Agenda item

The purpose of the report is to enable the Sub-Committee to consider an application from Mrs Sutharsini Siuaydgianathan for a new premises licence for Cranleigh Food and Wine, Cranleigh, Surrey GU6 7AE, where 17 relevant representations have been received. 

Recommendation

The Sub-Committee is requested to consider the application for a premises licence on its merits.

Section 35(3) Licensing Act 2003 provides that the Sub-Committee, having regard to the relevant representations made, must take such of the following steps (if any) as it considers appropriate for the promotion of the licensing objectives:

·        To grant the licence subject to such conditions as are consistent with the operating schedule modified to such extent as the Sub-Committee considers appropriate for the promotion of the licensing objectives, and any mandatory conditions;

·        To exclude from the scope of the licence any of the licensable activities to which the application relates;

·        To refuse to specify a person as the premises supervisor;

·        To reject the application.

The Sub-Committee received a report outlining an application for a new premises licence for Cranleigh Food and Wine, Ewhurst Road, Cranleigh. The application had received 17 relevant representations from ‘other persons’ but none had been received from responsible authorities.

The application sought a licence that would authorise the sale of alcohol for consumption off the premises only at the times shown below.

Sale of Alcohol: (Off the premises only)

0800 to 2300 Monday to Saturday

0800 to 2230 Sunday

Opening hours:

0800 to 2300 Monday to Sunday

During the hearing the Licensing Manager confirmed with the applicant that the opening hours on Sundays should be 0800 to 2230 to correspond with the hours for the sale of alcohol.

The Licensing Manager informed the Sub-Committee that in addition to the 17 representations set out in the report, one representation in support had been received which had been accidentally omitted from the agenda papers. A further two objections had been received after the deadline for representations, however the applicant agreed that these could be considered by the Sub-Committee. These representations are attached as an annexe to these minutes.

The Sub-Committee invited the applicant to outline their application. They explained that proposed sale of alcohol at the store would complement the sale of convenience foods at the store, as well as at nearby takeaways. The family currently ran a similar convenience store in Farncombe and would utilise the experience gained at this store at their new premises. The Sub-Committee asked the applicant to approximate what percentage of sales would be alcohol in comparison with food. The applicant responded that they expected around 90% of sales to be convenience food (milk, bread newspapers, etc.) and 10% to be alcohol.

Members asked the applicant to explain what measures would be put in place to protect children and prevent public nuisance and crime. The applicant referred to the information supplied with their application, and added that they had been running a convenience store in Farncombe for 10 years and was always careful to check young people’s IDs. The applicant also stated that they would be willing to install CCTV cameras outside of the store help deter public nuisance and crime.

Five of the objectors were present at the meeting and nominated one person to summarise their concerns. She explained that while she admired the applicants’ entrepreneurial spirit, the objectors felt that this location was not appropriate for this type of business. There had been reports of burglaries and thefts from other shops in Cranleigh, and the objectors felt that this store, in a more isolated location, would be vulnerable to crime. There were also concerns raised over inappropriate parking and increased levels of noise and litter.

Following the conclusion of questions, at 10.49am, the Sub-Committee withdrew to consider the application. The Sub-Committee reconvened at 11.36am and the Council’s Solicitor confirmed he had been asked to advise the Sub-Committee during their deliberations on the wording of their decision which was as follows:

The Sub-Committee carefully considered the application for a new premises licence, taking into account the representations received, statutory guidance and the Council’s Statement of Licensing Policy 2013-2018.

During the hearing, the Sub-Committee had heard from the applicants that the opening times on Sundays would be 0800 to 2230 to correspond with the hours for the sale of alcohol.

On the balance of probabilities the Sub-Committee found that on the evidence before them the application could be granted. The Sub-Committee had fully considered the views of the objectors and sympathised with their concerns that public nuisance problems could arise through increased levels of noise and litter, as well as public safety concerns relating to parking. The Sub-Committee, however, did not consider that there was sufficient substantiated evidence to reject or amend the application.

The Sub-Committee noted that Surrey Police, the responsible authority for Crime and Disorder, had proposed a number of conditions to be added to the licence and that these had been accepted by the applicant. In view of this, Surrey Police had not raised any objection to the application.

The Sub-Committee was conscious that should there be any cause for concern in the future, legislation allows for members of the community and responsible authorities to contact their licensing authority with complaints over the operation of the premises, leading to a possible review of the licence in the future.

The Sub-Committee advised all parties that they had a right of appeal with the Magistrates’ Court within 21 days of the decision being received in writing.