D H
CONVENIENCE STORE, 109 HIGH STREET, BANGOR, LL57 1NS
To consider
the above application
Minutes:
APPLICATION TO VARY A
PREMISES LICENCE – D H Convenience Store, 109 High Street, Bangor, LL57 1NS.
The panel and the officers
were introduced to everyone that was present and it was announced that everyone
had up to 10 minutes to share their observations on the application.
On behalf of
the premises: Mr David James Hughes and Carla
Cordeiro
Others
invited: Donna
Evans (Fair Trading Officer - Gwynedd Council)
Ian Williams (North Wales
Police)
a)
The report and
recommendation of the Licensing Section
Submitted – the
report of the Licensing Manager giving details of the application for a
premises licence for D H Convenience Store, 109 High Street, Bangor, in
relation to the sale of alcohol to be consumed off the premises, recorded music
(background music in the shop) and showing of films. The right was sought to
supply alcohol between 8:00am and 11:00pm, 7 days a week.
Reference was made
to the measures recommended by the applicant to promote the licensing
objectives along with the responses that were received during the consultation
period. It was noted that neither the Police nor Gwynedd Council Trading
Standards objected to the application, but had submitted observations. It was
reported that the applicant had agreed, following a visit to the site from the
Police, that there was no need to include some licensable activities, namely
the showing of films and recorded music, in the application. The applicant also
agreed to operate Challenge 25 along with accepting CCTV conditions on the
licence. In the context of the Gwynedd
Council Trading Standards' observations and recommendations, it was noted that
the applicant was subject to a current investigation by service officers and
that this was relevant to the licensing objective of preventing crime and
disorder.
b)
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.
c)
In elaborating on the application, Ms Cordeiro
noted on behalf of the applicant that she was happy with what had been
submitted and corroborated the following observations:
·
That they agreed with the observations and
recommendations of the Police and would operate Challenge 25 and install CCTV
·
Their intention would be to sell alcohol to drink
outside the premises
·
The trading standards service's investigation was
related to illegal tobacco
·
There would not be any nuisance behaviour permitted
on the premises
·
Anyone under the influence of alcohol would be sent
out - no tolerance
·
Satisfied with the content of the application
In response to a
question, it was confirmed that they would remove playing films and music from
the application. In response to an observation about how to prevent selling
alcohol to under age individuals, it was noted that they would monitor regular
customers with different buying patterns and ask to see their I.D. that
highlights their date of birth.
ch) Taking
advantage of the right to speak, the Licensing Officer noted, on behalf of the
Police, the following observations:
·
Confirmed that he had discussed the application
with the applicant and that the applicant had agreed to the Challenge 25 and
CCTV conditions, ensuring that images / recordings of the CCTV would be
available if needed.
·
That the background music and films were occasional
therefore did not need a licence
·
That the sale of alcohol from 8am was common by
now, in terms of hours
·
That the investigation, related to illegal tobacco,
had come to the attention of the Police in November 2015. It was related to a
significant amount of illegal tobacco
In response to a
question, the Officer noted that the Police had investigated the accusation of
the possession of illegal tobacco that did not have a warning in English on the
packets, and had decided not to proceed with the case. Therefore, from the
viewpoint of the Police, the case was closed.
In response, the
applicant noted that the tobacco had been bought from Pwllheli Market and that,
unbeknown to them, it was illegal. The tobacco was not sold on and that selling
cigarettes and tobacco in the shop was not an intention at the moment because
of high costs. This would be reviewed in the future.
In response to the
comments, the Trading Officer noted that their investigation was ongoing because
the Trading Standards Enforcement Act was different from the Police Acts. It
was highlighted that a meeting was arranged with Mr Hughes and that a decision
was likely to be made within the next few weeks.
d)
In summarising the application, the applicant noted
·
That she was happy with the observations
·
That they intended to keep the area outside the
shop clean and tidy
·
Their hope was to build a successful business
dd) Members of the
Sub-committee discussed the amended 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
along with the Home Office guidelines and the
Council's licensing policy.
RESOLVED to
approve the amended application for selling alcohol only and
to include CCTV
conditions as recommended by the Police.
The observations
of the Trading Standards Services for an investigation was taking place into
allegations that the applicant had been selling counterfit tobacco and that the
tobacco was sold without a warning in English on the packets were considered.
Whilst the Sub-committee accepted that these issues might be relevant to the
objectives of preventing crime and disorder and protecting public safety, they
were no more than allegations at this time. The Sub-committee was of the
opinion that if the applicant was found guilty of such allegations, this would
not necessarily be relevant to the sale of alcohol. Under these circumstances,
the Sub-committee was not of the opinion that the investigation that was
ongoing for crimes of selling counterfit tobacco justified refusing the
application to sell alcohol. It was noted, however, that if there was such a
conviction against the applicant by the Court, anyone would be able to apply to
revise the licence.
The Solicitor reported that
everyone present would receive formal confirmation of the decision by letter.
He also notified that they had the right to appeal the decision within 21 days
of receiving the letter.
It was noted that
appeal provisions did not apply to Trading Standards because they are part of
the same body with the licensing authority.
The
meeting commenced at 10:00am and concluded at 10:50am.
Supporting documents: