Agenda item

To consider a new Premises Licence application for The Monarch Local, 18 Arden Street, Gillingham following the submission of representations, received during the consultation period.

Discussion:

The Licensing Officer informed the Panel that the applicant had applied for a new Premises Licence for The Monarch Local, 18 Arden Street, Gillingham, Kent ME7 1HG. The application was for:

• Off sales of alcohol - Monday to Sunday 24 hours

• Late night refreshment - Monday to Sunday 23:00 to 05:00

All responsible authorities had been consulted in line with the Licensing Act 2003. Representations had been received from Public Health in relation to the prevention of crime and disorder and the prevention of public nuisance, Kent Police in relation to all four licensing objectives and two members of the public. It was reported that the applicant has agreed conditions with Trading Standards and the location within the Gillingham High Street Cumulative Impact Area was noted.

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

The applicant’s representative explained that the applicant had taken over the premises and intended to convert it to a convenience store. The Panel was informed that the applicant was an experienced licence holder who already ran a nearby premises and had knowledge of the local area.

The representative acknowledged the location of the premises in the cumulative impact area and the concerns of residents and explained that it was now proposed to amend the hours for the off sales of alcohol from Monday to Sunday 24 hours to Monday to Sunday 07:00 to 23:00.

Permission was granted by the Panel to distribute a document including an updated operating schedule and new set of conditions at the request of the representative. All parties were provided with a copy of the document and the meeting was adjourned to allow time for this to be read.

The Panel requested clarity regarding the application due to the changes proposed and it was confirmed that the applicant was now requesting the off sales of alcohol – Monday to Sunday 07:00 to 23:00 and no late night refreshments so the premises would be closed between 23:00 and 07:00.

The representative explained that with regards to street drinkers the applicant knew the local street drinkers from the other premises he operates in the area and they do not visit his premises. The representative went on to say that the condition not to sell single cans or bottles of beer, lagers, stout and ciders above 6% ABV would address concerns about street drinkers and the convenience store would be positive for the area and provide choice for customers.

The Licensing Officer clarified that the existing licence for The Monarch Local public house was in the name of Sheperd Neame and had not been transferred. It could be transferred but there were more than 20 onerous conditions that would need to be complied with. This was separate from the applicant and there were no guarantees it would be transferred although the representative said that they had consent from the previous licence holder to transfer the licence.

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

PC Carrie Knight queried the applicants training and experience, how the applicant would run two premises and how issues with street drinking and anti-social behaviour (ASB) would be addressed.

The representative explained that the applicant had 15 years experience as a personal licence holder, experience of running a nearby premises and knew the area well. It was also explained that the applicant would be the designated premises supervisor for The Monarch Local and that there would be managers at both sites. With regards to street drinking and ASB the representative stated that there would not be any sales of single cans or strong beers and ciders so street drinkers will not be purchasing alcohol from the premises as they would not be able to purchase stronger beers and ciders.

Barbara Murray queried why the applicant thought that street drinkers only drink strong beers ciders and was informed by the representative that they do not purchase alcohol at his existing premises as he does not sell strong beers and ciders.

Mr Clooney queried the training of staff and was informed they are well trained to handle difficult situations. Mr Clooney also asked why the application notice was placed behind obscured glass when displayed as it could not be read properly. The representative responded to say that they had not been approached by anyone saying that they could not read the notice.

The Panel questioned the representative regarding the main purpose of the premises, the space allocated to alcohol and the layout of the premises. The representative explained that the premises would be a convenience store that sells alcohol with approximately 15% floor space allocated to alcohol. Members were concerned about the inclusion of a toilet in the store and that this could be accessed by customers from the store and were informed that the door would be permanently closed.

Members asked whether alcohol would be store in lockable cabinets and how many staff would be on duty and were informed there would be two staff members in the evenings and at weekends and that the alcohol would not be secured.

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

Barbara Murray raised public health concerns regarding crime and disorder and public nuisance and the hidden harms of alcohol abuse in the cumulative impact area and explained this was supported by a Public Space Protection Order (PSPO) for Gillingham Town Centre. Alcohol related litter was raised as an issue in the area and it was explained that the photographic evidence of this showed that it is not just linked to strong beers and ciders as street drinkers also drink lower ABV products.

PC Carrie Knight expressed concerns from Kent Police about the high level of alcohol related crime in the area and concerns regarding street drinkers and associated nuisance. The Panel’s attention was drawn to the statements provided by PC Knight and PC Fuller as local beat officers who have concerns about the granting of the requested licence which could lead to ASB and excessive drinking as well as parking problems and loitering in the street.

Members of the public were concerned about the premises adding to the existing ASB, smashed bottles, loud music, loitering and hazardous parking which was already frightening residents and asked the Panel not to grant the licence.

In summing up, the Applicant’s representative said that the proposed conditions, amendment to opening hours and applicant’s experience would result in a responsible retailer operating the premises. The objectors said that due to the location in the cumulative impact area and there being nothing exceptional in the application that the application should be refused even if the hours were amended and that there were no conditions that could be proposed that would address their concerns.

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 Committee listened carefully to the written and oral submissions from all parties.

The Committee had fully considered the exceptional circumstances provisions as per the Cumulative Impact Policy criteria but has decided to grant the licence on reduced hours. The conditions are set out as proposed in the application (including the new written conditions submitted by the applicant today).

The Committee imposes 4 further conditions:

(i)             Alcohol is only to be sold between 11:00 to 21:00 with clear signage of the hours of operation.

(ii)            All alcohol to be stored in locked cabinets and remain locked after 21:00 until 11:00.

(iii)          All staff including the DPS to provide evidence of alcohol licensing training from a licensed trainer within 3 months of operation and updated every six months.

(iv)          Signage to be placed on the windows to respect the community and neighbours and that sale to known street drinkers will not be permitted.

The Committee also recommends that the access to the toilet and storage room is made inaccessible to customers from the shop floor.