Agenda item - Co-operative, Whitehawk Road, Brighton - Application for a Variation of a Premises Licence under the Licensing Act 2003

Report of Head of Regulatory Services (copy attached).

149.1     The Panel considered a report of the Head of Regulatory Services regarding an application for a variation of a premises licence under the Licensing Act 2003 for the Co-operative, Whitehawk Road, Brighton.

149.2     Mr Chris Wood, Operations Manager, East Brighton Co-operative, and Mr Graham, Solicitor attended the meeting to speak in favour of the application.     

149.3     The objectors were not in attendance.

149.4     The Licensing Officer summarised the application and explained that one representation had been received from a local business. The representation had concerns relating to the Prevention of Crime and Disorder and the Protection of Children from Harm.  A representation had been received from Sussex Police which included conditions relating to Prevention of Crime and Disorder and the Protection of Children from Harm.  The representation was withdrawn as the applicant agreed to the conditions and amended the operating schedule accordingly.  A further representation was not accepted as it fell outside of the designated area.   The store was not situated in the CIA or Special Stress Area.

149.5     Mr Graham set out the case for the applicants.  He stated that much of what he said would apply to both applications being heard today.  (The Panel were also considering an application for the Co-operative Store in St James’s Street, Brighton).  The Panel agreed that they should consider both cases in turn, but that they would make their decisions in one session.  

149.6     Mr Graham set out some background information in relation to the Co-operative Stores and the reason for the application.  The Co-operative was the 5^th largest UK retailer and had 3800 stores in the UK with 76,000 staff.  It was the largest consumer co-op in the world.  Both applications were for convenience stores.  Part of the convenience was providing facilities for customers to shop when they wished.  This would include the sale of alcohol, which made up 15% of total sales. 

149.7     Mr Graham explained that the Co-operative had 100 years experience as retailers and they understood their responsibilities.  All stores had a Due Diligence Manager who liaised with the Statutory Authorities and ensured policies were upheld.  There were good procedures in place and an extensive training regime for anyone selling alcohol.  This included a buddying system and refresher courses.  Training took place every 8 weeks for the St James’s Street Store and at least every 12 weeks elsewhere.  There were 6 Personal Licence Holders at the Whitehawk store.   

149.8     Mr Graham explained that alcohol was positioned as far away as possible from the door and tills.  The fact that the applicant did not have a history of disorder was a testament to the effectiveness of the procedures.  The Co-operative stores had age prompt tills, electronic records of refusals, they operated the Challenge 25 policy and kept verification of age where appropriate.  As an organisation they ensured that policies were effective.  Their typical customer was the middle age lady shopper.  

149.9     Mr Graham explained that the application was to extend the current hours of the licence.  This was being done as a result of a survey and information received from customers.  Customers wanted longer hours.  Many were shift workers, and people generally were working longer and later hours.  As a result, a project of varying the hours was taking place across the country.

149.10   Mr Graham stressed that there was no nuisance in relation to the Whitehawk store.  There were 20 members of staff and 6 Personal Licence Holders.  Mr Graham referred to the letter from the Police set out on page 25 of the agenda.  The proposed conditions agreed with the Police were already in place. 

149.11   Mr Graham stressed that objections must be based on evidence and not speculation.  The letter of objection speculated on what the impact might be.

149.12   Councillor Marsh asked if the Police had agreed the earlier opening time of 06.00 hours.  Mr Graham confirmed that the police had agreed to the hours requested.

149.13   The Chair asked if the store was likely to get self service tills.  Mr Wood replied that both the Whitehawk and St James’s Street Stores were small and it was not the policy or intention to self scan in these stores. Where self service tills were in operation, a supervisor was automatically called when alcohol was scanned. 

149.14   The Chair asked what happened if a drunk person wanted to buy alcohol at 06.00 hours.  Mr Wood replied that the sale of alcohol would be refused.

149.15   The Licensing Officer gave her closing observations.  The application was to extend the licenced hours and opening hours of the store to 06.00 to 23.00 hours every day.  She quoted licencing guidance and stressed that each application should be considered on its own merits.   

149.16   The Panel Lawyer stressed that any conditions should be canvassed with all parties.

149.17   RESOLVED - The Panel has listened to all the submissions put forward and carefully considered the arguments and written local representation.

               The Panel note that this store is not within the Cumulative Impact Area and that the Police had withdrawn their objection to the proposed extension of hours, upon agreement of conditions. 

               The Panel have heard evidence that the applicant has training in place to combat under age sales and policies in place to control alcohol sales. 

               The Panel are therefore granting this variation subject to the conditions put forward by the Police, which the Panel consider will fulfil the licensing objectives.