Agenda item - Co-operative Store, 41-45 St James's Street, Brighton - Application for a Variation of a Premises Licence under the Licensing Act 2003

Report of Head of Regulatory Services (copy attached).

150.1     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, 41-45 St James’s Street, Brighton.

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

150.3     The objector was not in attendance.

150.4     The Licensing Officer summarised the application.  She explained that the original application was to change the licensed hours and opening hours of the store to 06.00 - 23.00 every day.  This had been changed to 07.00 to 23.00 every day following agreement with the Police.  One representation had been received from a local resident.  The representation had concerns relating to the Prevention of Crime and Disorder, Cumulative Impact and the Prevention of Public Nuisance.  A representation had been received from Sussex Police which included concerns relating to Cumulative Impact.  The representation was withdrawn as the applicant agreed to the reduction in the hours for the Sale by Retail of Alcohol and amended the operating schedule accordingly.  A further representation was not accepted as it was received out of time.

150.5     The Licensing Officer reported that the store was situated in the CIA.  She quoted Licensing Guidance on this matter but stressed that the special policy was not absolute and the Local Authority should consider the circumstances of each case.  If the application was unlikely to add to cumulative impact it may be agreed.  A complaint had been received last year regarding street drinkers in St James’s Street.  The complaint did not relate specifically to the Co-operative.  

150.6     Mr Graham set out the case for the applicants.  He referred to the background of the application (set out in the previous application for the Whitehawk Road store). As a result of discussions with the police the application had been amended.    

150.7     Mr Graham explained that the store had been opened in October 2002 and had 20 members of staff.  There were 5 Personal Licence Holders.  Alcohol was kept behind a Perspex barrier where there was no access to the public.  The conditions agreed for the Whitehawk Road store were already in place in the St James’s Street store.  Mr Graham invited the Panel to take a similar view to the Police regarding the extension of hours.  He considered that it would be unlikely to have any negative impact.

150.8          Councillor Simson asked why the Police felt that an hour would make a difference.  Mr Graham replied that he understood that it was simply because it was in the CIA.  The police had no problems with the hours on Sundays. 

150.9     Councillor Simson asked for confirmation that alcohol was placed at arms length.  Mr Wood confirmed that no off sales were on display.

150.10   Councillor Marsh asked if the applicants were happy with the reduction in hours and Mr Graham confirmed that they were.  Councillor Marsh asked if the store would now open at 07.00 hours.  Mr Graham confirmed that the store was proposing to open at 07.00 hours. 

150.11      The Chair raised the issue of advertising.  She mentioned that the Western Road Co-operative store had a picture of a large glass of wine outside the store, without any words.  Mr Wood replied that he was 99.9% certain that this was not the case with the St James’s Street store.  The Western Road store was run by the Southern Co-operative.    

150.12   The Chair asked Mr Wood if he was happy if this could be added as a condition, and Mr Wood confirmed that this would be acceptable.   However, he confirmed that the current condition prohibiting the advertisement of alcohol in the front window would probably cover such a picture of a glass of wine and the panel lawyer thought it could too. 

150.13   Councillor Simson asked if there were advertisements as part of a meal deal.  Mr Wood confirmed that the only meal deals offered were for a sandwich, a bottle of Coke and crisps.  The Co-operative rarely had meal deals with wine. 

150.14   The Chair asked for confirmation that no alcohol was stacked by the door.  Mr Wood confirmed that it was not.  

150.15   The Licensing Officer gave her closing observations.  She quoted licensing guidance in relation to applications in the CIA. 

150.16   Mr Graham stated that he had nothing further to add on behalf of the applicants.

150.17   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 within the Cumulative Impact Area and have taken into account the Council’s policy. 

The Police have withdrawn their representation as the applicant has amended their application to state that the hours for the sale of alcohol start at 07.00 hours rather than 0600 hours.  

               The Panel note that all alcohol is displayed behind a high Perspex Screen and wish to add those words to the current conditions so that the last sentence reads “All alcohol in the public area of the shop will be beyond arms reach behind a Perspex screen”.  The Panel consider that this will fulfil the licensing objectives. 

In view of the amended application and the stringent conditions already on this licence, including that alcohol is kept out of arm’s reach, the Panel share the view of the Police that this is not likely to add to Cumulative Impact.   The Panel are therefore granting this variation.