To consider an application for a licence from Co-operative Group Food Ltd for Co-operative, High Street, Crickhowell NP8 1BW.
Minutes:
Premises – Co-operative, High Street, Crickhowell NP8 1BW
Applicant – Co-operative Group Food Ltd represented by Mr R Arnot, Solicitor and Mr J Morris, Area Manager.
Objector – Mr D Christy, Community Councillor, Vale of Grwyney Community Council
The Licensing Officer presented the licensing authority’s position as outlined in the report [copy filed with the signed minutes]. He advised that the Licensing section was happy with the consultation undertaken by the applicant.
Mr Arnot spoke on behalf of the applicant. He advised the Sub-committee that it was hoped the store would open in November. The Co-op was a risk adverse organisation. He explained the training for new staff on their responsibilities in respect of the sale of alcohol, how they are “buddied” with a more experienced member of staff, that they are not allowed to sell alcohol until the store manager is satisfied that they can do this within the law. He advised that staff also receive two refresher courses each year. He stated that the store will have CCTV, staff will use the Challenge 25 system and the tills automatically remind staff to check alcohol sales. Team Leaders also receive advanced training. He advised that the police had no objections and had not requested any conditions. In addition, the local PC had not identified any crime and disorder issues.
Mr Arnot referred to the objections and advised the Sub-committee that the Spar was already in a location near the school and operated longer hours than those applied for by the Co-op. He also advised that the school had not raised any objections to the application. In respect of Sunday Trading Law, this only applies if the trading area is over 280sq. metres. Although the total store area is 293sq. metres, the trading area is 217sq. metres and so the Sunday Trading Laws do not apply to this application. He advised that if a member of staff was to sell alcohol to a child they would be sacked, as their action would let the Co-op down and its members.
In a response to a question from the Sub-committee regarding the store size he confirmed that the Sunday Trading Law only refers to the retail sales area of a store and this was 217sq metres, which was below the level for the former. Mr Morris in response to a question advised that a manager had not been appointed but they would like to appoint someone from the local/surrounding area.
Mr Christy questioned the size of the trading area, which in the planning application had been stated as 293sq. metres, but now Mr Arnot had stated as being 217sq. metres. Mr Arnot confirmed that the trading area of 217sq. metres was what needed to be considered when considering Sunday trading Laws. The Clerk to the Committee advised that the Sub-Committee could only consider licensing issues and any issues regarding the planning application and related planning permission should be taken up outside of the meeting with the relevant planning authority.
Mr Christy spoke on behalf of objectors and strongly objected to the application and considered that if the trading area was now as Mr Arnot stated 217sq. metres it renders the original planning application as false. He considered that the application would have an adverse effect on three of the four licensing objectives, namely crime and disorder, public nuisance and harm to children. He advised the Sub-Committee that there was already anti-social behaviour in the area especially by young people and he considered that the hours applied for were inappropriate for a small town. He considered that a commercial company such as the Co-op would not know local people as the current independent shop owners. In response to a question from the Sub-Committee he advised that the 500 letters to which he referred were in respect of the planning application. The Clerk to the Sub-committee advised that this was not relevant in respect of the licensing application.
In summing up Mr Christy advised that the application was inappropriate for the local area and that he would go back to the Brecon Beacons National Park Planning Authority regarding the original planning application in respect to the issue of the size of the trading area.
Mr Arnot in summing up stated that the planning application related to the whole of the store, which included back of house areas. He advised he checked the trading area during the meeting and it was actually 222.9sq. metres and was still below the Sunday Trading Law level of 280sq. metres. He advised that if there is currently anti-social behaviour in the area then the Co-op is not the cause of this but he reminded the Sub-Committee that the police had not objected to the application. He stated that the Co-op had robust procedures in place to manage the licence and that there were no valid reasons to reject the application.
All parties confirmed that they were satisfied that they had been able to make their representations.
The Sub-Committee withdrew to consider, in private, the application and the evidence they had heard, with the support of the Clerk.
On their return the Chair announced their decision. In reaching the decision members took into account the relevant written and verbal representations.
RESOLVED |
Reason for decision |
That the licence applied for be granted.
|
The Sub-Committee were satisfied that the licensing objectives were promoted pursuant to the Licensing Act 2003. |
The Clerk to the Sub-Committee advised that he would confirm the decision in writing and reminded the objectors of their right to appeal. He also advised that if local residents had evidence of problems with the operation of the licence they could submit this to the Licensing Authority and apply for a review of the licence.
The Chair thanked all for attending.
Supporting documents: