The Statutory Licensing Sub-Committee will be asked to consider an application for a new Premises Licence for Medomsley Food and Wine, 28 Fines Road, Medomsley, Consett. The application requests permission to sell alcohol for consumption off the premises from 06:00 to 02:00 the following day, seven days a week.

Application for the Grant of a Premises Licence - Medomsley Food and Wine, 28 Fines Road, Medomsley, Consett, DH8 6QS

The Licensing Authority received an application for a new Premises Licence for Medomsley Food and Wine from the applicant, Ms Vijeyanirmala Sivalingam. The application requests permission for the following licensable activity:

Supply of Alcohol for consumption off the premises Monday to Sunday from 06.00 hours until 02:00 hrs the following day.

Four representations, all objecting to the application, were received from Responsible Authorities during the consultation period. The objections relate to the following four licensing objectives:

• The Prevention of Crime and Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children from Harm

The grounds for these objections include:

• The application falls outside of the Durham County Council’s Statement of Licensing Policy framework hours for off-licence sales of alcohol, which are 07:00 to 23:30 on weekdays and 07:00 to 00:30 at weekends.
• Concerns regarding the management competency of the Designated Premises Supervisor, Mr Krishna Jeya Siri Krishna Pillai, who was the manager of the premises when the previous licence was revoked following the sale of alcohol to children.
• Concerns that Ms Sivalingam may not be able to uphold the licensing objectives due to her limited understanding of English.
• Concerns that the business is effectively under the same management as when the previous licence was revoked, with no evidence that the applicant will promote the licensing objectives any differently than previously.

The Sub-Committee has a number of options available to it, including granting the licence, granting the licence with modified conditions, excluding licensable activities, rejecting the Designated Premises Supervisor, and rejecting the application.

The report to the Sub-Committee notes that:

A licensing authority must have regard to guidance issued by the Secretary of State under section 182. Licensing authorities may depart from it if they have reason to do so but will need to give full reasons for their actions.

The Sub-Committee are also reminded that

Licensing authorities should only impose conditions which are necessary and proportionate for the promotion for licensing objectives.

In addition to this, it was stated that any condition attached to the licence should be an enforceable condition.