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Agenda item
Determination of Premises Licence Application - Bargoed Service Station, Gwerthonor Place, Gilfach, Bargoed, CF81 8JP.
Minutes:
The Legal Advisor to the Sub Committee outlined the procedure for the meeting, including
the order of representations and the opportunities for all parties to ask
questions.
Mr Lee Morgan (Licensing Manager) presented
the report and outlined the application submitted for the variation of a
premises licence located at Bargoed Service Station
Limited, Gwerthonor Place, Gilfach, Bargoed. It was
noted that supplementary information has been circulated to all parties before
the meeting, namely site plans from Licensing and additional supporting
information from the applicant.
Members were advised that the applicant currently holds a Premises
Licence which permits the sale of alcohol between the hours of 07.00hrs until
Midnight. The opening hours as specified
on the licence currently reflect 05.00hrs until 01.00am. The application sought to permit off-sale of
alcohol 24 hours a day from Monday-Sunday inclusive, and Late Night Refreshment
(Sale of hot food/drink) from Monday – Sunday inclusive,
2300 hrs to 0500 hrs. Furthermore,
the application sought the removal of all embedded conditions, the removal of
Annex 2 & 3 Conditions, and to replace those conditions with new updated
conditions, and for approval of a change of layout to the premises.
A number of steps had also been volunteered by the applicant as part of
the Operating Schedule, to promote the Licensing Objectives, and were set out
in the report.
During the consultation process, a representation was received from Gwent
Police who advocated conditions which were accepted by the applicant, and
ultimately the Police were content with the imposition of conditions. A representation was also received from one
local resident and full details were appended to the Officer’s report.
Attention was
drawn to the local policy considerations as set out in the report and to the
way in which the Sub-Committee would deal with the application. Members were referred to
the recommendation set out in the Licensing Manager’s report, which recommended
that the application for the variation of the premises licence be granted,
subject to the conditions set out in Appendix 9 in the report. It was also recommended that the embedded
conditions set out in Appendix 2 and conditions set out in Appendix 3 be
removed and that Members approve the revised plan demonstrating the change of
layout to the premises.
All parties present were afforded the opportunity to ask questions of
the Licensing Manager and none were received.
Representations were then invited from the applicant, Bargoed Service Station Ltd.
Professor R. Light (Barrister) spoke on behalf of his client and
referenced the applicant’s extensive experience in running forecourt sites
across the UK. The applicant has 10
sites in total, 3 of these being 24-hour premises and have experienced no
recorded problems or issues. He stated
that the Bargoed site previously operated for many
years on a 24-hour basis and that the manager (Mr I. Thavarajah)
had 15 years DPS experience, 5 of these being at the Bargoed
site, and lived 5 minutes away from the premises. To his knowledge, there had ben no instances
of noise complaints or disturbance received by the Bargoed
premises.
Professor Light summarised the aspects of the application relating to
the removal of old/embedded conditions and site layout and acknowledged that
these were uncontentious. He explained
that the licensable activity for late night refreshment applied for would not
entail a burger bar or takeaway, but simply a facility to obtain a hot drink or
heated-up pasty. With regards to the
sale of alcohol, this was already permitted to midnight and the applicant
wished to extend this to 24 hours.
Professor Light referred to the suite of conditions to underpin the
extension of licensable hours and also the copy of the staff training manual
prepared by Mr Baker (Licensing Agent for the applicant) which had been
circulated to all parties beforehand.
Mr Baker outlined the contents of the licensing training manual which is
issued to all new clients in order to train their staff. He explained that all staff undergo a
comprehensive training regime to ensure they fully understand their
responsibilities under the Licensing Act, and they are not permitted to sell
alcohol until this training is satisfactorily completed.
Professor Light then referred to the lack of representations from
Responsible Authorities and the single representation from a local
resident. He outlined the proximity of
the premises to nearby houses and explained that the site would dip their
lights in the night so as not to create light pollution for nearby
residents. Professor Light also
highlighted the concerns raised by Mr Whetter (Local
Resident) in his representation and responded to each of these in turn.
Professor Light referred to extracts from the CCBC Licensing Policy and
the removal of the embedded conditions.
He asked the Sub Committee to note the list of conditions submitted as
supplementary information to provide reassurance in respect of the
representation for Gwent Police.
Professor Light then read through each of the proposed conditions in
detail to evidence how the licensing objectives would be met by the
applicant. Particular reference was made
to the availability of CCTV, the proof of age scheme, rubbish clearance, and
clear signage for customers to leave the premises quietly. Areas of the forecourt would be locked at
night to prevent loitering, there would be no external illumination after 22:00
hours (save that needed for health and safety purposes) and alcohol displays
would not be permitted within 5 metres of the entrance of the premises. Signage would also be displayed with the
telephone number of the premises so that residents can ring through to site if
they have any issues.
All parties were then afforded the
opportunity to ask questions, and Mr Whetter disputed
the distance cited by Professor Light between the premises and his house. He also sought clarification on the distance
between the premises and other nearby residences. Mr Whetter was
advised that no other residents had made objections so the distance to their
houses could not be confirmed. Mr Whetter was however advised that he would have the
opportunity to raise his question during the course of his representation.
Mr Whetter asked if
the claim regarding the applicant’s other 24-hour premises operating without
incident could be substantiated and if he could be provided with details of
these locations. At this point, Mr Whetter lost telephone connection momentarily and
proceedings were paused until he reconnected to the meeting.
The Legal Advisor sought clarification on how
Condition 16 proposed by the applicant (in relation to pumps nearest the road
being switched off and coned off between the hours of 23.00 & 05.00 hours)
relates to licensable activity.
Professor Light confirmed that this would relate to the Crime and
Disorder licensing objective, as these pumps are the furthest away from the
kiosk and occasionally people drive off without paying for fuel. Such measures would also prevent noise
nuisance next to the road under the Prevention of Public Nuisance licensing
objective. The Legal Advisor confirmed
that the Sub Committee would consider this condition when making their
deliberations but it related more to the sale of fuel than alcohol.
A Member referred to the re-opening of the night-time economy in Bargoed and the potential for patrons to be walking through
Bargoed and Gilfach late at
night past the garage. He asked how the
garage would deal with patrons attempting to purchase alcohol from the garage
late at night and any associated anti-social behaviour. Professor Light cited an example of case law
where it was determined that perception could not be taken into account when
considering that application. Although
he appreciated the rationale for the question, Professor Light emphasised that
there was no evidence for this type of situation to occur.
There were no further questions for the applicant and representations
were then invited from Responsible Authorities.
PC Karina Williams confirmed that Gwent Police had made representations
as set out in the meeting papers and had proposed a number of conditions to
assist in meeting the 4 Licensing Objectives.
These had been accepted by the applicant and she had nothing to add.
There were no questions received for Gwent Police and representations
were then invited from Other Persons.
Mr
David Whettter (Local Resident) referenced the short
distance between his property and the premises and asked if he was allowed to
raise concerns regarding the impact on properties which are closer to the
site. The Licensing Manager confirmed
that Mr Whetter was the sole objector and that whilst
he could reference the distance and say other residents live closer to the premises,
any representation or comments would have to be from Mr Whetter’s
perspective as the objector.
Mr
Whetter queried the claim from Professor Light that
the applicant’s other 24-hour sites were well run and without issue, and
suggested he had no evidence to support this claim. Professor Light explained
that these other sites were just for background information and outlined
details of the three locations.
Following further discussion with Mr Whetter,
Professor Light acknowledged that this was second-hand information and withdrew
this aspect of his statement.
Mr Whetter also disputed the claim from
Professor Light that the premises had previously operated on a 24-hour
basis. Following discussions with his
client, Professor Light withdrew this observation from his statement. The Legal Advisor added that this assertion
was an ancillary point in any event and not relevant to the proceedings.
Reference was made to the point about the DPS living 5 minutes away from
the premises. Professor Light explained
that this was intended to evidence that the DPS lives locally and could be
there quickly in the event of any issues.
Mr Whetter then summarised his concerns as set
out in his representation appended to the report. He explained that his concerns had increased
recently, particularly after reading the comments in Gwent Police’s
representation which stated that the enhanced licensable hours would increase the
likelihood of a disturbance within the nearby residential vicinity. He highlighted crime and disorder problems in
the area and questioned Professor Light’s earlier reference to case law and the
matter of whether perceived issues can be taken into account for such
applications. The Legal Advisor to the
Sub Committee explained that it would be acceptable for Mr Whetter
to highlight something that might happen as the result of granting the licence;
however the Sub Committee cannot pre-empt that something might happen and not
grant on that the basis, and that there needs to be realistic prospects for
issues to arise when considering this as part of their deliberations.
Mr Whetter confirmed that although nothing had happened at the
premises as yet, he reiterated his concerns as set out in his representation
for there to be a potential increase in anti-social behaviour if the variation
were granted. He expressed his concerns
regarding the availability of alcohol at the site and highlighted late-night
noise as a result of vehicles leaving the premises.
No questions were
received for Mr Whetter and all parties were afforded the opportunity to sum up before the Licensing and
Gambling Sub Committee retired to make its decision.
The Licensing Manager and Gwent Police summarised their representations
to the Sub Committee. During the
summation from Professor Light, Mr Whetter lost
telephone connection and proceedings were paused for a few moments until he
reconnected to the meeting.
Professor Light summarised the main points made in his representation
and was appreciative of resident concerns. He requested that residents contact the
premises if any issues arise.
Mr Whetter referenced CCBC Licensing Policy in
his summation and reiterated his concerns that late-night licensed premises can
be a source of crime and disorder problems, but acknowledged that he understood
the process to complain and for the premises to be brought back to the Sub
Committee for review if necessary.
The
Legal Advisor informed all parties present that the Sub Committee would retire
to consider the representations made at the meeting and they would be informed
in writing of the decision in the next 5 days.
The Sub Committee retired at 11.46 a.m. to
make its decision and all other parties left the meeting.
Following consideration of the application
for the variation of a premises licence for Bargoed Service Station, Gwerthonor Place, Gilfach, Bargoed, CF81 8JP, and having regard to the Licensing Manager’s report and all the representations
made, the Licensing and Gambling Sub Committee, by a 2-1 majority
RESOLVED that the application for the
variation of the premises licence in respect of hours for alcohol sales and the
provision of late night refreshment be granted, subject to the proposed
conditions as set out in Appendix 9 of the Licensing Officer’s Report and appended
to these minutes.
The Sub Committee unanimously
RESOLVED that the
embedded conditions as set out in Appendix 2 and annex conditions as set out in
Appendix 3 be removed from the licence, and that the revised premises plan
demonstrating the change of layout be approved.
In making their decision, the Sub Committee
considered all four Licensing Objectives, the Licensing Act 2003, revised Home
Office Guidance and Caerphilly Council’s Licensing
Policy.
There were no objections
from any party to the revised proposed plan of the Premises or to the removal
of the embedded conditions from the Licensing Act 1964 and the Sub Committee
therefore determined unanimously that these elements of the Application should
be granted.
With regard to the revision of the hours for the sale of alcohol and the
provision of late-night refreshment, the Sub Committee noted that there were no
objections from Responsible Authorities in this regard. However, the Sub Committee also noted Mr Whetter’s concerns with regard to the potential for noise
nuisance and anti-social behaviour late at night. Whilst the Sub Committee were concerned with
regard to the potential for such disturbance, a majority concluded that the
interests of local residents were satisfactorily protected by the review
procedure set out in the Licensing Act 2003.
The decision notice advised that any person
aggrieved by the decision had the right to appeal to the local Magistrates
Court within 21 days from the date of written notification of the decision.
The meeting closed at 12.50 p.m.
APPENDIX
Conditions
applicable to the grant of the licence as per Appendix 9 of the Licensing
Manager’s report:
1. CCTV shall be in use at the premises.
(i) Where a CCTV system is to be
installed, extended or replaced, it shall be to an appropriate standard as
agreed with the Licensing Authority in consultation with the Police. Where
existing CCTV systems are to be replaced or extended the replacement or
extension to the system shall be concluded by the date the licence is granted
and the system be fully operational on that date;
(ii) The
CCTV equipment shall be maintained in good working order and continually record
when licensable activity takes place;
(iii) The
premises licence holder shall ensure images from the CCTV are retained for a
period of 31 days. This image retention
period may be reviewed as appropriate by the Licensing Authority;
(iv) The
correct time and date will be generated onto both the recording and the real
time image screen;
(v) If
the CCTV equipment (including any mobile units in use at the premises) breaks
down the Premises Licence Holder shall ensure the designated premises
supervisor, or in his/her absence other responsible person, verbally informs
the Licensing Authority and the Police as soon as is reasonably
practicable. This information shall be
contemporaneously recorded in the incident report register and shall include
the time, date and means this was done and to whom the information was
reported. Equipment failures shall be
repaired or replaced as soon as is reasonably practicable and without undue
delay. The Licensing Authority and the
Police shall be informed when faults are rectified;
(vi) The
premise licence holder shall ensure that there are trained members of staff
available during licensable hours to be able to reproduce and download CCTV
images into a removable format at the request of any authorised officer of the
Licensing Authority or a constable;
(vii) There
shall be clear signage indicating that CCTV equipment is in use and recording
at the premises during opening hours.
The CCTV system shall
include all external areas of the premises.
- All staff to
be trained in the prevention of underage sales to a level commensurate
with their duties. All such
training to be updated as necessary, for instances when legislation
changes, and should include training on how to deal with difficult
customers. The training should be
clearly documented and signed and dated by both the trainer and the member
of staff receiving it. The
documentation shall be available for inspection on request by an
authorised officer of the Licensing Authority or a constable.
- An approved
proof of age scheme shall be adopted, implemented and advertised within
the premise such as ‘Challenge 25’ whereby an accepted form of
photographic identification shall be requested before any alcohol is sold
to any person who appears to be under 25 years of age. Acceptable proof of age shall include
identification bearing the customers photograph, date of birth and
integral holographic mark or security measure. Suitable means of identification would
include PASS approved proof of age card, photo-card driving licence and
passport.
Publicity materials notifying customers of the operation of the
Challenge 25 scheme shall be displayed at the premises, including a Challenge
25 sign of at least A5 size at the entrance to the premises and where
practicable at each point of sale.
- The premises
licence holder shall require the designated premises supervisor, or in his
/ her absence other responsible person, to keep an ‘incident / refusals’
logbook in a bound book in which full details of all incidents are
recorded. This shall include
details of any refused sales and shall give details of the persons involved,
incident description, time and date, actions taken and final outcome of
the situation. This shall be
completed as soon as possible and in any case no later than the close of
business on the day of the incident.
The time and date when the report was completed, and by whom, is to
form part of the entry. The logbook
is to be kept on the premises at all times records should be kept for a
minimum of 12 months and shall be produced to an authorised officer of the
Licensing Authority or a constable when required.
- The premises licence holder, premises supervisor or event manager,
shall ensure that measures shall be put in place to remove litter or waste
arising from customers and to prevent such litter from accumulating in the
immediate vicinity of the premises or neighbouring premises.
- A clear notice shall be displayed at any exit to the premises to
instruct customers to respect the needs of local residents and leave the
premises and the area quietly.
- The premises
supervisor, manager or other competent person shall manage all areas to
ensure that customers do not behave in a noisy, rowdy or offensive manner.
- The premises
licence holder shall ensure that a clearly visible notice will be placed
on the premises advising those attending, that the Police will be informed
if anyone is found in possession of controlled substances or weapons.
- The entrance door to the shop will be closed to customers between
the hours of 23.00 & 05.00 (the doors can be closed earlier should the
licence holder so elect). Any sales between these hours will be made
through the night pay window.
- The premises will install an electronic shunt lock which can be
operated remotely from behind the serving counter.
- The premises will introduce till prompt system to help remind staff to
ask for ID when appropriate to do so.
- Between the hours of 23.00 & 05.00 hours the pumps nearest the
road will be switched off and then coned off.
- Areas of the forecourt not deemed necessary for use between 23.00
& 05.00 hours will be coned off.
- No external illumination will be left on between the hours of 23.00
& 05.00 hours 7 days a week except for lighting connected to site
safety, the Pole sign and the shop fascia signage.
- Spirits will only be displayed behind the counter and will not be
self service.
- Alcohol will not be displayed within 5 metres of the store entrance.
- A direct telephone landline number for the business will be
displayed in a prominent location should a member of the public wish to
raise a concern.
Supporting documents:
- Report- Bargoed Service Station, item 3. PDF 351 KB
- Appendix 1, item 3. PDF 334 KB
- Appendix 2, item 3. PDF 7 KB
- Appendix 3, item 3. PDF 230 KB
- Appendix 4, item 3. PDF 423 KB
- Appendix 5, item 3. PDF 384 KB
- Appendix 6, item 3. PDF 399 KB
- Appendix 7, item 3. PDF 174 KB
- Appendix 8, item 3. PDF 170 KB
- Appendix 9, item 3. PDF 117 KB