DELEGATEDAGENDA NO.

REPORT TO LICENSING SUB COMMITTEE

DATE:29th April 2013

REPORT OF HEAD OF COMMUNITY PROTECTION

LICENSING ACT 2003

APPLICATION FOR GRANT OF A PREMISE LICENCE

SHELL YARM, THIRSK ROAD, STOCKTON ON TEES

SUMMARY

The purpose of this report is for Members to determine an application for the grant of a premise licence under the Licensing Act 2003 in respect of a premise, which is part of a garage premises and to which there has been a representation from an Interested Party.

RECOMMENDATION

That Members determine the application.

THE APPLICATION

  1. An application has been received from Shell UK Oil Products Limited, in relation to their forecourt store, which has a retail space of approximately 600 square feet, at Shell Yarm, Thirsk Road, Yarm, Stockton on Tees. The site consists of a petrol filling station and a retail outlet. The applicant has applied for the grant of a premise licence for the following:

Supply of Alcohol Off the Premises: Monday to Sunday00.00 until 24.00 hours

Late Nigh Refreshment: Monday to Sunday 23.00 until 05.00 hours

A copy of the application form is attached at Appendix 1.

After mediation with Cleveland Police the applicant has reduced the hours for the supply of alcohol to Monday to Sunday 06.00 until 23.00 hours. The trading hours for Late Night Refreshment remains the same. Copy attached at Appendix 2.

RESPONSIBLE AUTHORITIES

  1. Representations had been received from Cleveland Police and Environmental Health however; the representations were withdrawn after the applicant had agreed to reduce the hours for the supply of alcohol.

INTERESTED PARTIES

3.One representation has been received from an Interested Party relating to the prevention of public nuisance objective. Copy attached at Appendix 3.

ADDITIONAL INFORMATION

4.Attached at Appendix 4 is a map showing the location of the premises.

POLICY CONSIDERATION

5.Members are respectfully reminded of the need to give due consideration to Stockton Borough Councils Licensing Policy Statement and the Section 182 Guidance issued under the Licensing Act 2003 when determining this application.

6.Members must carry out their functions with a view to promoting the four licensing objectives:

  • The prevention of crime and disorder
  • Public safety
  • The prevention of public nuisance
  • The protection of children from harm

MEMBERS OPTIONS

7.Members are advised that under the provisions of Section 176(1) The Licensing Act 2003

no premises licence has the effect to authorise the sale by retail or supply of alcohol on or from any excluded premises.

In this section ”excluded premises” includes premises used primarily as a garage or which form part of premises which are primarily so used.

For the purposes of this section premises are used as a garage if they are used for one or more of the following –

(i)the retailing of petrol,

(ii)the retailing of derv,

(iii)the sale of motor vehicles,

(iv)the maintenance of motor vehicles

Members will therefore initially need to determine whether these proposed premises form part of premises that are primarily used as a garage. In this respect the applicant has submitted an analysis of intensity of use for the shop versus the forecourt, for the period 1 October 2012 until 31 December 2012 copies of which are attached.

Members are advised that the Section 182 Guidance issued under The Licensing Act 2003 at paragraph 5.22 states that it is for the licensing authority to decide whether or not premises are used primarily as a garage. The accepted approach is based on “intensity of use” to establish “primary use”. For example, if a garage shop in any rural area is used more intensely by customers purchasing other products than by customers purchasing the products or services listed above, it may be eligible to seek authority to sell or supply alcohol.

Paragraph 5.23 advises where there is insufficient evidence to establish primary use; it is for the licensing authority to decide whether to grant the licence and deal with any issues through enforcement action and it may be able to use its case management powers to enable further evidence to be obtained.

8.Members may then consider the following options:

(i)Defer the application to a future hearing date if it is considered that primary use has not been resolved

(ii)To refuse the application

(iii)To grant all or part of the application and subject to any conditions considered necessary to promote the four licensing objectives

9. A plan showing the layout of the premise is attached at Appendix 5.

ASSOCIATED PAPERS

10.The following appendices are attached for information:

Appendix 1 - Application Form

Appendix 2 - Letter confirming reduced hours

Appendix 3 - Representation from Interested Party

Appendix 4 - Location Map

Appendix 5- Plan

Head of Community Protection

Contact Officer: Craig Barnes

Telephone No. (01642) 526568

Email Address:

Financial Implications: None

Environmental Implications:The Licensing Act 2003 requires the licensing authority to have regard to:

  • Public safety; and
  • The prevention of public nuisance

Any conditions imposed should reduce the potential for environmental harm.

Community Safety Implications:The Licensing Act 2003 requires the licensing authority to have regard to:

  • The prevention of crime and disorder

Any conditions imposed should reduce the potential for crime and disorder.

Background Papers:Stockton Borough Council Licensing Policy Statement and Section 182 Guidance

Ward(s) and Ward Councillors: Yarm Ward

Councillor Chatburn

Councillor Houchen Councillor Sherris