Content

DECISION
 
The decision of the Committee is to grant the
application subject to amendment of conditions
 
The Committee in reaching its decision has
taken into account:
 
· 
The evidence before it both written and oral
 
· 
The relevant parts of the Council’s Statement of Licensing
Policy
 
· 
The relevant parts of the Guidance issued by the Secretary of
State
 
Committee’s reasoning and findings
are:
 
Committee noted that the application before it
was for a convenience store which is located in a small ground
floor unit on Dean Street, Newcastle. 
The premises have been vacant for some time, having previously
operated in various guises.  They are
located within the City Council cumulative impact policy and
special stress area.  As such Mr Rodgers
accepted that for the application to be granted, the applicant
would have to persuade the Committee that the application is
exceptional and would not adversely impact on the licensing
objectives.
 
In support of his submissions in that regard
Mr Rodgers stated that conditions have been agreed with Northumbria
Police which, amongst other things, would restrict the types of
alcohol and the size, quantities and strength of alcohol
sold.  Furthermore the alcohol would be
stored out of sight and available via a menu system which would be
sourced from the storage by a member of staff, there would be no
self service.
 
The conditions agreed with Northumbria Police
were strict and the applicant is an experienced operator who has 2
other premises, one in North Shields and one in Durham.
 
Mr Bryce on behalf of the Licensing Authority
outlined his representation and stated that although it was policy
based in the main, he also had concerns about the wording of some
of the Conditions agreed with Northumbria Police. In particular he
raised a query about the definition of street drinker and
highlighted a possible ambiguity between a number of the
conditions.  Mr Bryce stated to
Committee that he was not persuaded by Mr Rodger’s
submissions regarding exceptionality.
 
Committee considered all of the evidence,
including the written submission of Councillor Byrne  and decided to grant the application.  They were advised that each application must be
considered on its merits and individual facts.  They were also advised that they have a discretion
to depart from the Statement of Licensing Policy where they believe
they have evidence to do so.
 
They were persuaded that exceptionality, which
is subject to interpretation,  had been
proven due to the size of the premises, the restricted types and
sizes of alcohol on sale, the fact that there would always be two
members of staff on duty and that the alcohol would be kept out of
sight.  Members thought that the
conditions offered were strict and noted that the applicant had a
proven track record of working and co operating with Northumbria
Police.  They were satisfied that the
operation of the premises subject to the rigid conditions would not
undermine the licensing objectives.
 
Committee did accept the submissions of Mr
Bryce regarding the ambiguity/ contradictory conditions that were
agreed and amended two of the conditions in order to resolve their
concerns.  Condition 19 of the
conditions agreed with the police must be removed and the following
additional wording added to condition 16 “and other than in
packs of four or more”. Thereafter the conditions will be
reworded and the previously numbered condition 23 will reference
aged 25 instead of aged 18.