LICENSING PANEL HEARING

Record of Hearing held on

8 September 2006

 

PRESENT:      Councillor P Rogerson (Chairman)

Councillors Mrs K J Dix and M B Oram

(An apology for absence was received from Councillor W J Bendyshe-Brown.  Councillor M B Oram substituted)

ALSO PRESENT AT THE HEARING:     Mrs C Steven - Licensing Manager, Wycombe District Council

Mr S Broome - Licensing Officer, Wycombe District Council

Mr A Jeyaseelan -Applicant

Mr J Simons -Licensing Agent for the Applicant

Mr B Whittall -Thames Valley Police

PC A Dean -Thames Valley Police

Mr R Lacey

Mr Coyne          Desborough Road Retailers

Mr R Cowan

OFFICERS IN ATTENDANCE:      Ms Z Prentice - Legal Services, Wycombe District Council

Mr M Conroy - Democratic and Members’ Services, Wycombe District Council

 

1.        DECLARATIONS OF INTEREST

There were no declarations of interest.

2.         INTRODUCTORY REMARKS

The Chairman of the Panel outlined the process to be adopted in relation to the conduct of the Hearing.

3.    DESBOROUGH ROAD POST OFFICE -118-120 DESBOROUGH ROAD, HIGH WYCOMBE

The Panel met to conduct a Hearing into the application by the owner of the Desborough Road Post Office under s.17 of the Licensing Act 2003 for a premises licence as detailed in the report submitted.

In response to the application the Panel noted that a representation had been received from Thames Valley Police relating to the prevention of crime and disorder objectives together with 11 representations from retailers on Desborough Road, High Wycombe. Thames Valley Police main areas of concern related to a possible increase in existing problems with anti-social behaviour, crime and disorder and general drunken behaviour.

Prior to the commencement of the Hearing the agent for the applicant informed the Panel that his client wished to amend the starting hours in respect of the sale by retail of alcohol to 13.00 -22.00 hours (Monday to Friday) and 11.00 -23.00 hours (Saturday to Sunday). It was also proposed to ensure that by some internal alteration all alcoholic items would remain within the view of the staff.

The amendments were accepted, but the police representative notwithstanding these amendments, reiterated the objection of the police to this application and wished for the hearing to continue.

During a detailed discussion on the application the opportunity was given to all parties present to make a statement of their case and ask relevant questions of each other. Panel Members also discussed the issues raised with all of the parties concerned.

The Panel noted the concerns of the Thames Valley Police and those retailers on Desborough Road who were present at the Hearing and the written representations of these who were not in attendance, particularly in relation to matters of crime and disorder described in the report, matters they contended that would be exacerbated by this application, given the cumulative impact of a concentration of licensed premises within the area.

The applicant, through his representative, offered in addition to the amendments referred to above, the following conditions to be part of any new licence.

·

A new DPS to be appointed on the premises licence with additional licence qualifications.

·

A personal licence holder to be in attendance at all times on the premises.

·

A staff training document to be approved by Wycombe District Council's EHO. .A Challenge 21 policy to be implemented.

·

Alcohol to be sold in multi-packs ie no single cans to be sold.

·

CCTV in full colour to be installed and tapes to be retained for 30 days. .The applicant to work with the police to identify local drunks and bar such people from the premises.

·

No cider, beers or lagers above 6.0% volume to be sold.

·

After 5.30pm two members of staff to be in place in the retail section of the shop.

Thames Valley Police did not find the conditions acceptable.

During further discussion with the applicant, the Panel was informed of his previous management of premises in the area.

At the conclusion of the discussions the applicant, his agent, the objectors and the Licensing Manager and Licensing Officer left the meeting and the Panel went into private session to consider its decision.

In closed session, during discussion on the application, the Panel took into account the licensing objectives under the Act, national guidance and the Council's licensing policy. The Panel took particular note of the conditions suggested if a licence were granted, but concern remained at the problems already associated with Desborough Road and the possible cumulative impact if another licence were to be granted.  The Panel's concern related particularly to the prevention of crime and disorder in view of the perceived difficulties associated with this part of Desborough Road. Members returned to the suggested conditions to be incorporated into any grant of a licence but, after further discussion, the Panel considered that the conditions would not ameliorate the problems associated with Desborough Road and that the grant of a licence would lead to a possible increase in crime and disorder and public nuisance.

RESOLVED: That the application under s.17 of the Licensing Act 2003 for a premises licence in respect of Desborough Road Post Office - 118-120 Desborough Road be refused on the grounds referred to above.

 

(The Hearing commenced at 1.30pm and concluded at 3.55pm)

 

_____________________

Chairman