To inform Members that an application has been received for the grant of a premises licence under the Licensing Act 2003 from Kea Convenience Store Ltd for the sale of alcohol off the premises at Budgens Weeley, 7 Colchester Road, Weeley and further that objections to the proposed licensable activity have been received from members of the public.

The Sub-Committee heard from the Licensing Manager that an application had been received for the grant of a premises licence, under the Licensing Act 2003, from Kea Convenience Store Ltd for the sale of alcohol off the premises at Budgens Weeley, 7 Colchester Road, Weeley and that objections to that proposed licensable activity had been received from a member of the public and from Weeley Parish Council.

The applicant had described Budgens Weeley as a retail store selling products and offering other services such as parcel collections and bill payments.

The applicant had proposed to open to the public on the following days/hours:

Monday to Saturday               07:00 to 22:00

Sunday                                    08:00 to 21:00

The proposed sale of alcohol off the premises hours were:

Monday to Saturday               07:00 to 22:00

Sunday                                    08:00 to 21:00

The full application had been attached to the main report (A.1) as Appendix A.

The Sub-Committee heard that two representations/objections had been received from a resident and from Weeley Parish Council in relation to the application. Those letters of objection had been attached to the main report (A.1) as Appendix B.

Members were reminded that each application must be considered in its own right and on its own merits only as to how it might impact on the four licensing objectives which were the Prevention of Crime and Disorder, the Prevention of Public Nuisance, Public Safety and the Protection of Children from Harm.

The applicant, Kiritto Sebamalaimuthu, spoke in support of the application, confirming that the premises would be opening within weeks under a 20?year lease, thus demonstrating a long?term commitment. It was noted that the premises had been professionally fitted out and that the applicant had many years of experience working in licensed shops. Documents were presented to the Sub-Committee to highlight the measures in place to meet the licensing objectives, including staff training, CCTV, an incident log, and statutory notices. The applicant confirmed that deliveries would be made during the day, that planning permission had already been obtained, and that parking and traffic considerations had been addressed.

An objector, Parish Councillor Christine Hamilton, acting on behalf of Weeley Parish Council, spoke against the application, stating that the proposed hours for the sale of alcohol were unnecessary. Concerns had been raised regarding parking issues during peak times, with the view that the development would exacerbate existing pressures. It was also noted that an excessive proportion of the floorspace had been allocated to alcohol sales.

The Chairman (Councillor Wiggins) then adjourned the meeting at this time whilst the Sub-Committee retired to deliberate. The Litigation Lawyer (Sarah Opene) and the 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 detailing the Sub-Committee’s decision, which was as follows:

“The Sub-Committee has given careful consideration to this application. The premises being Budgens Weeley.

In reaching its decision, we have taken into account the views expressed by the Applicant Mr Sebamalaimuthu who stated that he has a check list which will be checked every week. His staff are trained with the training materials remaining on the premises and that the DPS lives only 5 minutes away. He also stated that the spirits will be kept behind a counter and he has a lease for 20 years. He has a manager who has had a personal license for about 15 years. There will be around many cameras covering the area, there will be a challenge 25 policy and regular staff training amongst others.

Mrs Hamilton reiterated the content of her objection stating that the floor plan showed approximately 25% of the retail space as being allocated for the sale of alcohol which she felt was disproportionate. She proceeded to ask that should the license be granted the hours be restricted. The Council has considered statutory guidance and the Licensing Authority's Policy.

The Sub-Committee 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.

The application has been determined on its own merit. The hours being sought for the sale of alcohol are Mondays – Saturdays 07:00 to 22:00, Sundays 08:00 to 21:00. The decision of the Sub-Committee is to grant the licence for the sale of alcohol for the hours as requested.

The grant is subject to actioning of the undertakings/conditions given by the Applicant and other mandatory conditions. 

There has been no advise from the Legal Advisor in arriving at our decision.

Anyone aggrieved by this decision can appeal to the Magistrate’s Court within the relevant statutory period.

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