Agenda item

Members of the Licensing Sub-Committee are advised of the details of an application for the grant of a Premises Licence submitted under Section 17 of the Licensing Act 2003 (The Act) and a determination required under Section 18 of the Act.  Attached to the report are the following appendices:

Appendix 1   Application for the grant of a Premise Licence

       Appendix 2   Representations received

Appendix 3   Licensing Authorities Conduct of Hearing Procedures

Appendix 4    Drug and Alcohol Policy (Applicant)

Appendix 5    Revised application form

Appendix 6    Feedback to the police objection

Recommended                - That the Sub-Committee make a determination at the end of the hearing or within 5 working days of the last day of this hearing as required by Regulation 26(2) Licensing Act 2003 (Hearings) Regulations 2005

In accordance with the Hyndburn Borough Council policy on the Conduct of Hearings and the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Manager (Mrs Redfern) advised the Licensing Sub-Committee of the details of an application for the grant of a Premises Licence submitted under Section 17 of the Licensing Act 2003 (The Act) and a determination required under Section 18 of the Act relating to Non Stop 24/7, 52 Whalley Road, Accrington.  This followed the submission of an application under Section 51 of the Licensing Act 2033 (‘the Act’) by a responsible authority namely Lancashire Constabulary.

A copy of the Licensing Authority’s Conduct of Hearings had been circulated prior to the meeting with the agenda.

The Licensing Manager reported that the application was for the sale of alcohol for consumption off the premises and for the provision of late night refreshment.  A copy of the application was provided at appendix 1 of the report.  She explained that the sale of alcohol would take place over a 24 hour period, although the premises would only be open to the public between the hours of 1400 and 2300 daily.  The sale of alcohol and the provision of late night refreshment outside of these opening hours would be for delivery only.  The application was for the supply of alcohol – consumption off the premises, Monday to Sunday (0600 – 0600) and the provision of late night refreshment, Monday to Sunday (2300 – 0500).  She reported that they had received one representation, during the 28 day mandatory consultation period, from Lancashire Constabulary in their role as responsible authority.  The representation was attached to the report as appendix 2.  The issues raised relating to the licensing objectives were around the following:

-       Protection of children from harm

-       Prevention of crime and disorder

-       Prevention of public nuisance

In response to the police objection the applicant submitted the following documents:

-       Drugs and Alcohol Policy (appendix 4)

-       Revised application form (appendix 5)

-       Feedback to the objection (appendix 6)

Members were advised to have regard to representations and take into account the Statutory Guidance when considering the application. 

The applicant, Mr. Mahmood, responded to the representations made by Lancashire Constabulary.  He reported that he had spoken to the Police prior to his application and requesting advice but had not received a response.  He informed the Committee that he took the concerns raised very seriously and had taken action to address all of them.  He outlined, to the Committee, his actions to address these concerns (which included issues of deliveries to late night parties, the promotion of alcohol, noise nuisance, safeguards for payment and proof of ID and the training of staff).  He reported that it was his intention to continue to address any issues that arose in order to be a responsible business. 

P.C. Needham, representative of Lancashire Constabulary, was present at the meeting and outlined the reasons why they had submitted a representation objecting to the licence.  He explained that their main objections related to concerns that alcohol would be made more easily accessible to children and that late night deliveries would create noise nuisance in residential areas.  He explained the difficulties of ensuring that the delivery of alcohol only reached adults and not children and referred to the importance of training in respect of this. 

Mr. Mahmood responded to the concerns raised and agreed to add addresses of concern to a black list on their records, as advised by the Police.

The Sub-Committee in considering the application, took into account representations made by Lancashire Constabulary and also had regard to its own Licensing Policy and the Statutory Guidance, as mentioned in Section 52(4) of the Licensing Act 2003 and the latest Home Office guidance issued in December 2022.

Resolved                           (1)   That, having taken into account Section 52(4) of the Licensing Act 2003 and after careful consideration of the representations made by Lancashire Constabulary and the steps offered by the premises licence holder, the Licensing Sub-Committee approved the revised application with conditions, subject to the addition of a further two conditions as follows:

o   That no deliveries of alcohol are made to properties listed as HMOs; and

o   That no deliveries of alcohol are made to any property listed as an address of anti-social behaviour, as advised by the Police; and

 (2)    That the lists above are updated, as advised by the   Police, from time to time.

the reason could be that the Committee considered that the steps offered by the applicant, with the extra conditions agreed at the hearing, were sufficient to address the issues raised by the police.