Agenda item

CLYNNOG PETROL STATION AND SHOP,  ANNWYLFA GARAGE, CLYNNOG FAWR, CAERNARFON, GWYNEDD LL54 5PF

 

To consider the application

DECISION: ⁠To approve the application

Opening Hours:

Sunday 00:00 — 23:59 

Monday 00:00 — 23:59 

Tuesday 00:00 — 23:59 

Wednesday 00:00 — 23:59 

Thursday 00:00 — 23:59 

Friday 00:00 — 23:59 

Saturday 00:00 — 23:59

 

Licensable Activities:

Supply of Alcohol: Off the premises

 

Sunday 06:00 - 00:00

Monday 06:00 - 00:00

Tuesday 06:00 - 00:00

Wednesday 06:00 - 00:00

Thursday 06:00 - 00:00

Friday 06:00 - 00:00

Saturday 06:00 - 00:00

 

The additional measures, as set out in part M of the application and which were agreed at the hearing are to be included as conditions which includes the following:

 

·        To install and maintain a comprehensive internal and external CCTV system with recordings to be stored for a minimum of 30 days

• Fire safety equipment to be installed and maintained
• Staff Training in alcohol sales and safety procedures
• Adequate bins
• In house accident book
• Challenge 25 Policy as well as till prompts; ‘Till prompt’ to be used for all age-restricted products
• Register of refusal of sales to be kept and maintained on the premises
• Spirits to be located behind the counter and alcohol to be stored away from the entrance
• No drink driving warnings to be displayed on the premises
• Staff Training of refusing sales to those under the influence of alcohol
• Signs on the premises noting that alcohol will not be sold to those under the influence.

 

The Chair welcomed everyone to the meeting.

 

a)     The Licensing Department's Report

 

The Head of Environment Department's report was submitted, providing details on an application for a property licence from Sterling Petroleum Ltd. It was explained that the property would operate as a convenience store with a petrol station, and provision to sell alcohol off the premises.

 

It was noted that the Licensing Authority's Officers had sufficient evidence that the application had been submitted in accordance with the requirements of the Licensing Act 2003 and the relevant regulations. Reference was made to the measures recommended by the applicant to promote the licensing objectives, and it was highlighted that these measures would be included on the licence.

 

The officers, in accordance with the Licensing Act 2003, recommended that the Sub-committee considered the responses and approved the application in accordance with the compromise of the operating hours that the applicant had agreed to in response to comments from the Betsi Cadwaladr University Health Board (BCUHB) Public Health, and in accordance with the requirements of the Licensing Act 2003.

 

b)     In considering the application, the following procedure was followed:-

·        Members of the Sub-committee to be given an opportunity to ask questions of the Council’s representative.

·        At the Chair’s discretion, the applicant or his/her representative to ask questions of the Council’s representative.

·        The applicant and/or his/her representative to be invited to expand on the application and to call witnesses.

·        Members of the Sub-committee to be given the opportunity to ask questions of the applicant and/or his/her representative. 

·        At the Chair's discretion, the Council’s representative to ask questions of the applicant or his/her representative.

·        Every Consultee to be invited to support any written representations.

·        The Council’s representative and the applicant or his/her representative to be given the opportunity to summarise their case.

·        The legal officer to summarise the requirements of the application.

 

In response to a question regarding the 24-hour availability of alcohol in a similar property in the area, it was noted that the only property was a supermarket in Bangor.

 

c)     Elaborating on the application, the applicant's representative noted the following comments:

·        That the company has many locations across the country

·        That all locations have a garage, convenience store

·        That the application, for the 24-hour sale of alcohol, matched the shop's opening hours, which would make managing and implementing the business more effective

·        That the company has a good management structure, with Area Managers willing to work with local residents and the Local Authority to meet the licensing objectives

·        Dependent on the area or the neighbourhood, that some locations, that are open after 23:00 have a night window and / or additional safety measures, but others have their doors open for customers

·        The company has a vast experience of managing 24/7 alcohol licences, and that they can offer support to the Policy by providing CCTV, and a way of keeping the neighbourhood safe

·        Safety measures will be followed and implemented to protect the public

·        That there is a detailed training programme for staff

·        That the conditions proposed are acceptable

·        Willingness to consider the BCUHB Public Health conditions, although no evidence had been presented to not approve the licence as submitted

·        Encouraged the Sub-committee to make an evidence-based decision

 

In response to a question regarding the number of complaints that the company had received for 24-hour sites, it was noted that the number of complaints had reduced since Covid-19.

 

In response to an observation that the applicant had considered the observations of the BCUHB Public Health to reduce the licensing hours from 06:00 - 22:00, whether the applicant consider a further reduction to open at 08:00 given that Clynnog is a small, rural village, the applicant's representative noted that the wish was to open a 24-hour shop and have a corresponding alcohol licence as that was easier to manage and avoids complexity. However, he was willing to accept the Sub-committee's decision.

 

ch)       Taking advantage of the opportunity to conclude her case, the Licensing Manager noted that Public Health's observations were valid and had been supported by thorough evidence. She also noted that the company was an experienced company, and their application clearly outlined their intention of managing risk against the licensing objectives.

 

Taking advantage of the opportunity to conclude their case, the applicant's representative noted the following observations:

·        The company supported the local area

·        Willing to promote the licensing objectives

·        That they respected BCUHB Public Health's observations and the Local Authority

·        As a business, they had no intention to undermine the Local Authority

 

d)       The Legal Officer took the opportunity to summarise the requirements of the application;

·        An application had been submitted for a 24-hour, 7 days a week licence

·        The applicant had stated a willingness in principle to reduce the hours of selling alcohol to 06:00 - 22:00, from Monday to Sunday

 

   dd)    The applicant's representative and the Licensing Manager withdrew from the meeting while the members of the Sub-committee discussed the application.

 

In reaching its decision, the Sub-committee considered the applicant's application form, the written observations submitted by interested parties, the Licensing Officer's report, together with the verbal representations from each party present at the hearing. The Council's Licensing Policy and Home Office guidelines were considered. The Sub-committee gave due consideration to all the observations and weighed these up against the licensing objectives under the Licensing Act 2003, namely:

 

a. Prevention of crime and disorder

b.     Prevention of public nuisance

c.  Ensuring public safety

d.  Protection of children from harm

 

Observations submitted which were irrelevant to the above objectives were disregarded.

 

RESOLVED: To approve the application

 

Opening Hours:

Sunday 0:00 - 23:59

Monday 0:00 - 23:59

Tuesday 0:00 - 23:59

Wednesday 0:00 - 23:59

Thursday 0:00 - 23:59

Friday 0:00 - 23:59

Saturday 0:00 - 23:59

 

Licensable Activities: The sale of alcohol: Off the premises

 

Sunday 06:00 – 00:00

Monday 06:00 – 00:00

Tuesday 06:00 – 00:00

Wednesday 06:00 – 00:00

Thursday 06:00 – 00:00

Friday 06:00 – 00:00

Saturday 06:00 – 00:00

 

The additional measures, as set out in section M of the application, to be included as conditions on the licence:

·        Install and maintain a comprehensive external and internal CCTV system, with recordings to be stored for at least 30 days

·        Fire safety equipment to be installed and maintained;

·        Staff training in alcohol sales and safety procedures;

·        Sufficient bins

·        Internal accident book

·        Train staff on implementing the Challenge 25 scheme. A 'till prompt' to be used for all age-restricted products

·        A sales refusal register to be kept and maintained on the property

·        Spirits to be located behind the counter and alcohol to be stored away from the entrance

·        No drink-driving warnings to be displayed on the site

·        Training on refusing sales to those under the influence of alcohol

·        Signs on the premises noting that alcohol will not be sold to those under the influence.

 

In the context of Crime and Disorder Prevention, no observations or evidence had been submitted which related to this principle.

 

In the context of matters of Public Safety, no observations or evidence had been submitted which related to this principle.

 

In the context of Prevention of Public Nuisance, observations and objections were received from the BCUHB Public Health highlighting concerns relating to the availability of alcohol for significantly extended opening hours which would influence the use levels, drinking patterns and alcohol-related harm. In addition, concerns were raised about the potential increase in offences related to driving under the influence of alcohol and public nuisance due to cars arriving at the site late at night or early in the morning which would potentially lead to light pollution and noise nuisance to nearby residents. The concerns were amplified by the fact that Clynnog Fawr was a deprived area and a very rural village with the proposed site located in a residential area.

 

The Sub-committee accepted that the applicant had considered a compromise of the potential reduction in the hours of selling alcohol which could, in principle, alleviate some of the concerns raised by the BCUHB Public Health. The hours proposed by the BCUHB Public Health was 06:00 to 22:00. It was acknowledged that the applicant had also requested that the Sub-committee considered the application as it was originally submitted.

 

Despite receiving the BCUHB Public Health's concerns and observations, the Sub-committee did not consider that the evidence submitted was sufficient and it did not highlight that the levels of use and associated problems would arise from this specific location, given that other sites in the County, especially petrol stations with a convenience store operated similar hours. The Sub-committee also noted that no objections or observations had been received from residents or nearby properties. The Sub-committee proposed that the hours should be amended to 6:00 - 00:00.

 

As with any other application, if any problems arose in connection with the Licensing principles, the Act would allow a licence to be referred for review by the Licensing Authority.

 

In the context of Protecting Children from Harm, the applicant had provided details regarding the steps to take to ensure that alcohol would not be sold to minors, and these steps would be included as conditions on the licence.

 

The Solicitor reported that the decision would be formally confirmed by letter to everyone who had submitted written observations. It was added that all parties to the application had the right to submit an appeal to Caernarfon Magistrates' Court against the Sub-committee's decision. Any such appeal should be lodged by giving notice of appeal to the Chief Executive, Llandudno Magistrates’ Court, Llandudno within 21 days of the date that the appellant receives the letter (or a copy of the letter) confirming the decision.