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RESOLVED that the application for a new premises application be granted subject to approved conditions. The decision of the Licensing and Gambling Sub Committee regarding the hearing held on 30th July 2024 in respect of an application for a new premises application is to approve the application for the sale of alcohol and provision of Late Night Refreshment as detailed within Paragraph 1.13 of the Officer report and the imposition of conditions set out in Appendix 10 of the Officer report. The Sub-Committee considered the representations from all parties in attendance at the hearing and those contained within the Sub Committee report. The Applicant made their representations for a new premises licence on the basis that Euro Garages Limited had been acquired by the Asda Group and that they manage over 1,000 licensed premises across the country. The Applicant put forward that there is a high standard of management when dealing with their licensed premises and despite the high number of premises under licence, Asda Group have never been subject to proceedings under the Licensing Act 2003. The Applicant also confirmed that this premises will not sell alcohol that is attractive to street drinkers – white ciders, single high percentage volume cans of lager and the like – and will adopt the challenge 25 system, prompts on the premises tills to highlight the sale of alcohol, spirits kept behind the counter and regular training for its staff. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the application and were satisfied with the suggested conditions found at Appendix 10 of the agenda pack. The Sub-Committee heard representations from Environmental Health who did not oppose the application subject to their recommendations in respect of the proposed licence, which had been agreed by the applicant. The Sub-Committee read written representations from the Licensing Authority in its role as a responsible Authority who referred to their representations contained within the agenda pack. The Licensing Authority Officer did not oppose the application subject to the proposed licence conditions at Appendix 10 of the report. The Sub-Committee considered the representations made on behalf of residents, who were represented in person by Mr K Ingram and Mrs L Lewis, along with written representations from over 100 local residents and the Local Ward Councillor, Cllr Morgan. Incidents of anti-social behaviour, violence and littering were raised as many of the concerns surrounding the premises being granted an alcohol licence, referring to problems that occurred during the previous owner’s tenure with a premises licence. The Sub-Committee queried with Gwent Police if there was any such incidents recorded. Gwent Police confirmed that they only had information for the past three years and there were no incidents recorded linked to anti-social behaviour with the premises post code area. The Sub-Committee did have significant concerns that the period of available information was limited to the last three years and queried why no information was available beyond that period. The Sub Committee gave weight to the applicant’s representatives comments in respect the Home Office Section 182 Guidance in particular paragraph 10.15 in relation to hours, paragraph 9.43 in relation to matters being evidenced based, paragraphs 9.12 and 2.1 in respect of the Responsible Authorities being recognised as being experts in their field and the Police being the main source of advice on crime and disorder. The Sub Committee did not feel that there was evidence to support refusal or a further restriction on the hours proposed. Having considered all the representations, the Sub-Committee have agreed to grant the premises licence, for the licensable activities and hours detailed in paragraph 1.13 of the agenda pack and the conditions set out at Appendix 10 of the same. The matters are set out in Annex 1 below. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. ANNEX 1 Alcohol (off sales) Monday to Sunday, 06.00 – 23.00 Late Night Refreshment (Hot Drinks Only) Monday to Sunday, 23.00 – 05.00 1. An incident/refusals book/electronic record shall be kept at the premises, in which details of crime and/or disorder relating to the premises shall be recorded. This log shall contain the following details; i. Time, date and location of incident/refusals. ii. Nature of the Incident/refusal. iii. Names, addresses and contact details of persons involved. iv. Result of the incident/refusals. v. Action taken to prevent further such incidents. vi. Each entry signed/reviewed by the DPS or other responsible person employed at the premises and so authorised by the DPS; and the incident/refusals book/electronic record will be retained for a period of no less than 12 months and made available to the Police for inspection upon request 2. No customers will be permitted to enter the premises between the hours of 2200 and 0600. All sales during that period will take place through the night hatch. 3. The provision of late-night refreshment will be limited to hot drinks only. 4. The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of their premises. In particular, provision of sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc, by customers. 5. Waste collection activities shall only take place between 08.00 and 22.00 hours 6. All external lighting levels shall be suitably controlled so as not to cause a nuisance. 7. Staff shall be trained in the premises licence holder’s procedures which include liquor licensing and all checkout operators shall have additional training in the sale of alcohol. 8. All spirits will be displayed behind the counter. 9. No miniature bottles of spirits of 20cl or below shall be sold from the premises. Please note this does not apply to prepackaged gift packs which may contain a spirit miniature. 10. A CCTV system will be installed and maintained at the premises. Cameras will cover internal areas and the external area immediately in front of the store. The system will be capable of continuously recording and copies of such recordings shall be kept for a period of not less than 31 days and handed to the Police or authorised person upon production of a compliant ‘Access Request’. 11. The premise licence holder seeks to comply with the requirements of the health and safety legislation. 12. The store will have a till prompt system for alcohol products. When prompted, staff will adopt a Challenge 25 proof of age scheme. Only recognised forms of photographic identification such as Passport, Photo Driving Licence, ‘Proof of Age’ card, Military ID or any other form of identification agreed with the police will be accepted as proof of age. If the appropriate proof of age is not produced there will be no sale. 13. Notices are to be prominently displayed advising customers of the Challenge 25 policy.
Apologies for absence were received from S. Lewis-Williams (Assistant Licensing Manager – Licensing Authority), Councillor C. Morgan (Local Ward Member), V. Davies, K. Hutchings, J. Gough, L. Pritchard, R. Owen, P.Pascoe, Mr and Mrs Hugglestone, E. Rees, H. Shrubsole and R.Thomas (Local Residents).
There were no declarations of interest made at the beginning or during the course of the meeting.
Y penderfyniad fel y'i cofnodwyd
RESOLVED that the application for a new premises application be granted subject to approved conditions. The decision of the Licensing and Gambling Sub Committee regarding the hearing held on 30th July 2024 in respect of an application for a new premises application is to approve the application for the sale of alcohol and provision of Late Night Refreshment as detailed within Paragraph 1.13 of the Officer report and the imposition of conditions set out in Appendix 10 of the Officer report. The Sub-Committee considered the representations from all parties in attendance at the hearing and those contained within the Sub Committee report. The Applicant made their representations for a new premises licence on the basis that Euro Garages Limited had been acquired by the Asda Group and that they manage over 1,000 licensed premises across the country. The Applicant put forward that there is a high standard of management when dealing with their licensed premises and despite the high number of premises under licence, Asda Group have never been subject to proceedings under the Licensing Act 2003. The Applicant also confirmed that this premises will not sell alcohol that is attractive to street drinkers – white ciders, single high percentage volume cans of lager and the like – and will adopt the challenge 25 system, prompts on the premises tills to highlight the sale of alcohol, spirits kept behind the counter and regular training for its staff. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the application and were satisfied with the suggested conditions found at Appendix 10 of the agenda pack. The Sub-Committee heard representations from Environmental Health who did not oppose the application subject to their recommendations in respect of the proposed licence, which had been agreed by the applicant. The Sub-Committee read written representations from the Licensing Authority in its role as a responsible Authority who referred to their representations contained within the agenda pack. The Licensing Authority Officer did not oppose the application subject to the proposed licence conditions at Appendix 10 of the report. The Sub-Committee considered the representations made on behalf of residents, who were represented in person by Mr K Ingram and Mrs L Lewis, along with written representations from over 100 local residents and the Local Ward Councillor, Cllr Morgan. Incidents of anti-social behaviour, violence and littering were raised as many of the concerns surrounding the premises being granted an alcohol licence, referring to problems that occurred during the previous owner’s tenure with a premises licence. The Sub-Committee queried with Gwent Police if there was any such incidents recorded. Gwent Police confirmed that they only had information for the past three years and there were no incidents recorded linked to anti-social behaviour with the premises post code area. The Sub-Committee did have significant concerns that the period of available information was limited to the last three years and queried why no information was available beyond that period. The Sub Committee gave weight to the applicant’s representatives comments in respect the Home Office Section 182 Guidance in particular paragraph 10.15 in relation to hours, paragraph 9.43 in relation to matters being evidenced based, paragraphs 9.12 and 2.1 in respect of the Responsible Authorities being recognised as being experts in their field and the Police being the main source of advice on crime and disorder. The Sub Committee did not feel that there was evidence to support refusal or a further restriction on the hours proposed. Having considered all the representations, the Sub-Committee have agreed to grant the premises licence, for the licensable activities and hours detailed in paragraph 1.13 of the agenda pack and the conditions set out at Appendix 10 of the same. The matters are set out in Annex 1 below. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. ANNEX 1 Alcohol (off sales) Monday to Sunday, 06.00 – 23.00 Late Night Refreshment (Hot Drinks Only) Monday to Sunday, 23.00 – 05.00 1. An incident/refusals book/electronic record shall be kept at the premises, in which details of crime and/or disorder relating to the premises shall be recorded. This log shall contain the following details; i. Time, date and location of incident/refusals. ii. Nature of the Incident/refusal. iii. Names, addresses and contact details of persons involved. iv. Result of the incident/refusals. v. Action taken to prevent further such incidents. vi. Each entry signed/reviewed by the DPS or other responsible person employed at the premises and so authorised by the DPS; and the incident/refusals book/electronic record will be retained for a period of no less than 12 months and made available to the Police for inspection upon request 2. No customers will be permitted to enter the premises between the hours of 2200 and 0600. All sales during that period will take place through the night hatch. 3. The provision of late-night refreshment will be limited to hot drinks only. 4. The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of their premises. In particular, provision of sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc, by customers. 5. Waste collection activities shall only take place between 08.00 and 22.00 hours 6. All external lighting levels shall be suitably controlled so as not to cause a nuisance. 7. Staff shall be trained in the premises licence holder’s procedures which include liquor licensing and all checkout operators shall have additional training in the sale of alcohol. 8. All spirits will be displayed behind the counter. 9. No miniature bottles of spirits of 20cl or below shall be sold from the premises. Please note this does not apply to prepackaged gift packs which may contain a spirit miniature. 10. A CCTV system will be installed and maintained at the premises. Cameras will cover internal areas and the external area immediately in front of the store. The system will be capable of continuously recording and copies of such recordings shall be kept for a period of not less than 31 days and handed to the Police or authorised person upon production of a compliant ‘Access Request’. 11. The premise licence holder seeks to comply with the requirements of the health and safety legislation. 12. The store will have a till prompt system for alcohol products. When prompted, staff will adopt a Challenge 25 proof of age scheme. Only recognised forms of photographic identification such as Passport, Photo Driving Licence, ‘Proof of Age’ card, Military ID or any other form of identification agreed with the police will be accepted as proof of age. If the appropriate proof of age is not produced there will be no sale. 13. Notices are to be prominently displayed advising customers of the Challenge 25 policy.
The Chairman opened the meeting and introductions were made. The Legal Advisor outlined the procedure for the meeting and reported that Members had previously familiarised themselves with the report of the Licensing Manager, the application and plan of the premises together with the written submissions from Responsible Authorities and Local Residents who were objecting to the application. The Senior Licensing Officer presented the report which outlined the application submitted for a new premises licence which initially had proposed to the sale of alcohol off sales for 24hours. However, this was then revised during the 28days consultation period and proposed the sale of alcohol between 6:00 to 23:00 Monday to Sunday inclusive and the provision of late night refreshent Monday to Sunday between the hours of 23:00 to 05:00am and be limited to only hot drinks. It was noted that the applicant had mediated with relevant Responsible Authorities throughout the consulation period and had accepted additional conditions in order to promote the Licensing Objectives. The Chair thanked the Officer and all parties present were invited to ask questions. The Chair referred the Officer to her comments contained within the report which stated that the applicant had not sought the views of the RA’s prior to submitting the application and sought clarification on whether this was something that the Officer would expect of any applicant. The Sub Committee were advised that the Statement of Licensing Policy did recommend that new or existing applicants contact all RA’s prior to the submission of any application. However, there is a 28 day consulation period were mediation and amendments can be agreed. Responding to a query the Senior Licensing Officer confirmed that all the Other persons (local residents) who had submitted a representation had been served the hearing notice and had been notified of the changes made by the applicant in the 28 day period. As a result of this 2 of the representations had been withdrawn. The applicant was invited to present their application to the Sub Committee the applicant was represented by Mr R. Taylor from Gosschalks Solicitors who assured Members that the applicants had hundreds of stores throughout the Country which included over 300 premises of this type and had never been subject to any review under the LA03. Members were futher assured that the applicant had robust policies and training in place for all staff. The Members noted that this premises is currently permitted 24hours a day but would like the sale of alcohol only between the hours off 6:00 and 23:00. The Chair thanked the applicant and all parties present were invited to ask questions. Responding to a query raised by a Member of the Sub Committee the Applicants representive confirmed that all bins would remain on the forecourt and there would be a cleaning schedule in place to collect litter from within the immediate vicinity of the premises. Clarficaiton was sought from the Sub Committee on whether the applicant was confident that issues that had blighted residents in the past, when the previous licence holder held the licence would be addressed. The Applicants representative assured Members that the conditions and policy’s in place by Asda Stores would be implemented at this premises and was entirely confident that there would not be any of the previous issues. However, stressed that should there be any issue that were brought to the applicants attention they could assure the Members and the residents that these issues would be resolved. The Local Resident spoke and addressed the concerns of all the local residents who explained the controls around the sale of alcohol was not their concerns it was the consequence of the actions of the individual customer following the sale. The residents appreciated that that it was out of the control of the PLH once the customer had left the premises in how they behave. The resident informed the sub committee that when the previous PLH surrendered the licence all the anti social behaviour and littering issues in this area no longer existed and the residents strongly feel that if this premises is permitted to reintroduce the sale alcohol it would increase the probability of further anti social behaviour in the geographical area of concern. The Applicants representative appreciated the valid concerns of the residents. However, felt that the way in which the applicant operates would mitigate any of the potential issues anticipated. Following discussions the Chair invited representations from the Responsible Authorities. An Officer representing Gwent Police addressed the Sub Committee and outlined their representations which could be found within the Officers report. The Officer confirmed that within the 28 day consultation period the applicant had accepted additional conditions which Gwent Police felt satisfied could promote the licensing objectives. Should the premise licence be granted these contions should form part of the operating schedule. The chair thanked the Officer for their representations and invited questions from all parties In response to Members queries, the Officer confirmed that there had been no anti social behaviour complaints logged in relation to this premises for a number of years. The Officer clarified that the records only go back to 2018 and therefore, could not answer beyond that. The Officer assured Members and the residents that Gwent Police have a far more effective working relationship with Licensing than previously and work closely together carrying out joint visits and information sharing to mitigate any potential issues. Gwent Police also carry out daily reviews to see whether there is a connection between antisocial behaviour and a licensed premises. The Environmental Health Officer addressed the Sub Committee outlining their representations and felt that the initial application had not met the Prevention of Public Nusiance objective. The Officer explained that discussions had taken place with the applicant and their representative and the hours of the sale of alcohol now reflected the Officers report. Additional conditions were also accepted by the applicant and should the application be granted it was agreed that those conditions would be added to the operating schedule and form part of the premises licence. These additional conditions could be found at appendix 6 of the Officers report. The chair thanked the Officer for their representations and invited questions from all parties The Chair then invited representations from other persons. A local resident was invited to present their representations The Local Resident addressed the Sub Committee and wanted to confirm that the Sub Committee has received his comments and concerns. The Chair clarified that all representations had been received by the Licensing Authority and the Sub Committee had received all representations and any additional comments that had been submitted by the Other Persons prior to the meeting. All parties were then afforded the opportunity to sum up before the Licensing and Gambling Sub Committee retired to make its decision. In closing the Licensing Manager asked Members to consider all the representations before them, the evidence heard at the meeting, and all Licensing guidance when making their decision. The Sub Committee were reminded of the need to consider the promotion of the Licensing Objectives and whether the applicant would be able to meet the same. The Police Officer was satisfied with the additional conditions that the applicant had agreed to and had nothing futher to add. The Environmental Health Officer was satisfied with the additional conditions that the applicant had agreed to and had nothing futher to add. The Residents had no further comments. In closing the applicant’s representative emphasised, the Sub Committee needed to make their decision on whether the premises, operating the proposed opening hours, including the conditions and additional conditions from the responsible authorities would undermine any of the licensing objectives and whether there was any evidence provided to the sub committee to reject the application. The Chair thanked the all parties for their submissions and handed over to the Legal Advisor to explain the procedure. The Legal Advisor informed all parties present that the Sub Committee would retire to consider the representations made at the meeting and they would be informed in writing of the decision in the next 5 days. The Sub Committee retired at 11.30am to make its decision and all other parties left the meeting. Following consideration of the application for a new premises licence at ASDA Express PFS Chequered Flag, Newport Road, Trethomas, CF83 8GB and having regard to the Licensing Manager’s report and all the representations made, the Licensing and Gambling Sub Committee unanimously RESOLVED that the application for a new premises application be granted subject to approved conditions. The decision of the Licensing and Gambling Sub Committee regarding the hearing held on 30th July 2024 in respect of an application for a new premises application is to approve the application for the sale of alcohol and provision of Late Night Refreshment as detailed within Paragraph 1.13 of the Officer report and the imposition of conditions set out in Appendix 10 of the Officer report. The Sub-Committee considered the representations from all parties in attendance at the hearing and those contained within the Sub Committee report. The Applicant made their representations for a new premises licence on the basis that Euro Garages Limited had been acquired by the Asda Group and that they manage over 1,000 licensed premises across the country. The Applicant put forward that there is a high standard of management when dealing with their licensed premises and despite the high number of premises under licence, Asda Group have never been subject to proceedings under the Licensing Act 2003. The Applicant also confirmed that this premises will not sell alcohol that is attractive to street drinkers – white ciders, single high percentage volume cans of lager and the like – and will adopt the challenge 25 system, prompts on the premises tills to highlight the sale of alcohol, spirits kept behind the counter and regular training for its staff. The Sub-Committee considered the representations from Responsible Authorities, including Gwent Police who did not object to the application and were satisfied with the suggested conditions found at Appendix 10 of the agenda pack. The Sub-Committee heard representations from Environmental Health who did not oppose the application subject to their recommendations in respect of the proposed licence, which had been agreed by the applicant. The Sub-Committee read written representations from the Licensing Authority in its role as a responsible Authority who referred to their representations contained within the agenda pack. The Licensing Authority Officer did not oppose the application subject to the proposed licence conditions at Appendix 10 of the report. The Sub-Committee considered the representations made on behalf of residents, who were represented in person by Mr K Ingram and Mrs L Lewis, along with written representations from over 100 local residents and the Local Ward Councillor, Cllr Morgan. Incidents of anti-social behaviour, violence and littering were raised as many of the concerns surrounding the premises being granted an alcohol licence, referring to problems that occurred during the previous owner’s tenure with a premises licence. The Sub-Committee queried with Gwent Police if there was any such incidents recorded. Gwent Police confirmed that they only had information for the past three years and there were no incidents recorded linked to anti-social behaviour with the premises post code area. The Sub-Committee did have significant concerns that the period of available information was limited to the last three years and queried why no information was available beyond that period. The Sub Committee gave weight to the applicant’s representatives comments in respect the Home Office Section 182 Guidance in particular paragraph 10.15 in relation to hours, paragraph 9.43 in relation to matters being evidenced based, paragraphs 9.12 and 2.1 in respect of the Responsible Authorities being recognised as being experts in their field and the Police being the main source of advice on crime and disorder. The Sub Committee did not feel that there was evidence to support refusal or a further restriction on the hours proposed. Having considered all the representations, the Sub-Committee have agreed to grant the premises licence, for the licensable activities and hours detailed in paragraph 1.13 of the agenda pack and the conditions set out at Appendix 10 of the same. The matters are set out in Annex 1 below. Any person aggrieved by this decision has 21 days from the date of written notification of the decision to appeal to the local Magistrates Court. ANNEX 1 Alcohol (off sales) Monday to Sunday, 06.00 – 23.00 Late Night Refreshment (Hot Drinks Only) Monday to Sunday, 23.00 – 05.00 1. An incident/refusals book/electronic record shall be kept at the premises, in which details of crime and/or disorder relating to the premises shall be recorded. This log shall contain the following details; i. Time, date and location of incident/refusals. ii. Nature of the Incident/refusal. iii. Names, addresses and contact details of persons involved. iv. Result of the incident/refusals. v. Action taken to prevent further such incidents. vi. Each entry signed/reviewed by the DPS or other responsible person employed at the premises and so authorised by the DPS; and the incident/refusals book/electronic record will be retained for a period of no less than 12 months and made available to the Police for inspection upon request 2. No customers will be permitted to enter the premises between the hours of 2200 and 0600. All sales during that period will take place through the night hatch. 3. The provision of late-night refreshment will be limited to hot drinks only. 4. The licence holder shall ensure that adequate measures are in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of their premises. In particular, provision of sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc, by customers. 5. Waste collection activities shall only take place between 08.00 and 22.00 hours 6. All external lighting levels shall be suitably controlled so as not to cause a nuisance. 7. Staff shall be trained in the premises licence holder’s procedures which include liquor licensing and all checkout operators shall have additional training in the sale of alcohol. 8. All spirits will be displayed behind the counter. 9. No miniature bottles of spirits of 20cl or below shall be sold from the premises. Please note this does not apply to prepackaged gift packs which may contain a spirit miniature. 10. A CCTV system will be installed and maintained at the premises. Cameras will cover internal areas and the external area immediately in front of the store. The system will be capable of continuously recording and copies of such recordings shall be kept for a period of not less than 31 days and handed to the Police or authorised person upon production of a compliant ‘Access Request’. 11. The premise licence holder seeks to comply with the requirements of the health and safety legislation. 12. The store will have a till prompt system for alcohol products. When prompted, staff will adopt a Challenge 25 proof of age scheme. Only recognised forms of photographic identification such as Passport, Photo Driving Licence, ‘Proof of Age’ card, Military ID or any other form of identification agreed with the police will be accepted as proof of age. If the appropriate proof of age is not produced there will be no sale. 13. Notices are to be prominently displayed advising customers of the Challenge 25 policy.
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