The Panel of the Committee of the Licensing Authority met to consider a premises licence application and associated appendices, and to agree on a chair for the hearing. Councillor Jan Whitbourn, Chairman of the Council, Councillor Michael David Booth BEM, and Councillor Jack Tyrrell were scheduled to be in attendance, with Councillor Anthony Casson, Portfolio Holder for Public Protection, as a substitute.

Amma Cash & Carry, 24 Commercial Road, Spalding

The panel were scheduled to discuss an application for a premises licence for Amma Cash & Carry at 24 Commercial Road, Spalding, after a relevant representation was received.

PT A7A Ltd applied for the licence to sell alcohol for consumption off the premises between the hours of 06:00 and 23:00, Monday to Sunday. As part of the application, PT A7A Ltd included steps they intended to take to promote the four licensing objectives¹. These included:

• installing and maintaining a tamper-resistant CCTV system
• retaining CCTV images for at least 28 days
• making recordings of incidents available to the police or licensing authority
• training all staff responsible for selling alcohol in the Licensing Act 2003
• keeping a refusals book
• keeping an incident book
• implementing Challenge 25²

Representation from Lincolnshire Police

Lincolnshire Police submitted a relevant representation, raising concerns about the operation of the premises in close proximity to an area covered by a Public Space Protection Order (PSPO)³. They requested additional conditions to be imposed on the licence to assist in promoting the licensing objectives, including:

• a reduction in the operating hours, proposing that alcohol sales commence at 08:00 rather than 06:00
• measures to tackle street drinking, including not selling single cans or bottles of beer, lager and cider; not selling super strength (ABV above 6.5) beer, lager and cider; and attaching waterproof labels with printed shop name and address to cans and bottles of beer, lager and cider (or all alcohol sold)
• ensuring all staff have provided satisfactory proof of identification and right to work
• ensuring no alcohol, medication, tobacco or vapes are purchased from door to door sales vendors and are only purchased from wholesalers

Through mediation, PT A7A Ltd agreed to the following conditions:

• there shall be no sales of single cans, or single bottles, of beer, lager and cider
• a minimum sale of 4 items will be required unless the volume is more than 670ml per item
• all staff must provide satisfactory proof of identification and right to work
• no beer, lager or cider with an ABV above 6.5% may be sold

Lincolnshire Police felt that the imposition of the condition specifying the use of waterproof labels should be one for the licensing sub-committee to consider and decide, as the South Holland District Council licensing policy includes this exact condition.

PT A7A Ltd did not agree to the condition relating to medication, tobacco, vapes and alcohol, arguing that other legislation adequately covers these points.

Lincolnshire Police also requested a slight reduction to the hours for alcohol sales from 06:00 to 08:00 daily, but PT A7A Ltd had not confirmed whether they would agree to this reduction in hours.

Licensing Policy

The Public reports pack included extracts from the South Holland District Council Statement of Licensing Policy 2021-2026, which states that the licensing authority will seek to ensure that licence holders take measures to control the behaviour of persons whilst on their premises, or in the immediate vicinity of the premises as they seek to enter and leave. It also states that the licensing authority intends to interpret 'public nuisance' in its widest sense.

Options available to the Panel

The Panel were asked to consider all evidence and information received from the interested parties and the applicant and determine the matter. In making their determination, the Panel must take such steps as considered appropriate for the promotion of the licensing objectives. These steps are set out in the Licensing Act 2003 Section 18 (4) as follows:

• To grant the licence, subject to mandatory conditions and conditions in the operating schedule
• To grant the licence with modified conditions
• Exclude from the scope of the licence any of the licensable activities to which the application relates
• To refuse to specify a person in the licence as the premises supervisor
• To reject the application

Exclusion of Public

The Panel were scheduled to consider resolving that the public be excluded from the meeting for the consideration of exempt appendices to agenda item 3, on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972.