Agenda item

(Director of Neighbourhoods) To consider the attached report.

The Chairman welcomed the participants and requested that they introduce themselves to the Sub-Committee. In attendance on behalf of the application were: Mr S Kandasamy, the Applicant and operator of the Convenience Store at 109 High Street, Ongar; and Mr P West, the Applicant’s Agent. In attendance on behalf of Ongar Town Council were: Cllr J Bicknell, and Cllr C Feetham. In attendance and objecting to the application was Mr R McNulty. The Chairman then introduced the Members and Officers present, and outlined the procedure that would be followed for the determination of the application.

 

(a)        The Application before the Sub-Committee

 

The Licensing Enforcement Officer informed the Sub-Committee that an application for a new Premises Licence had been received in respect of the Convenience Store at 109 High Street in Ongar, along with representations from interested parties. The application had requested permission to sell alcohol between the hours of 7.00am and 11.00pm on Monday to Sunday.

 

The Licensing Enforcement Officer reported that an objection had been received from Ongar Town Council and five objections from local residents; the objections had related to the prevention of public nuisance, the protection of children from harm, public safety and the prevention of crime and disorder. Representations had also been received from the Essex Fire Service and the Public Health Team, neither of whom had any objections to the application.

 

(b)        Presentation of the Applicant’s Case

 

Mr P West informed the Sub-Committee that the Applicant had been in the supermarket trade for over 20 years with no Police or public complaints against him. The Applicant wanted to add the sale of alcohol to the goods already offered at the premises, in order to compete with other supermarkets who already offered alcohol, and the sale of alcohol would be ancillary to the main supermarket business.

 

In response to the points raised in the letters of objection that had been received in respect of this application, Mr West commented that:

 

            (i)         only 9 crimes had been recorded by Essex Police in this area and    none were alcohol related, therefore this part of Ongar did not have a crime      problem and Essex Police were not in attendance to object to the application;

 

(ii)        the area has too many establishments selling alcohol, but this would contravene the guidance issued by the Government for this legislation and could not be considered as a legitimate reason for objection;

 

(iii)       the fear that customers from the supermarket would sit outside the Royal Oak public house and consume their alcohol, however the Royal Oak public house closed later than the supermarket and this did not happen at the moment with alcohol purchased from other establishments;

 

(iv)       young people would gather outside the supermarket and cause a nuisance, but this behaviour would not be encouraged by the Applicant as it would be detrimental to his business; and

 

(v)        various comments about parking and other traffic issues which were not relevant to the hearing of this application under the Licensing Act 2003.

 

However, in light of the concerns raised by local residents, the Applicant offered a reduction in the hours for the sale of alcohol to 10.00pm on Sundays to Thursdays, excluding Christmas Eve and New Year’s Eve.

 

Mr West reminded the Sub-Committee that it had to consider evidence, not speculation, when considering cases under the Licensing Act 2003, and that residents were at liberty to request a review of the Licence if the establishment was not managed in a professional manner.

 

(c)        Questions for the Applicant from the Sub-Committee

 

In response to questions from Members of the Sub-Committee, the Applicant stated that (in reference to the map on page 36 of the agenda) spirits would be stored behind the counter with wine on shelves to the left of the counter and beers stored in the fridge units. The three rooms at the rear, which were shown as not included in the licensed area, were in essence store rooms and likely to hold sweets, soft drinks and the such like, i.e. non-licensed products. The current opening hours of the Premises was 7.00am to 11.00pm; it had previously been 8.00am to 5.00pm, but this had been when the Premises was a Post Office only.

 

Mr West highlighted that refresher training would not be required for staff who already held an appropriate Personal Licence, but his company recommended it as a course of action to all their clients.

 

(d)        Questions for the Applicant from the Objectors

 

In response to questions from the Objectors present, Mr West stated that the conditions for the Premises that had been agreed with Essex Police had already been included in the application.

 

(e)        Presentation of the Objector’s Case

 

Cllr J Bicknell from Ongar Town Council contended that Ongar High Street had numerous premises for the purchase of alcohol already. There were no longer any Police based in Ongar, and there were repeated incidents outside the Tesco store when miscreants brought alcohol, urinated in the street and scratched the paintwork of parked cars with keys. This all resulted in anti-social behaviour which was not needed in Ongar; the King’s Head public house had security staff on the door at weekends. Ongar High Street was very narrow, so there was the potential for traffic issues and congestion from selling alcohol at the supermarket.

 

Cllr Feetham from Ongar Town Council reiterated the comments made by Cllr Bicknell, and highlighted that Ongar Town Council had voted unanimously to object to the application when it was discussed at their meeting on 16 November 2017. There were already more than enough places in Ongar at which alcohol could be purchased, including the petrol station at the Four Wantz roundabout on the A414. There had been numerous parking issues in the High Street caused by the nearby Fish Shop as nobody seemed to use car parks anymore, and the attention of the Sub-Committee was drawn to the high number of local objections received for this application.

 

Mr McNulty informed the Sub-Committee that he had lived opposite the supermarket premises for 30 years, and had noticed that the levels of noise and anti-social behaviour had increased markedly since the nearby Fish & Chip Shop was given permission to stay open until 10.30pm. It was Mr McNulty’s contention that the anti-social behaviour in the immediate area would only increase if this Licence application was approved. The primary customers for both the Fish & Chip Shop and the Supermarket for sales of alcohol would be passing trade from customers in cars, not local residents, and this would exasperate the numerous motoring and parking issues occurring already in this area. Mr McNulty believed that illegal activities would only increase in the area if this Licence was granted, and the Sub-Committee should restrict the sale of alcohol at the supermarket to 6.00pm each evening.

 

The Council’s Legal Officer emphasised that parking issues were not a matter for the Licensing authority and should be dealt with by Essex Police and/or Essex County Council. No evidence had been produced that this establishment had caused any of these problems. Mr McNulty retorted that the current problems had started since the Fish & Chip Shop had extended its opening hours until 10.30pm each evening, and these issues would only worsen if this Licence was granted.

 

(f)         Questions for the Objectors from the Applicant

 

When Mr West enquired of Cllr Bicknell if she had any evidence that the application would give rise to her concerns, she stated that there were plenty of establishments in Ongar High Street where alcohol could already be purchased and she had contacted the Police when there had been problems.

 

(g)        Questions for the Objectors from the Sub-Committee

 

The Chairman asked whether Essex Police had been contacted whenever there were parking issues occurring in Ongar High Street. Cllr Bicknell responded that the Police are generally not contacted over these incidents. There was no longer a Police presence in Ongar, so they would have to come from either Loughton or Harlow, and they took so long to arrive that they generally did not respond.

 

(h)        Closing Statement of the Objectors

 

Cllr Bicknell from Ongar Town Council requested that the hours for the Licence be reduced to earlier in the evening.

 

Mr McNulty stated that neighbours were upset at customers parking on their driveways or obstructing their driveways when using the supermarket, and felt that instances of illegal activity would increase if this Licence was granted.

 

(i)         Closing Statement of the Applicant

 

Mr West reminded the Sub-Committee that the guidance issued for the Licensing Act 2003 stated that shops should normally be free to provide off sales of alcohol during opening hours unless there were good reasons to restrict those hours; there had been no evidence produced today to restrict those hours.

 

Mr West pointed out that there had been no objections from the statutory consultees, and the Applicant had agreed additional conditions for the Licence with Essex Police. The Applicant would be happy to discuss any issues with the neighbours once the Licence had been granted, and a contact number would be offered to local residents. There had been no evidence offered by the Objectors that this application would cause problems in the area, and the Licence could always be reviewed if problems did arise in the future.

 

The Applicant offered a further concession with the Sale of Alcohol to finish at 9.00pm each evening Sundays to Thursday, with the exception of Christmas Eve and New Year’s Eve, with the drawing of shutters over the areas where alcohol was displayed with the supermarket closing at 11.00pm for sales of non-alcoholic products as per the current situation.

 

Mr West concluded that the conditions offered for the Licence, plus those agreed with Essex Police, and the professional management structure that was in place at the supermarket accorded with the objectives laid out in the Licensing Act 2003.

 

(j)         Consideration of the Application by the Sub-Committee

 

The Sub-Committee retired from the Council Chamber to consider the application.

 

The Sub-Committee noted that there had been no objections from any of the statutory consultees, and the Applicant had agreed the conditions proposed by Essex Police - which had been included as part of the application – including the installation of CCTV at the Premises. The Sub-Committee felt that the instances of anti-social behaviour described by the Objectors were likely to have originated from the nearby public house, and the arguments put forward by the Objectors were outside the remit of the Sub-Committee to consider when determining the application. The Sub-Committee were reminded that the Licence could reviewed in the future if necessary.

 

The Sub-Committee returned to the Council Chamber and the Chairman informed the participants of its decision. 

 

Decision:

 

(1)        That the application for a Premises Licence at 109 High Street, Ongar be granted during the following periods:

 

            (a)        Sale of Alcohol on Sundays to Thursdays between 7.00am and        9.00pm (except Christmas Eve and New Year’s Eve);

 

            (b)        Sale of Alcohol on Fridays, Saturdays, Christmas Eve and New Year’s             Eve between 7.00am and 11.00pm; and

 

            (c)        Hours Premises are open to the Public on Mondays to Sundays       between 7.00am and 11.00pm.