Agenda item

At the Sub-Committee’s meeting on Monday 2 September 2024, this item was adjourned to a future date as the applicant failed to attend. It was felt that it was in the public interest for this item to be heard with the applicant present.

To inform Members that an application has been received for the Grant of a premises licence under the Licensing Act 2003 from Mrs Selvabhavani Sujananth to sell/supply alcohol and that an objection notice of the licence has been received from an interested party.

The Sub-Committee had before it an Officer report namely  item A.1 – Application for the Grant of a Premises Licence, Kings Local, 65-67 Kings Avenue, Holland-on-sea, Essex. Ref: 24/00399/PREMGR. This application  had been scheduled to be before the Sub-Committee on Monday 2 September 2024, but the applicant had failed to attend the Sub-Committee. The Chairman at that meeting had decided that it was within the public’s best interest to adjourn the item until this date, when the applicant  could be present.

 Members heard from the Council’s Licensing Manager. He explained that the application before the Sub-Committee was in relation to the premises located 65-67 Kings Avenue, Holland on Sea, to be known as “Kings Local”, application number 24/00399/PREMGR. He stated that the premises was to be used as a convenience store and that the applicant had said that the store was to be refitted to a new high standard.

Members also heard that the premises used to be a social club and  had been licensed for alcohol sales.

It was reported that the proposed licensable activities on this application were for the sale of alcohol, off the premises, every day between the hours of 06:00 and midnight. This was also the proposed opening times of the convenience store.

The Licensing Manager explained how the applicant had outlined steps in the application to promote the four licensing objectives. The report outlined ow representations could be made either in support of, or against, an application. In addition, all responsible authorities had been consulted , as was the standard procedure.

The Sub-Committee heard how one email of representation had been received from a member of the public, as well as one representation from Tendring District Council’s Planning Authority, as a Responsible Authority, in relation to the planning permission for this premises. Details of both representations  were contained within the published agenda pack.

Members were reminded that each application must be considered in its own right and on its own merit, and judged only on how it might impact on the four licensing objectives.

The Sub-Committee then heard from the Council’s Planning Enforcement Officer. He explained that the property did not have the correct planning permission for the use of the building to be a convenience store which required it to be classified as a class E and that currently it was classified a Social Club, which was designated as an F2 premises.

He explained that without the correct permissions in place and if the license was granted, it would encourage the owners to open the store and result in a breach of planning under The Town and County Planning Act 1990.

The Planning Enforcement Officer also outlined that local Planning Officers had been consulted on the matter and that as it stood, there was not enough information to state whether planning permission would likely be granted. He believed that Essex County Council needed to be consulted for customer parking as well on the means on delivering goods. He pointed out that there was also no information on how waste on the site was to be disposed of.

He informed the Sub-Committee that the Planning Enforcement Team had recently spoken with the applicant via a phone call, and they had said that they did intend to submit a planning application, but nothing had yet been received.

The Sub-Committee then heard from the applicant’s agent.

“Thank you Chair, since you have already seen the applications and all the steps that we are taking to promote the licensing objectives, I will go straight into addressing the objectives or objections. Coming back to the planning matter, this is being handled by planning consultants, I think they have been in contact already, so that will be handled, when we put the application in, we didn't know it was needed, so know that we have come to know that there's planning permission needed, it's going through.  I don't see a reason it will be rejected, but it's the process that need to go through. The Planning Officer mentioned a number of things, like parking, I know it's not part of the licensing objectives so it can’t be assessed. But we are planning parking for at least four cars in the front so there is that. Other things like waste management that will all be handled, there is space, it was a social club, and they had been handling it.

At the moment the landlord is involved in terms of planning, so they are supporting the whole process at the moment, so that's where we are with in terms of planning. Coming back to the hours as we are here for licensing not for planning.  We applied for hours between 6:00am and midnight, that is the opening hours of the premises, so what we would like to do is not have the licensing and the opening hours, the same hours. At the moment we haven't had planning permission but there's no reason the opening hours cannot be provided until midnight since the social club already have been licensed until 23:00, but I'm not sure what were the opening hours, as we don't have much detail, about the planning hours of the Social Club. 

The licensing hours, those concerns raised by the objector, point number two concerning people coming out of the pub or bar, buying alcohol from here and hanging around or throwing bottles. That is a concern and it's not been evidenced. It's not been happening, if there were things like that happening that would already have been happening because there is a supermarket closing at 11pm.

We don't see opening an extra hour until midnight would contribute to any problems, as we have no evidence that there are problems at the moment in terms of people drinking in the streets or throwing bottles or cans.

The location is a mostly commercial place, I think it will be a great addition for I mean the way we looked at it we I looked at it is the applicant is putting in an investment to bring that building to life, which is really great for local businesses.

In terms of this convenience store, a lot of places close at 11:00pm, this store means people could come and do their shopping late at night.  We understand there are the premises like Co-op and Tesco, but this is about a choice and that the people have a choice of products and prices and other services, which is really great for the community.

There is parking out front for four customers and this kind of supermarket don't normally get early morning deliveries or late-night deliveries, they normally happen between like 8:00 a.m. or 9:00 a.m. to between 5: 00p.m in the evening, so that wouldn't be a concern really, but again you know when we I'm sure the planning people will handle that with a condition.

Coming back to licensing, I think for us we don't see any reason or any concerns that impact the licensing objectives, opening either in the morning 6:00 at midnight thank you”.

The Chairman (Councillor J Henderson) adjourned the meeting at this time whilst the Sub-Committee retired to deliberate this matter. The Head of Legal Services (Linda Trembath) and the Committee Services Officer (Keith Durran) retired with the Sub-Committee in case they were asked to assist Members in those deliberations.

Upon the resumption of the meeting and upon being asked by the Chairman, the Head of Legal Services confirmed that she had not proffered any legal advice to the Sub-Committee during its retirement.

The Sub-Committee unanimously RESOLVED the following decision:-

“Premises/Personal Licences Sub-Committee meeting Monday 9 September 2024

This application is for a premises licence for the premises known as King’s Local, at 65-67 King’s Avenue, Holland-on-Sea, Essex for the sale of alcohol between the hours of 6 am and midnight seven days a week. 

The premises was a social club, which in planning terms is use F2.  A convenience store is use class E and therefore there needs to be a planning application to change the use of the premises.  That is an important aspect in this matter and has caused us some concern because if we grant a licence, until the applicant has the relevant planning permission the applicant should not be opening at all. Of course, if planning permission is granted the hours that permission may allow the premises to open may be different from the hours of any premises licence we grant on this application.

Currently not only is there no planning permission for the change of use of the premises, but no planning application has been made.  This Committee are concerned that in granting the application now, the applicant would open the premises and commence trading even if planning permission has not been granted and that could involve the authority in taking action against the applicant, including through the Courts.  This Committee very strongly advise the applicant not to open the premises for any trading until such time as she has the relevant planning permission.

In addition to the current lack of planning permission, we note the concerns around both customer parking and the delivery of goods, as well as questions around the disposal and removal of waste.  The applicant would be well advised to talk to the relevant Council officers and work with them to address the various issues, and to do so as quickly as possible.

Accordingly, although the Committee will grant this application, albeit with slightly reduced hours, they very strongly advise the applicant to apply for a change of use in the planning permission and to make that application today.

This application is granted for the sale of alcohol between the hours of 6.00 and 23.00 hours daily, Monday to Sunday”.