The Cambridge City Council Licensing Hearing Panel (Licensing 2003 Act) Sub Committee met to consider an application for a new premises licence for Burleigh Phone & Vape Shop. The application requested permission to sell alcohol for consumption off the premises. Councillors were scheduled to review the application, representations from interested parties, and relevant council policies before determining the application's merit.

Burleigh Phone & Vape Shop - Premises Licence Application

The sub-committee was scheduled to consider an application for a premises licence submitted by Nath and Sons UK LTD for Burleigh Phone & Vape Shop, located at 34 Burleigh Street, Cambridge. The shop has been open since 2020, operating as a phone and vape shop. The applicant seeks permission to supply alcohol (off the premises) during the following hours:

• Monday to Friday: 08:00 to 20:00
• Saturday and Sunday: 09:00 to 18:00

A previous application for a premises licence at the same location was refused by the Licensing Sub Committee in March 2020.

Licensing Objectives and Considerations

According to the report pack, in making a determination, the sub-committee must consider the application against the four licensing objectives outlined in the Licensing Act 2003:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm

The report pack stated that the sub-committee should consider the council's statement of licensing policy, the Cumulative Impact Assessment (CIA), and statutory guidance issued under Section 182 of the Licensing Act 2003.

Cumulative Impact Area

The proposed premises is located within a Cumulative Impact Area in Cambridge city centre. The report pack explains that within a CIA, there is a greater onus on the applicant to demonstrate that the granting of the licence would not add to the cumulative impact already being experienced in the area.

Representations

The council received three representations regarding the application:

• One from Cambridgeshire Constabulary
• Two from 'Other Persons'

Cambridgeshire Constabulary Representation

PC 446 Clare Metcalfe, Cambridgeshire Constabulary Licensing Officer, raised concerns regarding the application, stating that it was the opinion of Cambridgeshire Constabulary that the applicant had not sufficiently demonstrated on the operating schedule how they would not add to the cumulative impact. The representation noted that the premises is located on Burleigh Street, a busy pedestrianised area, near Anglia Ruskin University (ARU), St Matthew's Primary School, student halls of residence, and Jimmy's Cambridge, a night shelter for people who have been sleeping rough.

PC 446 Clare Metcalfe also noted that the applicant had sought pre-application advice from the police on two occasions and had been advised to research conditions and restrictions on hours that other recently granted off-licences within the CIA have had to include in their applications.

Specific concerns raised by the police included:

• The 08:00 start time for alcohol sales potentially exposing young children on their way to school to people seeking an early morning alcohol fix.
• The lack of a condition restricting the sale of high-strength alcohol.
• The lack of detail in the application regarding online ordering and home delivery of alcohol.
• Doubts about the financial viability of employing SIA-licensed security personnel during all hours when licensable activities are taking place.
• The basic nature of the plan drawing and the lack of detail regarding the location of alcohol displays and theft mitigation measures.

The police representation included email correspondence between the applicant and the police licensing team, and a delegation of responsibilities by the Chief Officer of Police.

Representations from Other Persons

Councillor Martin Smart, Cambridge City Councillor for Kings Hedges, stated that they did not support an additional outlet for alcohol purchase in the cumulative impact zone, citing concerns for the prevention of crime and disorder, public safety, the avoidance of public nuisance, and the avoidance of any chance of harm to children, remembering this is a main route to and from St Matthew's Primary School.

Councillor Tim Bick, Cambridge City Councillor for Market, objected to the premises licence application, stating:

I do not consider the application does enough to discharge the applicant's responsibility to demonstrate that a licence would not accentuate issues in this sensitive part of the city centre cumulative impact area which is close to a primary school and a homelessness hostel, with high general public footfall.

Councillor Tim Bick also raised concerns about limits to the strength of cheap alcohol, hours of sale, and location of product within the store.

Applicant's Response to Representations

In response to the representations, Munshi Nasiruzzaman, the applicant's solicitor, stated that his client was willing to amend the proposed start time for alcohol sales to either 10:00 or 12:00, or to any alternative hour the Licensing Authority deems appropriate.

Munshi Nasiruzzaman acknowledged a discrepancy in the entrance door location on the submitted plan and confirmed that the current entrance is centrally located.

Regarding concerns about theft mitigation, Munshi Nasiruzzaman stated that all alcohol would be stored behind the counter or within the cashier's line of sight, spirits would be kept securely behind the counter, alcohol would be concealed behind shutters during non-licensable hours, an audible alarm is already installed at the entrance, and a licensed SIA security officer will be present during all trading hours.

Munshi Nasiruzzaman confirmed that alcohol would not be sold or delivered via any online platform.

Environmental Health

Environmental Health had no representation to make on this application, but recommended conditions to be attached to the licence under the prevention of public nuisance licensing objective. These included restrictions on collection and delivery times, notices requesting patrons to respect local residents, the provision of a litter bin, and the prompt clearing of litter.

Options Available to the Sub-Committee

The report pack outlined the options available to the sub-committee, stating that, having reference to the information provided by the applicant, the information raised in the representations and also Cambridge City Council's Statement of Licensing Policy and Cumulative Impact Assessment, the Sub-Committee's decision must be made with a view to promoting one or more of the four licensing objectives.

The sub-committee could resolve to:

• Grant the licence subject to the mandatory conditions and those conditions offered by the applicant which may be modified to such extent as the authority considers necessary for the promotion of the licensing objectives.
• Exclude from the scope of the licence any of the licensable activities to which the application relates.
• Refuse to specify a person in the licence as the premises supervisor.
• Reject the application.