COSTCUTTER,
90 PENRHYN AVENUE, MAESGEIRCHEN, BANGOR
To consider
the above application
Minutes:
Everyone
was welcomed to the meeting by the Chairman, Councillor Eryl Jones-Williams.
The panel and the officers were introduced to everyone present. It was
announced that everybody had up to 10 minutes to share their observations on
the application.
APPLICATION
FOR A PREMISES LICENCE – COST CUTTER, 90 PENRHYN AVENUE, MAESGEIRCHEN, BANGOR
On behalf
of the premises: Mr M Shoker and Mr Williams (applicants)
Others in
attendance: Councillor Chris O'Neal (Local Member)
The report
and recommendation of the Licensing Section.
a) Submitted
– the report of the Licensing Manager giving details of the application for a
premises licence for Costcutter, 90 Penrhyn Avenue, Bangor, expanding that the application was
for a one-storey convenience store that would sell alcohol to be consumed
off-premises. It was noted that the applicant had included appropriate steps to
promote the four licensing objectives as part of the application. It was added
that there was a club premises certificate for the building that had come to an
end in November 2015.
Following a consultation period, it was noted
that no observations had been received from the Environmental Health Service
nor the Fire and Rescue service and that North Wales Police had not given
observations within the allotted time. Two objections to the application had
been received from Bangor City Council and a Local Member because the hours for
the sale of alcohol were excessive. The objections were based on the licensing
objectives of Preventing Public Nuisance, the Prevention of Crime and Disorder,
Public Safety and the Protection of Children from Harm. It was noted that the
applicant had been in talks with the police and had considered adjusting the
premises' closing time to 1:00am.
In considering the application, the following
procedure was followed:-
• Members
of the Sub-committee and the applicant were given an opportunity to ask
questions of the Licensing Manager.
• The applicant was invited to expand
on the application.
• Consultees
were given an opportunity to submit their observations.
• The
licensee, or his representative, was invited to respond to the observations.
• Members
of the Sub-committee were given an opportunity to ask questions of the
licensee.
• Members
of the Sub-committee were given an opportunity to ask questions of the consultees.
b) In
response to a question regarding another Local Member for the Marchog ward, it was noted that Councillor Nigel Pickavance
(Marchog 2 Member) had had an opportunity to submit
observations but none had been received.
c) In
response to a question regarding the opening times of other shops in the area,
the Licensing Manager confirmed that 'The Stores' was open 8 - 11pm (Monday to
Saturday) and 10 - 11pm (Sunday) and that the 'Corner Shop' was open 8am - 8pm
(Monday to Sunday).
ch) In
elaborating on the application, the applicant noted that he was happy with what
had been submitted and endorsed the following observations of his intention:
• The shop was a new building - a good
investment for the area
• The shop offered a service to local
residents
• A cafe would be part of the premises
• He had a good relationship with the
police
• It
was intended to install a CCTV system of the best quality. 64 cameras had been
recommended - this was approved by the police. It was noted that a record would
be kept for 30 days and staff would receive appropriate training (a training
package provided by Gwynedd Council)
• Jobs were being created locally
• Did
not anticipate any problems - the intention was to run a professional business
• Already running similar successful
businesses
d) In
response to a question regarding the cafe, it was noted that the cafe's opening
hours had not been confirmed and alcohol would not be served in the cafe. It
was confirmed that the cafe was part of the shop - the premises had one entrance.
The aim was to create an area within the shop for approximately 35 people to
enjoy light meals.
dd) Bangor City Council's observations were
acknowledged:
e) Taking
advantage of the right to speak, the local member (Marchog
1), Councillor Chris O'Neal, noted that he had no doubts about the shop's
standards. His only objection and concern was that alcohol was for sale at
6:00am.
Observations
noted:
• The property was located at the heart
of the community
• School
buses collected many school children outside the property therefore it would
obviously be busy in the morning
• Did
not want to see children mixing with people buying alcohol early in the day
• Concern regarding selling alcohol to
children under eighteen
• CCTV does not prevent disorder
• The
biggest estate in the County with a history of problems - did not want to encourage
new problems
• Proposal to consider selling alcohol
from 9:00am
• He had no objection to the late night
hours for selling alcohol
Councillor O'Neal asked for an explanation from
the solicitor about the legality of the application in light of the fact that
Sections I and L of the application form had not been completed. The Solicitor
noted that the applicant had not noted that they were making an application to
provide late night refreshments so it appeared that they would not need to
complete Section I. Section L was for information only and technically it was
not required for the application as the opening hours to the public was not a
licensable activity under the 2003 Licensing Act.
f) In
summarising his application, the applicant noted that the building was empty
and he was investing money in the community and the local area. He noted that
he had a similar shop in Bodedern and there were no
problems with the opening times there.
ff) The
Licensing Manager confirmed that the plan for the new building was for a shop.
A brief plan of the shop was attached to the application and the application
was discussed based on this plan. If anything were to change in the plan for
the shop, it was explained that an application to vary a premises licence would
have to be submitted. It was confirmed that the Sub-Committee had made a
decision on the plan, which was part of the application.
g) A
request was made for the applicant to ensure that there were enough bins outside
the shop to prevent litter.
h) The relevant parties left the meeting.
i) The
members of the Sub-committee discussed the application, considered all the
evidence submitted, and gave particular attention to the principles of the
Licensing Act 2003, namely -
• Crime and Disorder
• Public Safety
• Preventing Public Nuisance
• Protection of Children from Harm
The Sub-committee was willing to approve the
licence in line with the application. It was noted that there was insufficient
evidence that the licence would contribute to the principles of the 2003
Licensing Act and it was not possible to make presumptions about possible
situations when considering the case. The applicant was asked to collaborate
with North Wales Police and the Fire and Rescue Service, and if problems arose
in future it would be possible to make an application for a review.
RESOLVED to approve the application for a
premises licence. The licence was issued in line with the applications but was
subject to the following:
1. In
line with the application at the hearing, a final time of 1:00 Monday-Friday was
set for providing alcohol off-premises.
2. The
following were incorporated as conditions in relation to Closed Circuit Television:
a. Closed circuit television records to be
kept for 30 days
b. Staff
would receive appropriate training on the Closed Circuit Television system, in
line with the training package provided by Gwynedd Council.
The Solicitor reported that the decision would
be confirmed formally by a letter sent to everyone present. He also notified
that they had the right to appeal the decision within 21 days of receiving the
letter.
The meeting commenced at 2.30pm and concluded
at 3.30pm
Supporting documents: