Agenda item

The applicant has applied for a new Premises Licence in respect of EuniStar Healthcare & Afro Caribbean Store, 113 High Street, Gillingham, Kent, ME7 4QT. All responsible authorities have been consulted in line with the Licensing Act 2003. Representations have been received from the Police, Public Health, Licensing Enforcement and a Ward Councillor. No agreements have been reached. 

Discussion:

The Chairman asked those present to introduce themselves and explained the process that the hearing would follow, as outlined in the agenda.

The Licensing Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence for the supply of alcohol off the premises from Monday to Saturday between 10:00 hours and 22:00 hours, in respect of Eunistar Healthcare and Afro Caribbean Store, 113 High Street, Gillingham, Kent, ME7 4QT. She confirmed that the application had been correctly advertised in the local press and notices had been displayed at the premises for the required timescale.

The Licensing Officer stated that, in accordance with section 9.14 of the Amended Guidance to the Licensing Act 2003, discussion had been held with the Council’s Planning Service. She confirmed that the premises had no planning history and that class of use or hours could not therefore be confirmed.

The Licensing Officer advised that the matter had been put to the Licensing Hearing Panel because the Council had received representations from Kent Police, Public Health, the Licensing Unit and a Councillor. The objections raised were relevant representations and related to all four of the Licensing Objectives. No agreement between the parties had been reached.

The Chairman invited the applicant to present the application for a premises licence. Dr Emeakaroha said that he understood the issues affecting Gillingham High Street and the impact that street drinking have on the community. He advised the Panel that many members of ethnic minority groups had visited his Afro Caribbean grocery store to ask if it could sell Afro Caribbean beers. Of the specific brands that Dr Emeakaroha wished to stock, only one, a Guinness product, was available at other stores locally. Dr Emeakaroha said that he wished to provide choice so that people did not have to go to London to get their preferred brands. He considered this to be a reasonable request from an ethic minority group.

Dr Emeakaroha said that he understood the need to adhere to the Licensing Policy in order to protect the community and that he would work with the Council and the Police to help promote a safe, inclusive society.

During questioning by the objectors, Dr Emeakaroha said that he would only be selling the brands of beers identified in the supplementary information he had provided (attached to the agenda as Appendix B) and would not be selling spirits. He considered that the cost of these products would deter street drinkers. He explained that CCTV would be in operation and that any customers who appeared to be under age would be asked to provide ID. Asked to identify other areas of concern, given that the premises were located within an area where the Council’s Cumulative Impact Policy applied, Dr Emeakaroha listed nuisance, noise and environmental impact. These would be addressed through the provision of CCTV and recycling at the premises. He was confident that, through proper controls, the Licensing Objectives would be promoted and negative impacts would be reduced. Asked how the premises would not add to other hidden impacts identified in the Cumulative Impact Policy, namely domestic abuse and ambulance call outs where alcohol was a contributory factor, Dr Emeakaroha responded that he would work with the local community and that his staff would act responsibly when selling alcohol so that it was not provided to unsuitable persons. In response to a question about the control measures that he would put in place to deter customers from discarding used beer cans in the local area, Dr Emeakaroha said that most customers would consume the products at home. He would also provide notices to remind customers to drink responsibly and reduce litter by recycling the cans.

In response to questions from Panel members, Dr Emeakaroha said that only the Guinness product was available locally; the other products he intended to sell were available in London. In addition to notices, he would provide leaflets to be put in customers’ bags and he hoped that such action to promote environmental protection would be taken up by other stores so that awareness was raised and the amount of rubbish was diminished. Asked to clarify the nature of the premises, Dr Emeakaroha said that it was predominantly a grocery store that had first opened in August 2018. There were three members of staff who would receive training on the Licensing Objectives and how to deal with difficult customers. He confirmed that single bottles would be sold but he repeated his view that the cost would deter street drinkers from purchasing them.

Next, the Chairman invited those who had submitted representations against the application to state their objections. PC Hunt expressed doubt that a condition could be placed on a premises licence to restrict sales to specific products. Therefore, the Police were unable to agree a set of conditions that would be enforceable and acceptable. He stressed the high level of street drinking in Gillingham High Street which had led to a many arrests for drunkenness and members of the public feeling threatened. The Police were of the view that an additional licenced premise would add to these issues as the applicant had not adequately addressed how he would prevent this, particularly as the premises were located within a Cumulative Impact Policy area. The steps he had outlined were not beyond the steps that the Police would expect from any well run premises. The Police therefore requested that the application be refused by the Panel. 

With reference to the Cumulative Impact Policy, Barbara Murray, Public Health Project Co-ordinator said that Gillingham High Street was a hot spot for street drinking and there was strong evidence of high levels of alcohol related crime, disorder and public nuisance. She had personally observed street drinking and alcohol related litter, including cans of both regular and super strength beer, all of which these premises would be permitted to sell if the licence was granted. She had spoken to staff at the Balmoral Gardens Healthy Living Centre who witnessed these issues on a daily basis. 

Franco De Fazio, Senior Licensing Officer said that, while the Council’s Statement of Licensing Policy encouraged applications to support the local economy, applications for premises located within a Cumulative Impact Policy area were required to demonstrate the measures that would be taken to prevent the premises from adversely affecting the Licensing Objectives. It was not considered that the applicant had provided evidence of this. 

In response to questions from Dr Emeakaroha, the applicant, PC Hill said that the ethnicity of street drinkers was irrelevant and it was naive to assume that all members of a particular ethnic group would behave in the same way. On the issues of equality and accessibility of brands of choice, PC Hill suggested that other local premises which already held a premises licence could be approach to stock these products.

In response to questions from members of the Panel, PC Hill suggested that those with an addiction to alcohol would not be deterred by the cost of a product that was available locally and the Cumulative Impact Policy sought to limit the quantity of alcohol available in the area. Barbara Murray confirmed that there were currently 41 licenced premises in the area, including 31 off licenses.

Summing up, PC Hill emphasised that specific brands of beers could not be named on a premises licence and suggested that the applicant could have put forward further measures to promote the Licensing Objectives, such as excluding sales of higher strength products and single bottles or cans.

Dr Emeakaroha summed up by urging the Panel to consider the application on its merits. His intention was to provide products of choice to an ethic minority, which would be consistent with Medway Council’s priorities of social inclusion and diversity, whilst maintaining the Licensing Objectives.

All parties to the hearing left the room during the Panel’s deliberations and returned before the Chairman announced the Panel’s decision.

Decision:

1.         In considering the application for a premises licence for Eunistar Healthcare and Afro Caribbean Store, 113 High Street, Gillingham, Kent, ME7 4QT, the Licensing Hearing Panel had regard to the Licensing Act 2003, the statutory guidance issued under S182 of the Act, the Council’s Statement of Licensing Policy and all matters before it, both written and oral.

2.         Whilst accepting the sincerity and the responsibility of the applicant to fulfil the needs of his customers, the Panel could not impose a condition to specify particular brands for sale. The Cumulative Impact Policy set out in the Council’s Statement of Licensing Policy stated that there was a rebuttable presumption of refusal in all but exceptional circumstances, unless the applicant can demonstrate the premises will not adversely affect the Licensing Objectives.

3.         The Panel unanimously determined that exceptional circumstances had not been demonstrated and refused the application for a premises licence.