To inform Members that an application has been received for the Grant of a premises licence under the Licensing Act 2003 from Mr Srinivas Reddy Patlola to sell alcohol off the premises at Bathside Convenience Store, 5 Ingestre Street, Harwich, Essex, CO12 3JA and further that an objection to the proposed licensable activity has been received from members of the public.

The Sub-Committee heard from the Licensing Technical Officer that the application had been made under the Licensing Act 2003 for a Premises Licence to include the sale of alcohol off the premises.

The applicant had described the premises as a Convenience Store.

The applicant had proposed that the store’s opening hours be as follows:

Monday to Sunday                 06:00 to 23:00

The applicant had proposed, in his application, to open to the public for the sale of alcohol on the following days/hours:

Monday to Sunday                  08:00 to 23:00

The Sub-Committee was informed that the applicant had outlined steps in the application to promote the four licensing objectives. A summary of the application was attached as Appendix A of the Officer report.

Members were informed that all responsible authorities had been consulted with as per procedure and no representations had been received.

Two representations had been received from members of the public. Those had been attached as Appendix B of the Officer report.

Members were reminded that each application must be considered in its own rights and on its own merits only on how it might impact the four licensing objectives, which were the prevention of crime and disorder, prevention of public nuisance, public safety and protection of children from harm.

Srinivas Patlola, the applicant, had presented the Sub-Committee with papers from various members of the public who had written in support of the application. However, the presentation of those documents without prior notice was against procedure, and therefore the Chairman (Councillor Wiggins) adjourned the meeting in order for the objector present at the Hearing to review those documents and determine whether he was willing to allow them to be included as part of the hearing.

Following a 3-minute adjournment, the objector agreed that those documents to be circulated to Members and Officers.

The applicant then spoke in support of the application, stating that the shop would not be open until 11pm on a regular basis.

The Chairman (Councillor Wiggins) adjourned the meeting at this time and the applicant and objector left the room whilst discussions took place between Officers and the applicant; to clarify the hours that he wished to apply for as part of the licence to sell alcohol on the premises.

After a 30-minute adjournment, the applicant and objector returned to the room.

The applicant informed Members that, during the hours the shop was open, but alcohol was not being sold, he would have the alcohol covered with a curtain. He also stated that he had a sales refusal book which he would use for any refusals during this period and he had agreed to display the timings for the sale of alcohol clearly in the premises.

Due to the change of hours, it had been confirmed with the objector that he still wished to continue with the hearing.

The objector present spoke against the application. The points raised were heavily weighted on parking issues, which the objector had been advised by the Sub-Committee that this could not be considered, due to it not being part of the four licensing objectives.

The Chairman (Councillor Wiggins) adjourned the meeting once more at this time whilst the Sub-Committee retired to deliberate. The Litigation Lawyer (Sarah Opene) and Democratic Services Officer (Katie Koppenaal) retired with the Sub-Committee for observatory reasons only.

Upon resuming the meeting, the Chairman (Councillor Wiggins) read out a statement as follows:

“The Sub Committee has given careful consideration to this application. The premises is Bathside convenience store, located at 5 Ingestre street, Harwich, CO12 3JA.

In reaching its decision, we have taken into account the views expressed by the Applicant Mr Patlola and the objector. The Council has considered statutory guidance and the Licensing Authority's Policy.

It has also considered the licensing objectives namely, the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. Alongside the application the Committee considered the additional evidence adduced at the hearing by the applicant.

The opening hours are 6am – 10pm. The decision of the Sub-Committee is to grant the licence for the sale of alcohol for the hours of 8am – 9:30pm subject to:

1.  lockable shutters being installed over the alcohol display station and lockable fridge containing alcohol, the lockable shutters shall be of a type approved by the Licensing Authority and shall be of a rigid construction to prevent and deter unauthorised access and;
2. the grant is subject to actioning of the undertakings given in the applicant’s operating schedule and other mandatory conditions.

Outside of the alcohol licensed hours no alcohol shall be visible in the retail area of the premises and shall be locked behind the shutters referred to.  

The licensing department will visit the premises to ensure compliance before the sale of alcohol can begin.

There has been no advise from legal in arriving at our decision.

You will get notification of this decision in 5 days.”