Agenda item

The applicant has applied for a new Premises Licence in respect of Taste of Europe Supermarket, 48-50 Napier Road, Gillingham, Kent ME7 4HD.

All responsible authorities have been consulted in line with the Licensing Act.

Representations have been received from a Ward Councillor and members of the public together with a petition. An agreement has been reached with the Police.

Discussion:

The Chairman explained that same as the previous hearing, the hearing would follow the process as outlined on page 4 of the agenda, the “Guidelines for Licensing Hearing Panels”.

The Licensing Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application in respect of Taste of Europe Supermarket to supply alcohol (off the premises) from 10:00 to 22:00 Monday to Sunday at the address specified as 48-52 Napier Road, Gillingham, Kent ME7 4HD.

The Licensing Officer confirmed that the application had been correctly advertised in the local press and notices had been displayed at the premises for the required timescales. The application had been referred to the Licensing Hearing Panel for determination because the Council had received relevant representations relating to all four licensing objectives from a Ward Councillor and members of the public together with a petition while the Applicant had reached an agreement with the Police with details set out on pages 165 to 166 of the agenda. Again, the Licensing Office was yet to hear from the Planning on its consent or otherwise to the application.

At the Chairman’s invitation, Manuel Rocha, the Applicant’s agent said that alcohol was just a complement to and constituting about 10 to 15 % of the products sold at the Mini-market. He also outlined the steps intended to be taken to promote the four licensing objectives, as outlined in the application.

In reply to MacGregor’s enquiry, Rocha confirmed that the Mini-market would not be selling knives and aerosols.

Addressing Clare Osborn’s concern, Mr Rocha pointed out that anyone could buy alcohol from any premises, for example from the Mini-market or the convenience shop round the corner usually subject to pricing, to consume at the Gabriela Café Bar Restaurant. In reply to Councillor Mahil, Mr Rocha said that the Applicant had no intention to promote the sale of alcohol at the Mini-market for consumption at the Restaurant. The Applicant, John Panayi, confirmed that the Mini-market was currently selling food only. 

Then, the Chairman invited the objectors to speak about their representations against the application.

Councillor Johnson expressed objection to the application for similar reasons expressed at the previous hearing.  The nature of this area being mainly residential made it unsuitable for off-licence sales. Unlike the off-licence shops further up the Napier Road forming a commercial mix, the sale of alcohol particularly during the evenings at the premises could make it a focus for anti-social behaviour and bring about problems of noise, parking etc, which would impact the family lives of nearby residents and wellbeing of school children passing. He was also concerned about the alcohol sold at the Mini-market under the off-licence, if granted would be consumed at the Restaurant. As such, Councillor Johnson reiterated his view about the inappropriate location of the premises for the off-licence.

Clare Osborn expressed concern about the consumption of alcohol at the Restaurant bought from the Mini-market. Customers might buy alcohol after they had left the Restaurant and continue to drink it in the street. This would cause more stress and sleep disturbance for residents.  

Chantelle MacGregor agreed that there was a loophole.  She also expressed concern about young people under the age of 25 would be loitering outside the premises.

Mr Panayi stressed that they had no intention to play such a trick to encourage people to buy alcohol from the Mini-market and consume it at the Restaurant.   Moreover, the closing hours of the Mini-market might be advanced to 21:00 as there were not much businesses after that hour. Mr Rocha added that as there were far fewer people visiting the premises at any one time, hence parking would not be an issue.

The Chairman requested the objectors to leave the room for the Panel to discuss and decide.

Decision:

The Panel, having read the objections submitted against the application and listened to some objectors’ views, questioned the Applicant in relation to these, and after careful consideration, decided to grant a premises licence for the consumption of alcohol off the premises for the Taste of Europe Supermarket Ltd at 48-52 Napier Road, Gillingham, Kent ME7 4HD. The hours of operation were from 10:00 to 21:00 every day. The adjustment to the opening hours was made at the Applicant’s offer and in line with similar licensed premises in the proximity.