To consider an application for a new premises licence in respect of 26 Eign Gate, Hereford. HR4 0AB.

Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda, the background papers and the supplement issued on 4 March 2019.       

Prior to making their decision the members heard from Emma Bowell, Technical Licensing Officer, and Sergeant Duncan Reynolds.   The committee also heard from the applicant.   

West Mercia Police outlined their representation in connection with their objection to the application which included:

·         Granting the licence will undermine the licensing objectives. 

·         There are other licensed premises in the area, one of which was a large national supermarket.   

·         The area was at saturation point and the granting of a further premises licence would undermine the licensing objectives 

·         There is significant antisocial behaviour during the day time which centred around the plinth outside All Saints Church.  

·         This anti-social behaviour is having a negative impact on the public using the area

·         Steps were being taken to either prevent or discourage the behaviour.   The steps included proactive visits to the other licensed premises; restrictions on the sale of single alcohol containers etc.  

·         The premises licence holder has indicated that that they will be on the premises at all times and this was not practicable nor achievable. 

·         There is no recorded history of a licensed premises at the address.   However, the following number of incidents have been recorded in the area in the following years: 

o   2015 - 512

o   2016 - 518

o   2017 - 575

o   2018 - 426

o   2019 up to 20 February 2019 -  50 incidents

·         The decrease in the figures were due to changes in recording incidents and the proactive work of the police.   Officers can record their own observations of the incidents and in 2018 there had been 115 alcohol related incidents and in 2019 up to 20 February 2019 there had been 47 incidents alcohol related incidents. 

·         There was a common pattern of behaviour which consisted of purchasing alcohol early in the morning and then get involved in arguments with school children; elderly and commuters; There was also begging in order to purchase items such as food, drugs etc.   The homelessness or street beggars could obtain food from the local church.

·         The anti-social behaviour had a negative impact on the public and local business. 

·         Eign gate was a hot spot for anti-social behaviour and the sub committee may wish to consider the impact of licensing another premises in the area. 

The applicant then addressed the sub committee and highlighted the following: 

·         There were other shops in the area which had a licence.

·         The shop had been opened for three weeks and the applicants had not seen any signs of crime or disorder.

·         It was a family business and they work in the shop all day.

·         The shop was opened between 1000 hrs and 1900 hrs

·         They had only seen the police once (yesterday) and had seen no incidents.    

·         The intention was not selling large amounts of alcohol but the shop needed to be competitive with the other shops in the area.   

·         The applicant had been a designated premises supervisor for nine years at a local farming business and had been employed at the same farm for 18 years.   

·         They were committed to upholding the licensing objectives and working with responsible authorities to prevent the crime and disorder in Hereford.  

·         The shop would stock a small amount of alcohol which would be more expensive than that on offer in the other nearby shops. 

Following questions it was confirmed that:

·         Eign Gate had a higher number of reported incidents compared to Commercial Road.  

·         The shop was currently opened between 1000hrs and 1900hrs and the designated premises supervisor would be on site at all times. 

·         There were 6 confirmed licensed premises in the immediate vicinity.   Four were in sight of the premises.   The supermarket was behind the premises.  

·         The number of licensed premises did not include public houses. 

·         The applicants had been employed to run the shop at Brook Farm but were no longer employed by the farm.  

·         It was intended to offer food from six different nationalities. 

·         The applicant felt that it was important to be able to see into the shop so as to be different from the other shops.  They felt that covering the frontage would indicate that there was something to hide. 

DECISION

The decision of the licensing sub committee was to grant the licence; subject to the following:

·         model trading standards conditions being applied;

·         The premises licence holder will ensure that there is an unobstructed view at all times into the licensable area of the premises. Provided that in respect of the street facing windows any obstruction will be restricted to the top 25% of the window and the bottom 25% of the window in each case. (Window refers to the whole of the area covered by glass) This will mean at least 50% of all windows and 100% of all doors looking into the premises from Eign Gate are clear of obstruction. No obstruction includes any permanent or temporary signage placed on glass surfaces of windows and doors, as well as any other item within the shop which obstructs the view through the window.

·         The licensable area would be restricted to the area behind the till.  

·         The licensable hours would be:

o   Sale/Supply of Alcohol (consumption off the premises)

o   Monday-Sunday  1000 hrs-1900 hrs

REASONS

The committee had taken into account all the statements from the parties present.   The sub committee had listened to the applicant and the explanation that they planned to sell on small quantities of alcohol which would be more expensive than the other shops in the area.