licensing Decisions
Monday, 24th March, 2014
KP Stores
The Application
On 3rd February 2014, the Licensing Service received an application to licence KP Stores, 326 Talbot Road Blackpool. The application requests permission to sell alcohol for consumption off the premises 06.00 - 00.00 hours daily.
The original application nominated Mrs Niranshana Sureshkumar as designated premises supervisor. On 19th February 2014, the Licensing Service received an application to vary the designated premises supervisor to Prabaharan Thirunavukkarasu
A copy of the premises licence application is attached,
The Applicant
The application has been submitted by Prabaharan Thirunavukkarasu
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
This premises is in Claremont Ward which is part of the off licence saturation area. This creates a presumption that the application will be refused. To rebut this presumption, the applicant is expected to show through the operating schedule, and where appropriate with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced.
The statement of licensing policy also goes on to say that applicants for licences within the off-licence saturation area will be expected to cover the issues detailed below in their operating schedule. Failure to do so may result in refusal of the application:
1. Details of the proof of age scheme to be implemented and proposals for staff training;
2. Percentage of premises to be used for the sale of alcohol, including details of other items to be sold;
3. The applicant's policy on the sale of low value/high alcohol products and any drinks discounting that would be adopted.
National Guidance
Section 13 - cumulative impact.
This premises was previously licensed as Shop Locally. The licence was revoked by a licensing panel on 17th December 2013 following a review application submitted on behalf of the licensing authority.The licence holder at that time was Armirthanlingham Kesayaraj
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Brown and Elmes
Declarations of Interests
Councillors Brown and Elmes both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr P Thirunavukkarasu, applicant
Mr K Suresh, the applicant's agent
Representors
PC L Evans, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:35 AM
Time Hearing Terminated
11:18 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to licence KP Stores and the written representation from Lancashire Constabulary in relation to the application. It also noted the additional evidence submitted by the Applicant after the agenda had been dispatched.
The Panel also considered the representations made at the meeting by the Applicant, the Applicant's Agent on behalf of the Applicant and PC L Evans on behalf of Lancashire Constabulary.
The Panel considered additional documentation submitted by the Applicant in the form of suggested conditions that could be attached to the Premises Licence should the application be granted as recommended by Lancashire Constabulary. The Applicant confirmed his agreement to all the proposed conditions with the exception of the prevention of the sale of single cans of beer or cider. The Applicant proposed an additional condition relating to restriction of the sale of beer and cider greater than 5.5% alcohol by volume level. The Panel also noted that the proposed conditions as accepted by the Applicant would reduce the number of hours that alcohol could be sold at the Premises.
The Panel had regard to Council's Statement of Licensing Policy in relation to applications within the off-licence saturation area. It also noted that the proposed Designated Premises Supervisor had only recently been granted a Personal Licence for the sale of alcohol.
The Panel, having carefully considered all the evidence before it, agreed that it was necessary and appropriate to refuse the application to licence KP stores on the grounds that the premises was within the Council's saturation area and the Applicant had failed to demonstrate sufficiently that the application if granted, even with the additional proposed conditions, would not add to the cumulative impact already experienced in that area.
PANEL DECISION
That the application to licence KP Stores be refused.
The Application
On 3rd February 2014, the Licensing Service received an application to licence KP Stores, 326 Talbot Road Blackpool. The application requests permission to sell alcohol for consumption off the premises 06.00 - 00.00 hours daily.
The original application nominated Mrs Niranshana Sureshkumar as designated premises supervisor. On 19th February 2014, the Licensing Service received an application to vary the designated premises supervisor to Prabaharan Thirunavukkarasu
A copy of the premises licence application is attached,
The Applicant
The application has been submitted by Prabaharan Thirunavukkarasu
Relevant Representations
Representations have been received from Lancashire Constabulary
Local Policy Considerations
This premises is in Claremont Ward which is part of the off licence saturation area. This creates a presumption that the application will be refused. To rebut this presumption, the applicant is expected to show through the operating schedule, and where appropriate with supporting evidence, that the operation of the premises will not add to the cumulative impact already being experienced.
The statement of licensing policy also goes on to say that applicants for licences within the off-licence saturation area will be expected to cover the issues detailed below in their operating schedule. Failure to do so may result in refusal of the application:
1. Details of the proof of age scheme to be implemented and proposals for staff training;
2. Percentage of premises to be used for the sale of alcohol, including details of other items to be sold;
3. The applicant's policy on the sale of low value/high alcohol products and any drinks discounting that would be adopted.
National Guidance
Section 13 - cumulative impact.
Observations
This premises was previously licensed as Shop Locally. The licence was revoked by a licensing panel on 17th December 2013 following a review application submitted on behalf of the licensing authority.The licence holder at that time was Armirthanlingham Kesayaraj
Background Papers
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Brown and Elmes
Declarations of Interests
Councillors Brown and Elmes both declared that they were Members of the Planning Committee but had not considered a planning application in respect of these premises.
Panel Advisers
Mrs S Davies, Principal Solicitor Licensing
Mrs B Jarvis, Clerk to the meeting - Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr P Thirunavukkarasu, applicant
Mr K Suresh, the applicant's agent
Representors
PC L Evans, Lancashire Constabulary
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen minutes for both parties.
Time Hearing Commenced
10:35 AM
Time Hearing Terminated
11:18 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the application to licence KP Stores and the written representation from Lancashire Constabulary in relation to the application. It also noted the additional evidence submitted by the Applicant after the agenda had been dispatched.
The Panel also considered the representations made at the meeting by the Applicant, the Applicant's Agent on behalf of the Applicant and PC L Evans on behalf of Lancashire Constabulary.
The Panel considered additional documentation submitted by the Applicant in the form of suggested conditions that could be attached to the Premises Licence should the application be granted as recommended by Lancashire Constabulary. The Applicant confirmed his agreement to all the proposed conditions with the exception of the prevention of the sale of single cans of beer or cider. The Applicant proposed an additional condition relating to restriction of the sale of beer and cider greater than 5.5% alcohol by volume level. The Panel also noted that the proposed conditions as accepted by the Applicant would reduce the number of hours that alcohol could be sold at the Premises.
The Panel had regard to Council's Statement of Licensing Policy in relation to applications within the off-licence saturation area. It also noted that the proposed Designated Premises Supervisor had only recently been granted a Personal Licence for the sale of alcohol.
The Panel, having carefully considered all the evidence before it, agreed that it was necessary and appropriate to refuse the application to licence KP stores on the grounds that the premises was within the Council's saturation area and the Applicant had failed to demonstrate sufficiently that the application if granted, even with the additional proposed conditions, would not add to the cumulative impact already experienced in that area.
PANEL DECISION
That the application to licence KP Stores be refused.
