Rother District Council

Committee - General Licensing Panel Date - 5 March 2020 Report of the - Executive Director Subject - Application for a Premises Licence – WK/201911459 34-36 Road, Bexhill-on-Sea, East , TN39 5AB

Recommendation: It be RESOLVED: That the application for a Premises Licence be determined.

Head of Service: Richard Parker-Harding

1. Introduction

Representations have been made regarding the application for a premises licence; therefore it has been referred to this Panel for determination.

1.1 Applicant Details:

Name: Premier Convenience Store

Address: 34-36 Ninfield Road, Bexhill-on-Sea, TN39 5AB

1.2 The Premises:

Details of the premises subject of the application are as follows:

34-36 Ninfield Road, Bexhill-on-Sea, TN39 5AB

Please see the Location Plan, Photographs and Floor Plan at Appendices A, B and C respectively.

Location:

The premises subject of the application is situated on Ninfield Road in Sidley, Bexhill-on-Sea. The area is a mixed residential/commercial ‘High Street’ with a selection of fast food outlets, shops etc. with flats above some of the premises. Of these, a number sell alcohol.

Description:

The premises was formerly a discount furniture store and the Applicant wishes to open a Premier convenience store combining the retail sale of conventional grocery produce and alcohol. The plan at Appendix C shows the proposed layout of the store.

GLP200305 – 34-36 Ninfield Road 2. The Application and Opening Hours

The Applicant has applied for the following:

Sale of alcohol: Monday to Sunday 06:00-23:00hrs for off-sales only Opening Hours: Monday to Sunday 06:00-23:00hrs

3. Representations of Interested Parties

RELEVANT LICENSING ‘OBJECTIVE’ 32 representations Prevention of Crime & Disorder

The representations are concerned that the granting of this licence will increase the crime in the area. A total of 32 letters were received by the Authority, 11 of which did not provide the objectors’ full name and/or address. Whilst every effort was made to trace them there was not enough information to do so, therefore they cannot be deemed relevant. One representation which included a petition was received out of time and was therefore rejected.

The remaining representations comprise of one template letter which has been signed by each resident. For ease of reference the template and a list of those who have made relevant representations is attached at Appendix E.

4. Representations of Responsible Authorities

Rother District Council ‘Licensing Authority’ None received Rother District Council Planning Authority None received Rother District Council Community Protection None received Rother District Council Health & Safety Team None received East Sussex Fire & Rescue Service None received None received East Sussex Public Health None received East Sussex County Council Area Child Protection None received Committee East Sussex County Council Trading Standards None received Home Office Immigration Enforcement None received

5. Conditions Offered

The Applicant has described the steps the business intends to take to promote the licensing objectives. The conditions offered by the Applicant are reproduced in Appendix D.

6. Licensing History

The premises has no licensing history.

GLP200305 – 34-36 Ninfield Road 7. Summary

The representations to this application cite concerns over the crime in the area and therefore do not want another premises selling alcohol.

The Representors have been invited to address the Licensing Panel and have been requested to provide evidence of the existing crime and disorder problems associated with the sale of alcohol in support of their representation.

Section 14.19 of the guidance to the Licensing Act 2003 provides clarity around the need for licensed premises. There can be confusion about the difference between the “need” for premises and the “cumulative impact” of premises on the licensing objectives, for example, on crime and disorder. “Need” concerns the commercial demand for another pub or restaurant or hotel and is a matter for the Local Planning Authority and for the market. This is not a matter for a licensing authority in discharging its licensing functions or for its statement of licensing policy.

Members are reminded that ‘need’ is an amenity and is dealt with under planning. Crime and Disorder however is a licensing matter and therefore in their consideration Members should only address the crime and disorder licensing objective.

8. Legislation

The Licensing Act 2003 requires that the Council, as the local Licensing Authority, carry out its functions with a view to promoting the four Licensing Objectives: a) The Prevention of Crime and Disorder b) Public Safety c) The Prevention of Public Nuisance d) The Protection of Children from Harm

In exercising those functions, the Licensing Authority must also have regard to Guidance issued by the Secretary of State and its own Statement of Licensing Policy.

9. Consideration

When considering this application the following options are available to the Panel: a) to grant the licence subject to the conditions consistent with the operating schedule; b) to grant the licence subject to any modified conditions, which are considered appropriate to the promotion of the licensing objectives; and c) to reject the application in its entirety.

10. Conclusion

Having considered the written and oral representations and submissions made at the hearing, the Panel shall determine the application.

Malcolm Johnston Executive Director

GLP200305 – 34-36 Ninfield Road Risk Assessment Statement The Applicant and others party to the hearing have a right of appeal to the Magistrates’ Court.

Appendix A: Location Map Appendix B: Photographs Appendix C: Floor plans Appendix D: Conditions Proposed by the Applicant Appendix E: Representations from Interested Parties and List of Representors

GLP200305 – 34-36 Ninfield Road Appendix A LOCATION MAP

GLP200305 – 34-36 Ninfield Road Appendix B PHOTOGRAPHS

1. Premises Shop Front

2. South East View of Ninfield Road

GLP200305 – 34-36 Ninfield Road 3. South East View of Ninfield Road (further North)

4. View of Ninfield Road Looking North West

GLP200305 – 34-36 Ninfield Road 5. View of Ninfield Road, Premises and New Inn Public House

GLP200305 – 34-36 Ninfield Road Appendix C FLOOR PLANS

GLP200305 – 34-36 Ninfield Road Appendix D CONDITIONS OFFERED WITH APPLICATION

GLP200305 – 34-36 Ninfield Road

GLP200305 – 34-36 Ninfield Road