To consider an application for a new premises licence in respect of ‘Forge Filling Station, Wormbridge, Hereford. HR2 9DH’.

Members of the licensing sub committee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Emma Bowell, Technical Licensing Officer, presented the report and it was noted that a site visit had taken place on 14 February 2019.  

Trading standards confirmed that their representation was now withdrawn as the conditions had been agreed. 

The licensing officer outlined the licensing authority’s objection to the application and highlighted the following:

·        The objection was a point of law and in particular section 176 of the Licensing Act 2003.  

·        In order for a licence to be granted at a garage, it had to be demonstrated that the primary use of the garage was for the sale of non-fuel items.  

·        There were stated cases which the subcommittee needed to take into account and these were listed in the agenda papers for this item.

·        The view of the licensing authority was that the figures supplied by the applicant indicated that the primary use of the premises was as a petrol station.

·        The petition which had been submitted by the applicant was not relevant to the application.   

·        That it was disappointing that the agent for the applicant had not engaged with the licensing authority.    If the applicant’s agent had contacted the licensing authority, a licensing sub committee meeting may have been avoided.

Mr Nick Semper, the applicant’s agent then addressed the committee and highlighted the following:

·        The grocery side of the business had expanded and would probably expand further as there were approximately 120 houses due to be built in the area.

·        There are other businesses on the site and there was not just a convenience store.

·        There was public support for the application which included Kilpeck Parish Council.  There were no public objections to the applications. 

·        The licensing authority had used snapshots of the data supplied which were not representative to the usage of the premises.      The dates selected by the licensing authority were a Friday, Saturday and Monday which included days when families traditionally do not use a local shop but go to a large supermarket.

·        The Forge Filling Station’s primary use was as a grocery store and not a garage.    Based on the details provided by the applicant 80.2% of the transactions were for non-fuel items. 

·        It was the intensity of sales which should be calculated and not the gross sales.  

·        There was ample parking at the Forge Filling Station.

·        The sub committee should treat the Forge Filling Station the same as other premises in the county. 

Following questions, it was confirmed:

·        On appendix 7, the figure on the left hand side under each category of sales represented the number of transactions.

·        The percentage of sales for fuel on 13 July 2018 equated to approximately 70% of the sales.

·        It was estimated that the sale of animal feed would be 8% but accurate records are not kept. 

·        The monthly accounts do account for each transaction but do not show in the figures until the account is settled. 

·        The alcohol would be stored in a secure area which had been alarmed and CCTV had been installed.    Anti-burglary glass was being installed. 

·        There would be a small dedicated area for alcohol.  It was anticipated that the premises would be stocking local alcoholic products

·        Where will alcohol will be displayed – little corner store – not predominately alcohol; will be stocking local alcohol produce.     Small dedicated area in rear of store.    Sales volume will not be high.    Groceries will be seen; but alcohol will be out of sight. 

DECISION

The sub committee’s decision is to grant the licence for the premises.  

REASONS

The committee had listened very carefully to all the representations.   Based on appendix 7 of the agenda papers which detailed the number of transactions under each heading, the sub-committee were satisfied that the primary use of the premises was grocery and not fuel and as such the licence could be granted.