Agenda item

To consider a new Premises Licence application for 382-386 High Street, Rochester following the submission of representations, received during the consultation period.

Discussion:

The Licensing Officer informed the Panel that the applicant (TD Cluster Ltd) had applied for a new Premises Licence for 382-386 High Street, Rochester, Kent ME1 1DJ.

All responsible authorities had been consulted in line with the Licensing Act 2003 and representations had been received from a member of the public, Pathways to Independence, the City of Rochester Society and Intra Community Trust. Conditions had been agreed with the Trading Standards and Kent Police. The location was within the Chatham High Street and New Road Stress Area.

The Chairperson invited the applicant and their representative to speak in support of their application.

The applicant’s representative, Mr Rushton, explained to the Panel that this was a new application for a general convenience store operating under the Cost Cutter brand which would sell a wide range of goods and approximately 10-15% of the floor space would be occupied by alcohol. The Panel’s attention was drawn to Mr Ratnam’s 14 years of previous experience as a Store Manager and of retailing alcohol at various premises.

The Panel were informed that the applicant would be the Designated Premises Supervisor (DPS) at the premises on a full time basis and would employ a workforce of 4 or 5 fully trained staff. Mr Rushton explained that comprehensive licensing conditions were in place to address the concerns identified by the location of the premises in the Chatham High Street and New Road Stress Area.

The Panel were informed that the licensing conditions included CCTV covering the whole of the inside space with 16 cameras and 4 cameras outside the premises, the use of Challenge 25, regular staff training and regular litter picks outside the premises. Mr Rushton explained that there would be no sales of stronger beer, lager or cider over 6.5% ABV and no sale of single cans of alcohol, however, if the Panel felt it more suitable the applicant would be agreeable to reducing the maximum ABV to 5.5%.

Mr Rushton explained that there had not been any objections from the Responsible Authorities and conditions had been agreed with Kent Police and Trading Standards and requested that the Panel grant the application based on the comprehensive licensing conditions and operating schedule that had been proposed with the application.

The Chairperson then gave the objectors the opportunity to question for the applicant and their representative.

Mr Fowler queried whether the applicant would be agreeable to a maximum upper limit of 5.5% instead of 6.5% for the sale of beers, lagers and ciders, to which they agreed they would be agreeable to lower the maximum ABV.

Mr Webb queried the staff training, floor space for alcohol, impact on the creation of litter and the opening hours. Mr Ruston explained that all staff would be fully trained and authorised prior to being able to sell alcohol and confirmed that approximately 10-15% of the floor space would be occupied by alcohol but the percentage sales from alcohol would not be known until trading had commenced. With regards to the creation of litter, Mr Rushton confirmed that bins would be provided and regular checks and litter picks would take place.

Mr Fowler and Mr Webb also expressed concern at the length of hours proposed for the sale of alcohol and the potential impact on crime and disorder and whether shorter hours would be more suitable was discussed. In response, Mr Rushton stated that the application and proposed licensing conditions was reasonable and supported the licensing objectives and, therefore, the applicant was seeking a Premises Licence based on the hours stated in the application.

The Panel questioned the agent regarding floor space and it was confirmed that this would not increase as it would be a general convenience store selling a small amount of alcohol and not an off licence. The Panel confirmed with the agent that the proposed hours applied for were 08:00 to 23:00 and 08:00 to 00:00 on bank holidays, Christmas Eve and New Year’s Eve and they would not be agreeable to reducing the hours. The Panel also confirmed that the applicant would be agreeable to reducing the maximum ABV from 6.5% to 5.5%. The impact of the location being in a stress area was also discussed.

The Objectors were then given the opportunity to express their concerns.

Mr Webb on behalf of the City of Rochester Society confirmed that some of his concerns had been addressed, however, he raised concerns regarding the lengthy hours for the sale of alcohol, the potential for increased noise nuisance and loitering and requested that the maximum ABV be reduced from 6.5% to 5.5%.

Mr Fowler expressed concerns about the hours for the sale of alcohol and asked the panel to consider if it would consider the hours of 08:00 to 23:00 for 365 days a year rather then 08:00 to 00:00 for bank holidays, Christmas Eve and New Year’s Eve.

In summing up, the Applicant’s representative said that a comprehensive set of agreed licensing conditions were proposed along with a good track record for Mr Ratnam.

With the exception of the Legal Representative and the Democratic Services Officer, all present left the room during the Panel’s deliberations, returning to hear the Panel’s decision.

Decision:

The Panel having considered all the written evidence and listened carefully to the oral evidence presented by the Applicant and objectors decided to grant the premises licence for 382-386 High Street, Rochester, Kent ME1 1DJ with the licensing conditions included in the application and operating schedule, those agreed with Trading Standards and Kent Police and with the addition of the following minor amendments to the conditions:

a)    The hours for the off sales of alcohol to be amended from Monday to Sunday 08:00 to 23:00 to Monday to Sunday 09:00 to 23:00

b)    The hours for the off sales of alcohol to be amended from all bank holidays, Christmas Eve and New Year’s Eve from 08:00 to 00:00 to all bank holidays, Christmas Eve and New Year’s Eve from 09:00 to 00:00.

c)  No beers, lager or cider above 6.5% ABV will be sold to be amended to No beers, lager or cider above 5.5% ABV will be sold.

The Panel were satisfied that the application, proposed operating schedule and the amended conditions applied by the Panel satisfied the suggested conditions for the Cumulative Impact Assessment Stress Area of Chatham High Street and New Road.