Loading
The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – That the Sub-Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, and the Council’s Statement of Licensing Policy, GRANTED the application.
There were no declarations of interest.
Decision as recorded
RESOLVED – That the Sub-Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, and the Council’s Statement of Licensing Policy, GRANTED the application.
Present: Applicant: Jenarthen Saravanamuthu Leah Ellison (Hugh James Solicitors) Ward Councillors: Cllr Garry Hunt Cllr Bethan Proctor Interested Others: Philip Lalande Mair Davies Gaynor Mayers The Application An application for the grant of a Premises Licence had been received from JAT Stores Limited in respect of Premier Kimberley Terrace, 29-30 Kimberley Terrace, Llanishen, Cardiff, CF14 5EA. The applicant applied for the following: (1) In respect of the following licensable activities: (i) The sale by retail of alcohol for consumption off the premises. (2) Description of Premises (as stated by applicant): “The premises are a former bank which we have leased to occupy and trade as a general convenience store selling a range of chilled and ambient grocery and non-grocery items, alcohol, tobacco and ancillary products”. (3) Unless otherwise indicated the premises may be open to the public during the following hours and for any hours consequential to the non-standard timings: Monday to Sunday: 06:00 to 22:00 hours (4) To provide licensable activities during the following hours: The sale by retail of alcohol for consumption off the premises: Monday to Sunday: 06:00 to 22:00 hours Applicant Representation: The applicant’s representative Ms Ellison outlined key points about the application which is on the site of a former Lloyds Bank and is for the sale of alcohol for consumption off premises between the hours of 06:00 to 22:00. Representations had been received from South Wales Police and from Pollution Control; the conditions set out in these representations were received and the objections were withdrawn. The applicant is a very experienced retailer who operates 5 other stores across South Wales. Despite his efforts to engage with local residents, their objections have not been withdrawn. Ms Ellison noted that the application is a straightforward one. The representations from residents focus principally on litter, antisocial behaviour, traffic, deliveries, and the number of stores selling alcohol already present in the area. Taking these in turn, litter is not a matter for licensing. However, the applicant wants to be a good neighbour and has agreed to place a bin outside the store. One resident’s representation refers to antisocial behaviour or the possibility thereof. All staff will be trained in Challenge 25 and no member of staff will be permitted to sell alcohol without having been trained. The DPS will keep a record of training. Concern had been raised about the possibility of antisocial behaviour arising when customers leave the nearby Church Inn at its closing time. The store will close at 22:00 whereas the Church Inn closes at midnight, so the store will be closed when customers leave the Church Inn. Ms Ellison referred to case law and reminded the Subcommittee of the case of Thwaites which established the important role of responsible authorities in licensing cases as experts in their field. She reminded the Subcommittee that in the present case South Wales Police had not raised concerns regarding antisocial behaviour. Turning to traffic and deliveries, Ms Ellison accepted that Kimberley Terrace is a narrow road but noted that traffic is not a relevant matter in licensing. However, the applicant wants to be a good neighbour and has provided a map showing the unloading area where delivery vehicles will unload and from where deliveries will be made to the store to avoid disturbance. Ms Ellison noted that the presence of other stores in the area already selling alcohol was a major concern for residents, but referred to Cardiff Council’s Statement of Licensing Policy section 4.6 and noted that the presence of other stores is not a relevant consideration for the Committee. Regarding the petition submitted by residents, Ms Ellison referred again to the Statement of Licensing Policy and reminded the Committee that a petition counts as a single representation on behalf of the person submitting it. In conclusion, Ms Ellison stated that the applicant has gone out of his way to meet the concerns of residents, but noted that many are not relevant to licensing considerations and should not be considered by the Committee. Questions to applicant Members asked a number of questions of the applicant and received the following responses: · DPS refers to the Designated Premises Supervisor. The applicant maintains a dedicated DPS for each of his stores so that they local knowledge. · Each of the applicant’s stores operates Challenge 25. A record of any attempt to purchase alcohol by an under-age customer is kept in a book in each store and staff are shown CCTV images of each such customer. · The delivery system for alcohol purchases is used at the applicant’s other stores and no issues have arisen with it. · There have been no issues with antisocial behaviour associated with the applicant’s stores since 2011. There was an incident where a child came into a store to steal beer and take it to their school; the applicant contacted the child’s school and the issue was resolved. · The applicant has good relations with local communities and schools around all his stores, and sponsors local sports teams. Ward Councillor Representations Cllr Proctor noted that the residents of Llanishen and particularly Kimberley Terrace are deeply unhappy with the application and have raised concerns regarding the hours of opening and alcohol sales, increased traffic, parking and the risk of antisocial behaviour. She referred to the Cumulative Impact Assessment which covers issues such as noise, litter, crime and antisocial behaviour. She understood that the CIA only covers the city centre but noted that it refers to the number of licensed premises in an area. There are already other stores close to the proposed one that sell alcohol from 06:00 to 22:00, and while she understood that South Wales Police have not raised concerns about ASB, she noted that the Licensing Statement refers to research about the impact the number of licensed premises can have in an area. The Chair advised that as Llanishen is not part of the Cumulative Impact area the Committee could not consider these matters, and cautioned Cllr Proctor not to refer to them. Cllr Proctor stated that she would like it put on record that the number of licensed premises in an area can have an impact on licensing objectives. Cllr Proctor stated that she is a member of a litter picking group and her experience was that the presence of licensed premises in Llangranog Road allows the accumulation of litter despite the presence of litter bins. She noted that Kimberley Terrace is a residential street and is used a pathway for two schools. Questions were asked of Cllr Proctor and the following responses received: · Cllr Proctor and Cllr Hunt enjoy good relations with the local Police. A year ago a person was held at knifepoint in the Londis store at the corner of Kimberley Terrace. Cllr Proctor receives weekly reports from local residents concerned about antisocial behaviour on the part of youths riding along Kimberley Terrace on e-bikes. Kimberley Terrace is closed at one end so youths ride through it at 20-30mph to escape police. · The applicant’s representative noted that Cllr Proctor had referred to 2 other stores in the area that sold alcohol from 06:00 to 22:00 and asked why the applicant’s was different. Cllr Proctor replied that it was a matter of saturation. · The applicant’s representative referred back to Cllr Proctor’s comments about litter in Llangranog Road and noted that Llangranog Road is a mile away from Kimberley Terrace, close to a school and facing a park. Cllr Proctor disputed that Llangranog Road was facing a park and noted that it was a little distance from the primary school, her point was that the presence of the convenience store increased the litter there. Cllr Hunt stated that the issue of antisocial behaviour was of pivotal importance to this application. He expressed astonishment that South Wales Police had commented on it, as Kimberley Terrace residents have expressed their concerns about ASB at PAC meetings for many years. He expressed surprise that the responsible Police officers had not contacted the local PCSO’s who were aware of the concerns of Kimberley Terrace residents. Cllr Hunt referred to an incident in June 2023 when a local drug user had held up a shopworker in the Londis store at the end of Kimberly Terrace at knifepoint in an armed robbery, noting that the perpetrator would have walked up Kimberley Terrace. Cllr Hunt noted that while Station Road has shops on both sides, Kimberley Terrace is a residential road with shops only on one side and houses opposite the shops. It should therefore be treated differently with the impact of additional shops on houses opposite considered. Questions were asked of Cllr Hunt, and the following responses received: · Members observed that the applicant was planning to install CCTV and that this would improve security in Kimberley Terrace. Cllr Hunt stated that there was already CCTV in the road and it had been used in the prosecution following the armed robbery; it had not prevented the incident taking place. · Members sought clarification regarding the armed robbery, noting that it was carried out by a drug user and asking whether Cllr Hunt was suggesting it was related to the sale of alcohol at the Londis store. Cllr Hunt stated that he believed the intention of the assailant was to take money from the cash till in order to buy drugs, but that when he failed to get the till open he took cigarettes and perhaps alcohol instead. Objectors’ Representations Ms Mayers stated she had lived in Kimberley Terrace since 2018. The premises involved in the application had been a branch of Lloyds Bank until it closed in October 2023. Adjacent premises are open for shorter hours and the proposed opening hours of 06:00-22:00 will make a big difference in the street. The proposal is different to the Londis and Co-op stores on Station Road as Kimberley Terrace is a residential road not a commercial street. Ms Mayers referred to the Licensing Objectives and stated the following in regards to them: · Public safety – the application will result in increased traffic in a very narrow road; · Prevention of public nuisance – the application will lead to increased noise disturbance from customers to the shop in the early morning and late evening; · Protection of children from harm – the availability of alcohol, tobacco and vapes in a residential road will result in young people congregating around the store. Mr Lalande stated that he had lived in Kimberley Terrace for 40 years in a house opposite the proposed store. When residents had objected to a branch of McDonald’s opening they had been advised by the Planning Committee that Llanishen had to move into the 21st century. The road is narrow and dangerous. Elderly people have had falls in the road. Children pass through it on their way to and from Coed Glas Primary School and Llanishen High School. It used to be busy with traffic but is now closed off at the Station Road; however, this does not prevent people passing through on e-bikes. Local residents have had their walls damaged by vehicles reversing. Mr Lalande expressed concern that people would use the store to return items purchased online. Mr Lalande referred to the armed robbery at the Londis store and stated that there have also been incidents at the Co-op store in Station Road. The Chair advised Mr Lalande that traffic was not a material consideration for the Committee and asked what specific objections he had. Mr Lalande stated that there is no CCTV in Kimberley Terrace and that the armed robber was identified from a resident’s doorbell video. Having CCTV in the road would be a benefit. Mr Lalande stated that the area marked as an unloading area for delivery vehicles on the map provided by the applicant was the entrance to the Church Inn, with residents’ parking on the other side. The layby in front of the store is residents’ parking. Questions were asked of Mr Lalande and the following responses received: · Members asked how the application would increase the presence of e-bikes in Kimberley Terrace. Mr Lalande stated that the sale of vapes, tobacco and alcohol would increase footfall in the road. He could not say specifically that it would increase the presence of e-bikes but he thought it would. Ms Davies stated that planning permission existed for a grocery store open 09:00-17:00 and that the current application bore no relation to that. She stated that there was no passing trade in the road and that the presence of the store would increase footfall. There is no access to turn vehicles and the presence of delivery vehicles will cause a hazard. She expressed concern about an increase of litter in the road and scepticism about whether schoolchildren would use the bin. She also expressed concern about a lack of police in the area to control trouble. The Chair advised Ms Davies that if residents experienced problems related to the licence they could bring them back to the Committee which would reconsider it. Questions were asked of Ms Davies and the following responses received: · Ms Davies stated that planning permission existed for a store but not for the sale of alcohol. Members advised that planning permission was a matter for the Planning Committee and that the Committee could only consider the premises’ alcohol licence. Summing Up Ms Davies stated that she could not understand why it was considered appropriate to have such a store in a narrow residential road. Mr Lalande expressed concern about an increase in traffic in Kimberley Terrace which was an area of residential parking, stating that a car boot sale in the nearby rugby club adds to the traffic. Ms Mayers expressed concern that the presence of the proposed store would cause a public nuisance with an increase in noise and traffic and a danger to the safety of pedestrians. Cllr Hunt stated that it was understandable that residents should express concern about the application. There was a history of concern about ASB in Kimberley Terrace and there had been a serious incident in the Londis store at the corner of Kimberley Terrace and Station Road. The narrowness of the road and the fact that it is a residential area accentuates the problems with ASB. Cllr Proctor referred to the Licensing Objectives in relation to the prevention of crime, public nuisance and protection of children from harm and stated that approval of the application would increase risk across all objectives. She referred to research indicating that the presence of licensed premises increases the risk of ASB. The applicant’s representative stated that the application was a straightforward one and it was not unusual to have a convenience store on a residential street. The applicant is a very experienced and successful store owner and has had no issues at any of his stores. He has agreed to conditions not strictly to do with licensing. Many of the matters referred to during the hearing were not licensing considerations. Ms Ellison referred to the matter of saturation raised by Cllr Proctor and pointed to section 4.6 of Statement of Licensing Policy which states that the presence of other stores is not a consideration for Committee. She noted that the incident in the Londis store in June 2023 was not related to the sale of alcohol. She referred to the Thwaites case which established that experts’ opinion should be given due weight, and noted that South Wales Police’s objections had been withdrawn and that they had not referred to ASB. Decision The Sub-Committee noted that the applicant agreed the proposed conditions with South Wales Police and Environmental Health Pollution Control prior to the hearing and as a result their objections were withdrawn. The applicant also offered the following conditions to help allay the concerns of residents. These were that: 1. Any deliveries made by large multi-wheeled vehicles to the premises will be unloaded at the area hatched blue on the attached plan and taken to the premises by the use of wheeled cages. Smaller deliveries by way of transit type vehicles will be made to the premises directly. 2. Deliveries to the premises shall not be made before 10.00 hours. 3. A waste receptacle will be placed outside the premises. The Sub-Committee noted that the Cumulative Impact Assessment does not apply to this application and where such an assessment does not apply, in accordance with the Licensing Act 2003 there is a presumption to grant an application and the Sub-Committee cannot consider issues relating to a saturation of licensed premises. The Sub-Committee also noted that issues relating to parking and litter are not a consideration for this Sub-Committee. This application relates to the sale of alcohol and as such this Sub-Committee’s remit can only consider the sale of alcohol. The Sub-Committee did not feel that the objections satisfactorily evidenced how the application, if granted, would undermine the Licensing Objectives. RESOLVED – That the Sub-Committee, having considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, and the Council’s Statement of Licensing Policy, GRANTED the application.
There were none.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
Lists the council's current councillors only. Co-opted members, officers and former councillors aren't shown.