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Public Report BIRMINGHAM CITY COUNCIL PUBLIC REPORT Report to: Licensing Sub Committee B Report of: Interim Assistant Director of Regulation & Enforcement Date of Meeting: Tuesday 30th June 2020 Subject: Licensing Act 2003 Premises Licence – Grant Premises: Anna Off Licence, 38 Bridge Road, Saltley, Birmingham, B8 1TD Ward affected: Alum Rock Contact Officer: Bhapinder Nandhra, Senior Licensing Officer, [email protected] 1. Purpose of report: To consider representations that have been made in respect of an application for a Premises Licence which initially sought to permit the Sale of Alcohol (for consumption off the premises) to operate from 06:00am until 12:00midnight (Monday to Sunday). Premises to remain open to the public from 06:00am until 12:00midnight (Monday to Sunday). After discussions with West Midlands Police, the applicant has agreed to amend the scope of the application and permit the Sale of Alcohol from 06:00am until 11:00pm (Monday to Sunday). 2. Recommendation: To consider the representations that have been made and to determine the application. 3. Brief Summary of Report: An application for a Premises Licence was received 11th May 2020 in respect of Anna Off Licence, 38 Bridge Road, Saltley, Birmingham, B8 1TD. Representations have been received from other persons. 4. Compliance Issues: 4.1 Consistency with relevant Council Policies, Plans or Strategies: The report complies with the City Council’s Statement of Licensing Policy and the Council’s Corporate Plan to improve the standard of all licensed persons, premises and vehicles in the City. 1 5. Relevant background/chronology of key events: Krishnapillai Peraparan applied on 11th May 2020 for the grant of a Premises Licence for Anna Off Licence, 38 Bridge Road, Saltley, Birmingham, B8 1TD. Representations have been received from other persons, including two petitions at Appendices 78 and 79. See Appendices 1 – 79. The application is attached at Appendix 80. Conditions have been agreed with West Midlands Police and the applicant, which are attached at Appendix 81. Site Location Plans at Appendix 82. When carrying out its licensing functions, a licensing authority must have regard to Birmingham City Council's Statement of Licensing Policy and the Guidance issued by the Secretary of State under s182 of the Licensing Act 2003. The Licensing Authority is also required to take such steps as it considers appropriate for the promotion of the licensing objectives, which are:- a. The prevention of crime and disorder; b. Public safety; c. The prevention of public nuisance; and d. The protection of children from harm. 6. List of background documents: Copy of the representations as detailed in Appendices 1 - 79 Application Form, Appendix 80 Conditions agreed with West Midlands Police, Appendix 81 Site Location Plans, Appendix 82 7. Options available To Grant the licence in accordance with the application. To Reject the application. To Grant the licence subject to conditions modified to such an extent as considered appropriate. Exclude from the licence any of the licensable activities to which the application relates. Refuse to specify a person in the licence as the premises supervisor. 2 Appendix 1 From: Mariam Khan Sent: 08 June 2020 22:57 To: Bhapinder Nandhra; Licensing Subject: Objection - 38 Bridge Road, B8 1TD RE: 38 Bridge Road, Alum Rock, Birmingham, B8 1TD. I write to submit a formal objection for the sale of alcohol from the above named premises. I strongly believe that granting a licence will not achieve any of the following licensing objectives: 1. Prevention of crime & disorder 2. Public safety 3. Prevention of public nuisance 4. Protection of children from harm Rather, I believe that granting a licence for the sale of alcohol will have a negative impact on crime & disorder, public safety, public nuisance and the potential harm of children. I would like to submit a formal objection as a local Councillor for the Alum Rock ward & write to raise my strong concerns about the detrimental impact this would have on the local area, the residents and the quality of life. In an area which already suffers from deprivation, criminal activity, anti-social behaviour & drug dealing, granting a licence for the sale of alcohol to a shop in the centre of a residential area will only attract more of what is stated above, especially as there is already a licensed premises approximately 500 metres away. There is a strong local objection from residents, businesses and community organisations who all agree that this will result in an increase of criminal activity and gang activity alongside putting the most vulnerable at more risk whereby the temptation of an increased availability of alcohol will affect the mental and physical wellbeing of those who already suffer from mental health and other complex issues. With regards to ‘protection of children from harm’, there are a number of local primary schools nearby such as The Rosary Catholic Primary School & Parkfield School alongside place of worship & religious educational institutions such as Zia Ul Quran Jamia Mosque, St Mary’s Church & Madrassa Salafiyyah where children attend classes. The majority of these children live locally and would therefore travel by foot to & from the respective institutions and by having an increase in the sale of alcohol in this area, would pose a danger to the children as an increase in consumption will ultimately result in more anti-social behaviour, violence, disorder and nuisance on the streets. There is also fear that the local park within the vicinity which although is utilised by families and children, does unfortunately also attract anti-social behaviour and gangs (especially during Summer nights) will result in more people drinking alcohol in the park; leaving empty bottles & cans to add to the ongoing environmental issues around litter & flytipping as well as an increase in criminal activity. In addition, the premises is situated in close proximity to St Peters Housing Trust which houses vulnerable people including the elderly, who are already fearful of going outside due to the concerns of anti-social behaviour and drug dealing. Granting the licence would mean further isolating an already vulnerable group of people and further increasing the risk to them. There is a strong fear of a detrimental impact on the rates of domestic violence in the area as an increased availability of alcohol will result in families suffering from those who become abusive when consuming alcohol. This will have a knock on effect on the mental health and well-being of not only the direct victims of abuse, but entire families as well. In an area which already suffers from socio-economic deprivation, there are not enough support services in place required to respond to these issues. 3 I have also attached photographs of the shop which has been open to the public today despite there being a clear safety hazard in the form of dumped rubbish & planks of wood with long nails. This lack of consideration for the public and local residents demonstrates another reason why this licence should not be granted as customers have been put in danger by the owners who have selfishly left the rubbish on their doorstep. At a time where most children are not in school and therefore more likely to walk past & come across the safety hazard, this dangerous negligence is not welcome in this area. In conclusion, I would like to formally submit my very strong objection against granting a licence for the sale of alcohol at 38 Bridge Road, Alum Rock, Birmingham, B8 1TD as this will not enhance the local area in any shape of form but will rather cause harm to an already deprived area which suffers from a number of issues already. The sale of alcohol will add to these problems immensely. I would request that all of the above be taken into consideration when making a decision; alongside the objections from my colleague Cllr Mohammed Idrees, Liam Byrne MP, local community organisations and local residents who all oppose the granting of this licence. Yours sincerely, Councillor Mariam Khan 4 5 6 7 8 Appendix 2 From: Councillor Mohammed Idrees Sent: 08 June 2020 17:03 To: Bhapinder Nandhra Subject: Anna off licence, 38 Bridge Rd, Birmingham, B8 1TD Bhapinder Nandhra Senior licencing officer Licencing section P O BOX 17013, Birmingham B6 9ES Application Reference : 115393 Dear Bhapinder Nandhra, I am submitting a very strong objection to oppose the above application for the sale of alcohol from the premises. The basis of my objection letter is stated below. As the granting of this licence for the above stated premises will not promote any of the licencing objectives, including: 1 The prevention of crime and disorder 2 Public Safety 3 Prevention of Public Nuisance 4 Protection of Children from Harm I oppose this application both as an Elected Councillor for Alum Rock Ward, as well as a local resident in the area. As I have lived on College Road from the last 31 years and the premises are less than 220 yards from where I live. The premises is situated in the most thickly populated residential area. There is Rosary Catholic Primary School Nursery just opposite the shop. There are to Primary Schools, Rosary Catholic Primary School on Bridge Road and Parkfield Community School on Parkfield Road. There are 3 Mosques: 1 Zia Ul Quran Mosque on Saint Saviours Road. 2 Muhammadi Mosque on Hartopp Road. 3 Farooq E Azam Mosque on the corner of College Road and Couchman Road. There is a Church on the corner of Bridge Road and Parkfield Road. All these are in close proximity to the shop. There is St Peters Housing Association Ltd just facing the shop. The Housing Association Manages 99 flats, housing single people, couples and families.
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