The Licensing Sub-Committee of Somerset Council convened a virtual meeting via Microsoft Teams to discuss licensing matters. The main item on the agenda was the consideration of an application to vary a premises licence for a Budgens store in Wells. The sub-committee was also scheduled to review the procedure to be followed when considering licensing applications.

Budgens, Bath Road, Wells, Somerset - Application to Vary a Premises Licence

The sub-committee was scheduled to consider an application by Motor Fuel Limited to vary the premises licence (PRL0565) for the Budgens store located at 6 Bath Road, Wells, BA5 3LF. The Hearing Report - Variation - Budgens Bath Road Wells noted that the Licensing Authority had received 24 relevant representations, necessitating a hearing for the sub-committee to determine the application.

The proposed variations to the licence included:

• Extending the sale of alcohol to 24 hours a day, 7 days a week, for consumption off the premises.
• Adding late night refreshment from 23:00 to 05:00, 7 days a week.
• Removing all existing conditions under annex 2 of the licence and replacing them with a new set of conditions.

According to the Application Form, Motor Fuel Limited described the location as a petrol forecourt store. The agent for the applicant, Miss Tina Vlahovic, Licensing Assistant at Winckworth Sherwood LLP, stated that the reason for the proposed variation was:

To extend the sale of alcohol to between the hours of 0000 and 2400 daily for consumption off the premises. 2. Provision of late night refreshment between the hours of 2300 and 0500 daily. 3. To remove the conditions listed under Annex 2. 4. To include in Annex 2 the conditions detailed in the application.

The Hearing Report - Variation - Budgens Bath Road Wells outlined that during the consultation period, the Police and the applicant had agreed on a set of conditions, detailed in Appendix 3 - Conditions. These included measures related to public safety, a refusals register, staff training, and CCTV. For example, regarding public safety, it was agreed that:

Between the hours of 23:00 and 00:01hrs when the shop area is operational and licensable activity is taking place, there shall be a minimum of two members of staff on duty. In the alternative if there is only one member of staff on duty between 23:00 and 00:01hrs the entrance door to the shop will be closed to customers and any sales between these hours shall be made via the night pay window.

The Hearing Report - Variation - Budgens Bath Road Wells also noted that the Licensing Authority received 24 representations from other persons, included as appendices 5 to 28. These representations raised concerns regarding the potential for increased crime and disorder, public nuisance, and risks to public safety and the protection of children from harm.

Alison Spring stated in Appendix 5 - Objection that:

I would be concerned that opening late into the night would encourage drinking on the opposite bench or wall outside and make it a less safe area to walk past as a female returning from the town. Youngsters drinking at night may be noisy and would most likely disturb local residents.

The sub-committee was reminded that in determining the application, it must have regard to any relevant representation, revised guidance issued under section 182 of the Licensing Act 2003¹ by the Home Office, the Licensing Authority's Statement of Licensing Policy, and Human Rights considerations.

Procedure for Licensing Applications

The sub-committee was also scheduled to review the Procedure to be followed when considering - Licensing Applications under the Licensing Act 2003. This included the order of oral presentation, and the opportunity for all parties to question the applicant, responsible authorities, and other persons. The procedure also allows for the Licensing Officer to present further information and for each party to make closing submissions.