Please Contact: Linda Yarham
Please email: linda.yarham@north-norfolk.gov.uk
Please Direct Dial on: 01263 516019
3 November 2014
A meeting of the Licensing Sub-Committee (2) of North Norfolk District Council will be convened
in the Council Chamber at the Council Offices, Holt Road, Cromer on Wednesday 19 November
at 10.00 am.
At the discretion of the Chairman, a short break will be taken after the meeting has been running
for approximately one and a half hours. Coffee will be available in the Canteen at 9.30 a.m.
Sheila Oxtoby
Chief Executive
To: Mr R Price, Mrs A Claussen-Reynolds and Mr P Moore
All other Members of the Council for information.
Members of the Management Team and appropriate Officers.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative format
or in a different language please contact us
Large print version can be made available
Chief Executive: Sheila Oxtoby
Strategic Directors: Nick Baker and Steve Blatch
Tel: 01263 513811 Fax: 01263 515042 Minicom: 01263 516005
Email: districtcouncil@north-norfolk.gov.uk Web site: northnorfolk.org
AGENDA
1.
TO RECEIVE APOLOGIES FOR ABSENCE
2.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local
Government Act 1972.
3.
DECLARATIONS OF INTEREST
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
4.
Application for a new Premises Licence - Shell (Hillside) Fakenham, Hillside
Filling Station, Creake Road, Sculthorpe, Norfolk, NR21 9HT
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 3; Appendix A – page 17; Appendix B – page 37; Appendix C – page 38;
Appendix D – page 63)
Summary:
This is an application for a new Premises Licence
Conclusions:
Recommendations:
That Members consider and determine this case
Cllr R Price – Chairman
Licensing Committee
Contact Officer,
telephone number, and
e-mail:
Ward(s) affected: Sculthorpe
Gemma Faircloth
01263 516189
Public.Protection@north-norfolk.gov.uk
5.
EXCLUSION OF THE PRESS AND PUBLIC
To pass the following resolution:
“That under Section 100A(4) of the Local Government Act 1972 the press and
public be excluded from the meeting for the following items of business on the
grounds that they involve the likely disclosure of exempt information as defined in
paragraph 1 of Part I of Schedule 12A (as amended) to the Act.”
6.
WK/140006659 – Application for a Licence to Drive Hackney Carriage or
Private Hire Vehicles in North Norfolk
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 64; Appendix E – page 66; Appendix F – page 72; Appendix G – page 73;
Appendix H – page 75)
Summary:
This report relates to an application for a taxi drivers
licence where a Criminal Records Bureau Report has
been received which merits further consideration.
Conclusions:
Members may wish to go into Private session to hear
fully from the applicant and consider this matter in
confidence.
Recommendations:
That Members consider and determine this application.
Chairman of the
Licensing Committee
Councillor R Price
Contact Officer,
telephone number, and
e-mail:
7.
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
WK/140011172 – Failure to provide Disclosure and Barring Service Certificate
in accordance with the Council’s Hackney Carriage or Private Hire Vehicles in
North Norfolk
(Procedure to be followed at the Hearing attached – page 1; Report attached –
page 76; Appendix I – page 78)
Summary:
This report relates to requests by the Licensing Team for
an up to date Disclosure and Barring Service Certificate
to be supplied. The Certificate has not been provided
and therefore the driver has been referred to the
Committee in accordance with the Council’s Hackney
Carriage and Private Hire Policy and Handbook
Conclusions:
Members may wish to go into Private session to hear fully
from the applicant and consider this matter in confidence.
Recommendations:
That Members consider and determine if the licence to
drive a hackney carriage or private hire vehicle should be
suspended or revoked.
Chairman of the Licensing
Committee
Councillor R Price
Contact Officer, telephone
number, and e-mail:
Ward(s) affected:
All
Gemma Faircloth
gemma.faircloth@north-norfolk.gov.uk
01263 516139
NORTH NORFOLK DISTRICT COUNCIL
Licensing Sub-Committee Hearings
Information to Accompany Notice of Hearing
1. Consequences if the Party does not attend Hearing
1) If a party has informed the Authority that he does not intend to attend or be
represented at a Hearing, the Hearing may proceed in his absence.
2) If a party who has not so indicated fails to attend or be represented at a Hearing
the Authority may –
a) Where it considers it to be necessary in the public interest, adjourn the
Hearing to a specified date, or
b) Hold the Hearing in the party’s absence.
3) Where the Authority holds the Hearing in the absence of a party, the Authority
shall consider at the Hearing the application, representations or notice made by
that party.
4) Where the Authority adjourns the Hearing to a specified date it must forthwith
notify the parties of the date, time and place to which the Hearing has been
adjourned.
2. Procedure to be followed at the Hearing
Please note: before the Hearing begins the Licensing Representative will take the
names of everyone attending and find out if they want to speak.
1. The Chairman introduces
a)
b)
c)
d)
Himself or herself and the Members of the Committee
The Legal Advisor
The Licensing Representative
The Committee Administrator.
2. The Legal Advisor
a)
b)
c)
d)
Introduces the subject of the Hearing
Notes attendances
Outlines the procedure and explains her part in it.
Asks if there are any preliminary matters, such as requests for adjournment.
3. The Chairman asks the Licensing Representative to explain the application.
4. The Licensing Representative refers the Sub Committee to the report, which
they have read beforehand, and updates them on any new information. He may
call witnesses.
5. The Licensing Representative invites questions on the report from all parties
(The Applicant, the Objectors, the Board Members and the Legal Advisor)
6. The Chairman asks the Applicant (or his/her representative) to put forward their
case. The Applicant may also call witnesses.
7. The Chairman invites questions to the Applicant from the Objectors, the Board
Members and the Legal Advisor.
1
8. The Chairman invites the Objectors to put forward their case.
9. The Chairman invites questions to the Objectors from the Applicant, the Board
Members and the Legal Advisor. Any party may call witnesses or ask questions
of the witnesses.
10. Closing Statements
The Chairman invites closing statements:
FIRST:
LAST:
Objectors (or Objectors Spokesman)
Applicant (or his/her representative)
The Chairman will ask the Legal Advisor if there is any advice before the SubCommittee retires.
11. The Chairman thanks all those who have spoken and invites the Sub Committee
to retire to the Members’ Room to make a decision.
12. The Legal Advisor accompanies the Sub Committee to provide legal advice and
to assist them to formulate their reasons (but does not take part in the making of
the decision).
13. The Sub Committee makes the decision.
14. The Sub Committee returns. The Chairman reads out the decision and the
reasons for the decision.
2
Agenda Item No__4__
Application for a new Premises Licence - Shell (Hillside) Fakenham, Hillside
Filling Station, Creake Road, Sculthorpe, Norfolk, NR21 9HT
Summary:
This is an application for a new Premises Licence
Conclusions:
Recommendations:
That Members consider and determine this case
Cllr R Price – Chairman
Licensing Committee
Ward(s) affected: Sculthorpe
Contact Officer, telephone
number, and e-mail:
Gemma Faircloth
01263 516189
Public.Protection@north-norfolk.gov.uk
1.
Jurisdiction
1.1.
North Norfolk District Council is the Licensing Authority under the Licensing Act
2003 in respect of Premises licences for the sale of alcohol or regulated
entertainment. Where a valid application for a premises licence or variation is
received and relevant representations are made, before determining the
application, the authority must hold a hearing to consider the case.
1.2.
The four licensing objectives to be considered when determining the application,
and relevant representations, are:
a.
the prevention of crime & disorder
b.
public safety
c.
the prevention of public nuisance, and
d.
the protection of children from harm
Licensing Sub-Committee
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19 November 2014
2.
The Application
2.1
Shell Uk Oil Products Limited has made an application for a new Premises
Licence. Appendix A and plan Appendix B
2.2
The Premises are to be used as a Petrol Filling/Service Station and shop
2.3
The applicant seeks permission to operate as follows:
Licensable activity
Days
Times
Late Night Refreshment
Monday to Sunday
23:00 - 00:00
Sale of Alcohol Off
Premises
Monday to Sunday
06:00 - 00:00
Hours Premises open to
the public:
Monday to Sunday
06:00 - 00:00
3.
Conditions
3.1
The premises licence is subject to the following mandatory conditions:
a. LIP001 No supply of alcohol may be made under the premises licence, at a
time when there is no designated premises supervisor in respect of the
premises licence or at a time when the designated premises supervisor
does not hold a personal licence, or the personal licence is suspended.
b. LIP002 Every supply of alcohol under the premises licence must be made or
authorised by a person who holds a personal licence.
c. LIP003 Where a premises licence includes the condition that at specified
times one or more individuals must be at the premises to carry out a
security activity, each such individual must be licensed by the Security
Industry Authority.
d. LIP004 Where a premises licence authorises the exhibition of films, the
admission of children to the exhibition of any film to be restricted in
accordance with this section.
Licensing Sub-Committee
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19 November 2014
e. LIP006
(1)
The responsible person must ensure that staff on relevant premises do not
carry out, arrange or participate in any irresponsible promotions in relation
to the premises.
(2)
In this paragraph, an irresponsible promotion means any one or more of
the following activities, or substantially similar activities, carried on for the
purpose of encouraging the sale or supply of alcohol for consumption on
the premises—
(a) games or other activities which require or encourage, or are designed
to require or encourage, individuals to—
(i) drink a quantity of alcohol within a time limit (other than to drink
alcohol sold or supplied on the premises before the cessation of the
period in which the responsible person is authorised to sell or
supply alcohol), or
(ii)drink as much alcohol as possible (whether within a time limit or
otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a
fixed or discounted fee to the public or to a group defined by a
particular characteristic in a manner which carries a significant risk of
undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to
encourage or reward the purchase and consumption of alcohol over a
period of 24 hours or less in a manner which carries a significant risk
of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or
flyers on, or in the vicinity of, the premises which can reasonably be
considered to condone, encourage or glamorise anti-social behaviour
or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another
(other than where that other person is unable to drink without
assistance by reason of disability).
f. LIP008 The responsible person must ensure that free potable water is
provided on request to customers where it is reasonably available.
g. LIP009
(1) The premises licence holder or club premises certificate holder must
ensure that an age verification policy is adopted in respect of the premises in
relation to the sale or supply of alcohol.
Licensing Sub-Committee
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19 November 2014
(2) The designated premises supervisor in relation to the premises licence
must ensure that the supply of alcohol at the premises is carried on in
accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person
to be under 18 years of age (or such older age as may be specified in the
policy) to produce on request, before being served alcohol, identification
bearing their photograph, date of birth and either—
(a) a holographic mark, or
(b) an ultraviolet feature.
h. LIP010 The responsible person shall ensure that:
a) where any of the following alcoholic drinks is sold or supplied for
consumption on the premises (other than alcoholic drinks sold or supplied
having been made up in advance ready for sale or supply in a securely closed
container) it is available to customers in the following measures –
i)
beer or cider: ½ pint;
ii)
gin, rum, vodka or whisky: 25ml or 35ml; and
iii)
still wine in a glass: 125ml; and
b) these measures are displayed in a menu, price list or other printed
material which is available to customers on the premises; and
c) where a customer does not in relation to a sale of alcohol specify the
quantity of alcohol to be sold, the customer is made aware that these
measures are available.
i.
3.2
LIP011 A relevant person shall ensure that no alcohol is sold or supplied for
consumption on or off the premises for a price which is less than the
permitted price.
The licence will be subject to the following conditions which are consistent with
the operating schedule:
a. CD26 - Variation/video equipment will be set to record from the time
the premises are open to the public until the premises are closed and
all members of the public have left. Images can be made available on
request by the Police or other relevant officers or a responsible
authority.
b. Staff will be trained with regard to their responsibilities in the retails
sale of alcohol and regular refresher training will also be undertaken.
Training records can be made available for inspection upon reasonable
Licensing Sub-Committee
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19 November 2014
request by the Police or other relevant officers or a responsible
authority.
c. A refusals book will be operated and maintained and will be produced
to a relevant officer or the Police or other relevant officers or a
responsible authority.
d. A challenge 25 policy will be operated at the premise, acceptable forms
of identification are a passport, photocard driving licence and PASS
accredited identification card.
e. Spirits will be located behind the counter.
4.
Representations from Responsible Authorities
4.1
Section 13(4) of the Act defines the ’Responsible Authorities’ as the statutory
bodies that must be sent copies of an application. Representations made must
relate to the licensing objectives.
4.2
The following comments have been received from the Responsible Authorities:
Responsible Authority
Norfolk Constabulary
Norfolk Fire Service
Norfolk Trading Standards
Norfolk Children’s
Safeguarding Board
Norfolk Health authority
(Director of Public Health for
Norfolk)
NNDC Planning
(Development Management)
NNDC Environmental Health
(Health & Safety team)
NNDC Environmental Health
(Environmental Protection
team)
NNDC Licensing
(Responsible) authority
Comments
Date
Objection – Please 10/10/14
see letter attached
Nil response
No objections
26/09/14
Nil response
No objections
30/09/14
No objections
16/10/14
Nil Response
No objections
16/09/14
No objection
5.
Representations from Interested Parties
5.1
Section 13(2) of the Act describes interested parties as local
residents/businesses (or their representatives) who live/are involved in a
business in the vicinity of the premises. Representations made must relate to the
licensing objectives.
5.2
There have been no representations received from Interested Parties.
Licensing Sub-Committee
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19 November 2014
6.
Notices
6.1
The applicant is responsible for advertising the application by way of a notice in
the specified form at the premises for not less than 28 consecutive days and in a
local newspaper. The Public Notice appeared in the Dereham & Fakenham
Times on the 18th September 2014 and a Notice should have been displayed on
the premises until 17th October 2014.
7.
Plans
7.1
A location plan showing the general location of the premises is attached at
Appendix D.
8.
North Norfolk District Council Licensing Policy
8.1
The current Statement of Licensing Policy was approved by Full Council on 14
December 2010 and the following extracts may be relevant to this application:
3.0 Main Principles
3.1 Nothing in the ‘Statement of Policy’ will:
• undermine the rights of any person to apply under the 2003 Act for
a variety of permissions and have the application considered on its
individual merits, and/or
• override the right of any person to make representations on any
application or seek a review of a licence or certificate where they
are permitted to do so under the 2003 Act
3.2 Licensing is about the control of licensed premises, qualifying clubs
and temporary events within the terms of the 2003 Act, and conditions are
likely to be attached to licences, certificates and permissions that will cover
matters which are within the control of individual licensees.
3.3 When considering these conditions, the Council will primarily focus on
the direct impact of the activities taking place at licensed premises on
members of the public living, working or engaged in normal activity in the
area concerned.
3.4 The Council acknowledges that the licensing function cannot be used
for the general control of anti-social behaviour by individuals once they are
beyond the direct control of the licensee of any premises concerned. In
this respect, the
Council recognises that, apart from the licensing function, there are a
number of other mechanisms available for addressing issues of unruly
behaviour that can occur away from licensed premises, including:
• planning and environmental health controls
• ongoing measures to create a safe and clean environment in
these areas in partnership with local businesses, transport
operators and other Council Departments
Licensing Sub-Committee
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19 November 2014
• designation of parts of the District as places where alcohol may
not be consumed publicly
• regular liaison with Police on law enforcement issues regarding
disorder and anti-social behaviour, including the issue of fixed
penalty notices, prosecution of those selling alcohol to people who
are drunk; confiscation of alcohol from adults and children in
designated areas and instantly closing down licensed premises or
temporary events on the grounds of disorder, or likelihood of
disorder or excessive noise from the premises
• the power of the police, other responsible authority or a local
resident or business or District Councillor to seek a review of the
licence or certificate
4 Crime and Disorder
4.1 Licensed premises, especially those offering late night/early morning
entertainment, alcohol and refreshment for large numbers of people, can
be a source of crime and disorder problems.
4.2 The Council will expect Operating Schedules to satisfactorily address
these issues from the design of the premises through to the daily operation
of the business.
6 Prevention of Public Nuisance
6.1 Licensed premises, especially those operating late at night and in the
early hours of the morning, can cause a range of nuisances impacting on
people living, working or sleeping in the vicinity of the premises.
6.2 The concerns mainly relate to noise nuisance, light pollution and
noxious smells and due regard will be taken of the impact these may have.
The Council will expect Operating Schedules to satisfactorily address
these issues. Applicants are advised to seek advice from the Council’s
Health and Pollution Enforcement Officers before preparing their plans and
Schedules.
6.3 The Council will consider attaching Conditions to licences and
permissions to prevent public nuisance, and these may include Conditions
drawn from the Model Pool of Conditions relating to ‘Public Nuisance’.
10 Standard Conditions
10.1 Conditions attached to licences or certificates will be tailored to the
individual style and characteristics of the particular premises and events
concerned.
10.2 However, where considered appropriate, and necessary for the
promotion of the Licensing Objectives, the Council will consider attaching
Licensing Sub-Committee
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19 November 2014
Conditions drawn from the relevant Model Pools of Conditions and from
any published Local Pool of Conditions
9.
Guidance Issued under section 182 of the Licensing Act 2003
9.1
The current Guidance was issued by the Home Office in October 2014 and offers
advice to Licensing authorities on the discharge of their functions under the
Licensing Act 2003.
9.2
The following extracts may be relevant to this application and assist the panel:
Licensing conditions – general principles
1.16 Conditions on a premises licence or club premises certificate are
important in setting the parameters within which premises can lawfully operate.
The use of wording such as “must”, “shall” and “will”, is encouraged. Licence
conditions:
• must be appropriate for the promotion of the licensing objectives;
• must be precise and enforceable;
• must be unambiguous and clear in what they intend to achieve;
• should not duplicate other statutory requirements or other duties or
responsibilities placed on the employer by other legislation;
• must be tailored to the individual type, location and characteristics of the
premises and events concerned;
• should not be standardised and may be unlawful when it cannot be
demonstrated that they are appropriate for the promotion of the licensing
objectives in an individual case;
• should not replicate offences set out in the 2003 Act or other legislation;
• should be proportionate, justifiable and be capable of being met, (for example,
whilst beer glasses may be available in toughened glass, wine glasses may not);
• cannot seek to manage the behaviour of customers once they are beyond the
direct management of the licence holder and their staff, but may impact on the
behaviour of customers in the immediate vicinity of the premises or as they enter
or leave; and
• should be written in a prescriptive format.
Each application on its own merits
1.17 Each application must be considered on its own merits and in accordance
with the licensing authority’s statement of licensing policy; for example, if the
application falls within the scope of a cumulative impact policy. Conditions
attached to licences and certificates must be tailored to the individual type,
location and characteristics of the premises and events concerned. This is
essential to avoid the imposition of disproportionate and overly burdensome
conditions on premises where there is no need for such conditions. Standardised
conditions should be avoided and indeed may be unlawful where they cannot be
shown to be appropriate for the promotion of the licensing objectives in an
individual case
Licensing Sub-Committee
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19 November 2014
Public Nuisance
2.18 The 2003 Act enables licensing authorities and responsible authorities,
through representations, to consider what constitutes public nuisance and what
is appropriate to prevent it in terms of conditions attached to specific premises
licences and club premises certificates. It is therefore important that in
considering the promotion of this licensing objective, licensing authorities and
responsible authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those carrying on
business) in the area around the premises which may be disproportionate and
unreasonable. The issues will mainly concern noise nuisance, light pollution,
noxious smells and litter.
2.19 Public nuisance is given a statutory meaning in many pieces of legislation.
It is however not narrowly defined in the 2003 Act and retains its broad common
law meaning. It is important to remember that the prevention of public nuisance
could therefore include low-level nuisance, perhaps affecting a few people living
locally, as well as major disturbance affecting the whole community. It may also
include in appropriate circumstances the reduction of the living and working
amenity and environment of other persons living and working in the area of the
licensed premises. Public nuisance may also arise as a result of the adverse
effects of artificial light, dust, odour and insects or where its effect is prejudicial
to health.
2.20 Conditions relating to noise nuisance will usually concern steps
appropriate to control the levels of noise emanating from premises. This might
be achieved by a simple measure such as ensuring that doors and windows are
kept closed after a particular time, or more sophisticated measures like the
installation of acoustic curtains or rubber speaker mounts. Any conditions
appropriate to promote the prevention of public nuisance should be tailored to
the type, nature and characteristics of the specific premises. Licensing
authorities should be aware of the need to avoid inappropriate or
disproportionate measures that could deter events that are valuable to the
community, such as live music. Noise limiters, for example, are very expensive
to purchase and install and are likely to be a considerable burden for smaller
venues.
2.21 As with all conditions, those relating to noise nuisance may not be
appropriate in certain circumstances where provisions in other legislation
adequately protect those living in the area of the premises. But as stated earlier
in this Guidance, the approach of licensing authorities and responsible
authorities should be one of prevention and when their powers are engaged,
licensing authorities should be aware of the fact that other legislation may not
adequately cover concerns raised in relevant representations and additional
conditions may be appropriate.
2.22 Where applications have given rise to representations, any appropriate
conditions should normally focus on the most sensitive periods. For example,
Licensing Sub-Committee
11
19 November 2014
music noise from premises usually occurs from mid-evening until either lateevening or early-morning when residents in adjacent properties may be
attempting to go to sleep or are sleeping. In certain circumstances, conditions
relating to noise immediately surrounding the premises may also prove
appropriate to address any disturbance anticipated as customers enter and
leave.
2.23 Measures to control light pollution will also require careful thought. Bright
lighting outside premises which is considered appropriate to prevent crime and
disorder may itself give rise to light pollution for some neighbours. Applicants,
licensing authorities and responsible authorities will need to balance these
issues.
2.24 Beyond the immediate area surrounding the premises, these are matters
for the personal responsibility of individuals under the law. An individual who
engages in anti-social behaviour is accountable in their own right. However, it
would be perfectly reasonable for a licensing authority to impose a condition,
following relevant representations, that requires the licence holder or club to
place signs at the exits from the building encouraging patrons to be quiet until
they leave the area and to respect the rights of people living nearby to a
peaceful night.
Determining applications where representations are made
9.36 As a matter of practice, licensing authorities should seek to focus the
hearing on the steps considered appropriate to promote the particular licensing
objective or objectives that have given rise to the specific representation and
avoid straying into undisputed areas. A responsible authority or other person may
choose to rely on their written representation. They may not add further
representations to those disclosed to the applicant prior to the hearing, but they
may expand on their existing representation.
9.37 In determining the application with a view to promoting the licensing
objectives in the overall interests of the local community, the licensing authority
must give appropriate weight to:
• the steps that are appropriate to promote the licensing objectives;
• the representations (including supporting information) presented by all the
parties;
• this Guidance;
• its own statement of licensing policy.
Relevant, Vexatious and Frivolous Representations
9.4 A representation is “relevant” if it relates to the likely effect of the grant of the
licence on the promotion of at least one of the licensing objectives. For example,
a representation from a local businessperson about the commercial damage
caused by competition from new licensed premises would not be relevant. On the
Licensing Sub-Committee
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19 November 2014
other hand, a representation by a businessperson that nuisance caused by new
premises would deter customers from entering the local area, and the steps
proposed by the applicant to prevent that nuisance were inadequate, would be
relevant. In other words, representations should relate to the impact of licensable
activities carried on from premises on the objectives. For representations in
relation to variations to be relevant, they should be confined to the subject matter
of the variation. There is no requirement for a responsible authority or other
person to produce a recorded history of problems at premises to support their
representations, and in fact this would not be possible for new premises.
9.5 It is for the licensing authority to determine whether a representation (other
than a representation from responsible authority) is frivolous or vexatious on the
basis of what might ordinarily be considered to be vexatious or frivolous. A
representation may be considered to be vexatious if it appears to be intended to
cause aggravation or annoyance, whether to a competitor or other person,
without reasonable cause or justification. Vexatious circumstances may arise
because of disputes between rival businesses and local knowledge will
therefore be invaluable in considering such matters. Licensing authorities can
consider the main effect of the representation, and whether any
inconvenience or expense caused by it could reasonably be considered to be
proportionate.
9.9 It is recommended that, in borderline cases, the benefit of the doubt about
any aspect of a representation should be given to the person making that
representation. The subsequent hearing would then provide an opportunity for
the person or body making the representation to amplify and clarify it.
Determining actions that are appropriate for the promotion of the licensing
objectives
9.41 Licensing authorities are best placed to determine what actions are
appropriate for the promotion of the licensing objectives in their areas. All
licensing determinations should be considered on a case by case basis. They
should take into account any representations or objections that have been
received from responsible authorities or other persons, and representations made
by the applicant or premises user as the case may be.
9.42 The authority’s determination should be evidence-based, justified as being
appropriate for the promotion of the licensing objectives and proportionate to
what it is intended to achieve.
9.43 Determination of whether an action or step is appropriate for the promotion
of the licensing objectives requires an assessment of what action or step would
be suitable to achieve that end. Whilst this does not therefore require a licensing
authority to decide that no lesser step will achieve the aim, the authority should
aim to consider the potential burden that the condition would impose on the
premises licence holder (such as the financial burden due to restrictions on
licensable activities) as well as the potential benefit in terms of the promotion of
the licensing objectives. However, it is imperative that the authority ensures that
Licensing Sub-Committee
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19 November 2014
the factors which form the basis of its determination are limited to consideration
of the promotion of the objectives and nothing outside those parameters. As with
the consideration of licence variations, the licensing authority should consider
wider issues such as other conditions already in place to mitigate potential
negative impact on the promotion of the licensing objectives and the track record
of the business. Further advice on determining what is appropriate when
imposing conditions on a licence or certificate is provided in Chapter 10. The
licensing authority is expected to come to its determination based on an
assessment of the evidence on both the risks and benefits either for or against
making the determination.
Conditions attached to Premises Licences
10.2 Conditions include any limitations or restrictions attached to a licence or
certificate and essentially are the steps or actions that the holder of the premises
licence or the club premises certificate will be required to take or refrain from
taking in relation to the carrying on of licensable activities at the premises in
question. Failure to comply with any condition attached to a licence or certificate
is a criminal offence, which on conviction is punishable by a fine of up to £20,000
or up to six months imprisonment. The courts have made clear that it is
particularly important that conditions which are imprecise or difficult for a licence
holder to observe should be avoided.
10.3 There are three types of condition that may be attached to a licence or
certificate: proposed, imposed and mandatory. Each of these categories is
described in more detail below
Proposed Conditions
10.4 The conditions that are appropriate for the promotion of the licensing
objectives should emerge initially from the risk assessment carried out by a
prospective licence or certificate holder, which they should carry out before
making their application for a premises licence or club premises certificate. This
would be translated into the steps recorded in the operating schedule or club
operating schedule, which must also set out the proposed hours during which
licensable activities will be conducted and any other hours during which the
premises will be open to the public.
10.5 It is not acceptable for licensing authorities to simply replicate the wording
from an applicant’s operating schedule. A condition should be interpreted in
accordance with the applicant’s intention
Imposed Conditions
10.8 The licensing authority may not impose any conditions unless its discretion
has been engaged following receipt of relevant representations and it is satisfied
as a result of a hearing (unless all parties agree a hearing is not necessary) that it
is appropriate to impose conditions to promote one or more of the four licensing
objectives.
Licensing Sub-Committee
14
19 November 2014
10.9 It is possible that, in certain cases, where there are other legislative
provisions which are relevant and must be observed by the applicant, no
additional conditions are appropriate to promote the licensing objectives.
Proportionality
10.10 The 2003 Act requires that licensing conditions should be tailored to the
size, type, location and characteristics and activities taking place at the premises
concerned. Conditions should be determined on a case by case basis and
standardised conditions which ignore these individual aspects should be avoided.
Licensing authorities and other responsible authorities should be alive to the
indirect costs that can arise because of conditions. These could be a deterrent to
holding events that are valuable to the community or for the funding of good and
important causes. Licensing authorities should therefore ensure that any
conditions they impose are only those which are appropriate for the promotion of
the licensing objectives.
Hours of trading
10.13 The Government acknowledges that different licensing strategies may be
appropriate for the promotion of the licensing objectives in different areas. The
2003 Act gives the licensing authority power to make decisions regarding
licensed opening hours as part of the implementation of its licensing policy
statement and licensing authorities are best placed to make decisions about
appropriate opening hours in their areas based on their local knowledge and in
consultation with responsible authorities. However, licensing authorities must
always consider each application and must not impose predetermined licensed
opening hours, without giving Live music
10.
Determination
10.1 The Sub Committee are requested to consider the application, representations,
and determine this application.
10.2 When considering this application the Sub Committee will need to have regard to
the North Norfolk District Council Licensing Policy and to statutory guidance
under the Licensing Act 2003 issued by the Secretary of State
10.3 In determining the application for a Premises Licence the Sub Committee may
take the following actions:
a. Grant the application
b. Grant the application subject to conditions relevant to the promotion of
the licensing objectives
c. Refuse the application
10.4 This application must be determined and notified to the applicant within 5 working
days from the conclusion of the hearing. Reasons for the Panel’s decision must
be given as both the applicant and objectors have a right of appeal against that
decision to the Magistrates Court.
Licensing Sub-Committee
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19 November 2014
10.5 There is a right of appeal to the decision of the Sub Committee to the Magistrates
court within 21 days.
Appendices:
A. Copy of Application
B. Plan of Premises
C. Letters/emails of objection or support from interested parties
D. Location Plan
Background Papers:
1. The Licensing Act 2003
2. North Norfolk District Council Statement of Licensing Policy (14 December 2010)
3. Guidance issued under section 182 of the Licensing Act 2003 (October 2014)
Licensing Sub-Committee
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19 November 2014
APPENDIX A
North Norfolk
Application for a premises licence
Licensing Act 2003
For help contact
licensing@north-norfolk.gov.uk
Telephone: 01263516189
* required information
Section 1 of 19
You can save the form at any time and resume it later. You do not need to be logged in when you resume.
System reference
Not Currently In Use
Your reference
SHELL FAKENHAM
This is the unique reference for this
application generated by the system.
You can put what you want here to help you
track applications if you make lots of them. It
is passed to the authority.
Put "no" if you are applying on your own
behalf or on behalf of a business you own or
work for.
Are you an agent acting on behalf of the applicant?
Yes
No
Applicant Details
* First name
SHELL UK OIL PRODUCTS LIMITED
* Family name
N/A
You must enter a valid e-mail address
* E-mail
sara@lockett.uk.com (agents email)
Include country code.
Main telephone number
Other telephone number
Indicate here if the applicant would prefer not to be contacted by telephone
Is the applicant:
Applying as a business or organisation, including as a sole trader
Applying as an individual
A sole trader is a business owned by one
person without any special legal structure.
Applying as an individual means the
applicant is applying so the applicant can be
employed, or for some other personal reason,
such as following a hobby.
Applicant Business
* Is the applicant's business
registered in the UK with
Companies House?
Yes
No
* Registration number
3625633
* Business name
SHELL UK OIL PRODUCTS LIMITED
If the applicant's business is registered, use
its registered name.
235763255
Put "none" if the applicant is not registered
for VAT.
* VAT number
GB
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* Legal status
Private Limited Company
* Applicant's position in the
business
N/A
Home country
United Kingdom
The country where the applicant's
headquarters are.
Registered Address
Address registered with Companies House.
* Building number or name
SHELL CENTRE
* Street
N/A
District
* City or town
LONDON
County or administrative area
* Postcode
SE1 7NA
* Country
United Kingdom
Agent Details
* First name
LOCKETT & CO
* Family name
N/A
* E-mail
sara@lockett.uk.com
Main telephone number
01562 864488
Include country code.
Other telephone number
Indicate here if you would prefer not to be contacted by telephone
Are you:
An agent that is a business or organisation, including a sole trader
A private individual acting as an agent
A sole trader is a business owned by one
person without any special legal structure.
Agent Business
* Is your business registered
in the UK with Companies
House?
Yes
No
* Registration number
2728479
* Business name
CORRIGAN LOCKETT LIMITED
* VAT number
* Legal status
GB
58941552
If your business is registered, use its
registered name.
Put "none" if you are not registered for VAT.
Private Limited Company
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* Your position in the business LICENSING MANAGER
Home country
The country where the headquarters of your
business is located.
United Kingdom
Agent Registered Address
Address registered with Companies House.
* Building number or name
LOCKETT HOUSE
* Street
13 CHURCH STREET
District
* City or town
KIDDERMINSTER
County or administrative area WORCS
* Postcode
DY10 2AH
* Country
United Kingdom
Section 2 of 19
PREMISES DETAILS
I/we, as named in section 1, apply for a premises licence under section 17 of the Licensing Act 2003 for the premises
described in section 2 below (the premises) and I/we are making this application to you as the relevant licensing authority
in accordance with section 12 of the Licensing Act 2003.
Premises Address
Are you able to provide a postal address, OS map reference or description of the premises?
Address
OS map reference
Description
Postal Address Of Premises
Building number or name
SHELL FAKENHAM
Street
CREAKE ROAD
District
City or town
FAKENHAM
County or administrative area NORFOLK
Postcode
NR21 9HT
Country
United Kingdom
Further Details
Telephone number
01328 852900
Non-domestic rateable
value of premises (£)
103,000
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Section 3 of 19
APPLICATION DETAILS
In what capacity are you applying for the premises licence?
An individual or individuals
A limited company
A partnership
An unincorporated association
A recognised club
A charity
The proprietor of an educational establishment
A health service body
A person who is registered under part 2 of the Care Standards Act
2000 (c14) in respect of an independent hospital in Wales
A person who is registered under Chapter 2 of Part 1 of the Health and
Social Care Act 2008 in respect of the carrying on of a regulated
activity (within the meaning of that Part) in an independent hospital in
England
The chief officer of police of a police force in England and Wales
Other (for example a statutory corporation)
Confirm The Following
I am carrying on or proposing to carry on a business which involves
the use of the premises for licensable activities
I am making the application pursuant to a statutory function
I am making the application pursuant to a function discharged by
virtue of Her Majesty's prerogative
Section 4 of 19
NON INDIVIDUAL APPLICANTS
Provide name and registered address of applicant in full. Where appropriate give any registered number. In the case of a
partnership or other joint venture (other than a body corporate), give the name and address of each party concerned.
Non Individual Applicant's Name
Name
SHELL UK OIL PRODUCTS LIMITED
Details
Registered number (where
applicable)
3625633
Description of applicant (for example partnership, company, unincorporated association etc)
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PRIVATE LIMITED COMPANY
Address
Building number or name
SHELL CENTRE
Street
District
City or town
LONDON
County or administrative area
Postcode
SE1 7NA
Country
United Kingdom
Contact Details
E-mail
Telephone number
0207 934 1234
Other telephone number
Add another applicant
Section 5 of 19
OPERATING SCHEDULE
When do you want the
premises licence to start?
11
/
dd
If you wish the licence to be
valid only for a limited period,
when do you want it to end
dd
10
/
mm
/
2014
yyyy
/
mm
yyyy
Provide a general description of the premises
For example the type of premises, its general situation and layout and any other information which could be relevant to the
licensing objectives. Where your application includes off-supplies of alcohol and you intend to provide a place for
consumption of these off- supplies you must include a description of where the place will be and its proximity to the
premises.
PLEASE SEE OVERVIEW WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT ALLOW FOR THE
DOCUMENT TO BE UPLOADED.
If 5,000 or more people are
expected to attend the
premises at any one time,
state the number expected to
attend
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Continued from previous page...
Section 6 of 19
PROVISION OF PLAYS
Will you be providing plays?
Yes
No
Section 7 of 19
PROVISION OF FILMS
Will you be providing films?
Yes
No
Section 8 of 19
PROVISION OF INDOOR SPORTING EVENTS
Will you be providing indoor sporting events?
Yes
No
Section 9 of 19
PROVISION OF BOXING OR WRESTLING ENTERTAINMENTS
Will you be providing boxing or wrestling entertainments?
Yes
No
Section 10 of 19
PROVISION OF LIVE MUSIC
Will you be providing live music?
Yes
No
Section 11 of 19
PROVISION OF RECORDED MUSIC
Will you be providing recorded music?
Yes
No
Section 12 of 19
PROVISION OF PERFORMANCES OF DANCE
Will you be providing performances of dance?
Yes
No
Section 13 of 19
PROVISION OF ANYTHING OF A SIMILAR DESCRIPTION TO LIVE MUSIC, RECORDED MUSIC OR PERFORMANCES OF
DANCE
Will you be providing anything similar to live music, recorded music or
performances of dance?
Yes
No
Section 14 of 19
LATE NIGHT REFRESHMENT
Will you be providing late night refreshment?
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Continued from previous page...
Yes
No
Standard Days And Timings
MONDAY
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Start 23:00
End 24:00
Start
End
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
Will the provision of late night refreshment take place indoors or outdoors or
both?
Indoors
Outdoors
Both
Where taking place in a building or other
structure tick as appropriate. Indoors may
include a tent.
State type of activity to be authorised, if not already stated, and give relevant further details, for example (but not
exclusively) whether or not music will be amplified or unamplified.
THE PROVISION OF HOT DRINKS AND HEATED SNACK FOODS (E.G PASTIES, SAUSAGE ROLLS, WRAPS.)
State any seasonal variations
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For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the supply of late night refreshments at different times from
those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Section 15 of 19
SUPPLY OF ALCOHOL
Will you be selling or supplying alcohol?
Yes
No
Standard Days And Timings
MONDAY
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
24
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
Licensing Sub-Committee
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Continued from previous page...
SUNDAY
Start 06:00
End 24:00
Start
End
Will the sale of alcohol be for consumption:
On the premises
Off the premises
Both
If the sale of alcohol is for consumption on
the premises select on, if the sale of alcohol
is for consumption away from the premises
select off. If the sale of alcohol is for
consumption on the premises and away
from the premises select both.
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non-standard timings. Where the premises will be used for the supply of alcohol at different times from those listed in the
column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
State the name and details of the individual whom you wish to specify on the
licence as premises supervisor
Name
First name
CORRIGAN DEAN
Family name
LOCKETT
Enter the contact's address
Building number or name
BARN OWL COTTAGE
Street
STOURPORT ROAD
District
City or town
BEWDLEY
County or administrative area WORCS
Postcode
DY12 1QA
Country
United Kingdom
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19 November 2014
Continued from previous page...
Personal Licence number
(if known)
WF201101386
Issuing licensing authority
(if known)
WYRE FOREST DISTRICT COUNCIL
PROPOSED DESIGNATED PREMISES SUPERVISOR CONSENT
How will the consent form of the proposed designated premises supervisor
be supplied to the authority?
Electronically, by the proposed designated premises supervisor
As an attachment to this application
Reference number for consent
form (if known)
If the consent form is already submitted, ask
the proposed designated premises
supervisor for its 'system reference' or 'your
reference'.
Section 16 of 19
ADULT ENTERTAINMENT
Highlight any adult entertainment or services, activities, or other entertainment or matters ancillary to the use of the
premises that may give rise to concern in respect of children
Give information about anything intended to occur at the premises or ancillary to the use of the premises which may give
rise to concern in respect of children, regardless of whether you intend children to have access to the premises, for example
(but not exclusively) nudity or semi-nudity, films for restricted age groups etc gambling machines etc.
NONE.
Section 17 of 19
HOURS PREMISES ARE OPEN TO THE PUBLIC
Standard Days And Timings
MONDAY
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Licensing Sub-Committee
26
Give timings in 24 hour clock.
(e.g., 16:00) and only give details for the days
of the week when you intend the premises
to be used for the activity.
TUESDAY
WEDNESDAY
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19 November 2014
Continued from previous page...
THURSDAY
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
Start 06:00
End 24:00
Start
End
FRIDAY
SATURDAY
SUNDAY
State any seasonal variations
For example (but not exclusively) where the activity will occur on additional days during the summer months.
Non standard timings. Where you intend to use the premises to be open to the members and guests at different times from
those listed in the column on the left, list below
For example (but not exclusively), where you wish the activity to go on longer on a particular day e.g. Christmas Eve.
Section 18 of 19
LICENSING OBJECTIVES
Describe the steps you intend to take to promote the four licensing objectives:
a) General – all four licensing objectives (b,c,d,e)
List here steps you will take to promote all four licensing objectives together.
PLEASE SEE PROPOSED CONDITIONS WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT
ALLOW FOR THE DOCUMENT TO BE UPLOADED.
b) The prevention of crime and disorder
PLEASE SEE PROPOSED CONDITIONS WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT
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19 November 2014
Continued from previous page...
ALLOW FOR THE DOCUMENT TO BE UPLOADED.
c) Public safety
PLEASE SEE PROPOSED CONDITIONS WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT
ALLOW FOR THE DOCUMENT TO BE UPLOADED.
d) The prevention of public nuisance
PLEASE SEE PROPOSED CONDITIONS WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT
ALLOW FOR THE DOCUMENT TO BE UPLOADED.
e) The protection of children from harm
PLEASE SEE PROPOSED CONDITIONS WHICH WILL BE SENT VIA SEPARATE EMAIL AS THE GOV.UK WEBSITE DOES NOT
ALLOW FOR THE DOCUMENT TO BE UPLOADED.
Section 19 of 19
PAYMENT DETAILS
This fee must be paid to the authority. If you complete the application online, you must pay it by debit or credit card.
Premises Licence Fees are determined by the non domestic rateable value of the premises.
To find out a premises non domestic rateable value go to the Valuation Office Agency site at http://www.voa.gov.uk/
business_rates/index.htm
Band A - No RV to £4300
Band B - £4301 to £33000
Band C - £33001 to £8700
Band D - £87001 to £12500
Band E - £125001 and over
£100.00
£190.00
£315.00
£450.00*
£635.00*
*If the premises rateable value is in Bands D or E and the premises is primarily used for the consumption of alcohol on the
premises then your are required to pay a higher fee
Band D - £87001 to £12500
Band E - £125001 and over
£900.00
£1,905.00
There is an exemption from the payment of fees in relation to the provision of regulated entertainment at church halls,
chapel halls or premises of a similar nature, village halls, parish or community halls, or other premises of a similar nature. The
costs associated with these licences will be met by central Government. If, however, the licence also authorises the use of
the premises for the supply of alcohol or the provision of late night refreshment, a fee will be required.
Schools and sixth form colleges are exempt from the fees associated with the authorisation of regulated entertainment
where the entertainment is provided by and at the school or college and for the purposes of the school or college.
If you operate a large event you are subject to ADDITIONAL fees based upon the number in attendance at any one time
Capacity 5000-9999
£1,000.00
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Continued from previous page...
Capacity 10000 -14999
Capacity 15000-19999
Capacity 20000-29999
Capacity 30000-39000
Capacity 40000-49999
Capacity 50000-59999
Capacity 60000-69999
Capacity 70000-79999
Capacity 80000-89999
Capacity 90000 and over
* Fee amount (£)
£2,000.00
£4,000.00
£8,000.00
£16,000.00
£24,000.00
£32,000.00
£40,000.00
£48,000.00
£56,000.00
£64,000.00
450.00
DECLARATION
1
*
I/we understand it is an offence, liable on conviction to a fine up to level 5 on the standard scale, under section 158 of the
licensing act 2003, to make a false statement in or in connection with this application.
Ticking this box indicates you have read and understood the above declaration
This section should be completed by the applicant, unless you answered "Yes" to the question "Are you an agent acting on
behalf of the applicant?”
* Full name
SARA CLEMENT PP. LOCKETT & CO
* Capacity
DULY AUTHORISED AGENTS
* Date
12
dd
/
09
mm
/
2014
yyyy
Add another signatory
Once you're finished you need to do the following:
1. Save this form to your computer by clicking file/save as...
2. Go back to https://www.gov.uk/apply-for-a-licence/premises-licence/north-norfolk/apply-1 to upload this file and
continue with your application.
Don't forget to make sure you have all your supporting documentation to hand.
IT IS AN OFFENCE, LIABLE ON SUMMARY CONVICTION TO A FINE NOT EXCEEDING LEVEL 5 ON THE STANDARD
SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003, TO MAKE A FALSE STATEMENT IN OR IN CONNECTION
WITH THIS APPLICATION
Licensing Sub-Committee
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19 November 2014
OFFICE USE ONLY
Applicant reference number
SHELL FAKENHAM
Fee paid
Payment provider reference
ELMS Payment Reference
Payment status
Payment authorisation code
Payment authorisation date
Date and time submitted
Approval deadline
Error message
Is Digitally signed
< Previous
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2
3
4
5
6
7
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19 November 2014
General description supplementary to the premises licence application
for:
SHELL UK OIL PRODUCTS LIMITED
SHELL FAKENHAM
CREAKE ROAD
FAKENHAM
NORFOLK
NR21 9HT
Licensing Sub-Committee
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19 November 2014
Convenience Store Overview.
This is a well-established convenience store which is currently undergoing refurbishment. the
convenience store site trades under SHELL UK OIL PRODUCTS LIMITED but is operated by Bretail
Limited. There are 10 pumps located on the forecourt and an ATM is located on site. There are
no facilities on site for the maintenance and/or sale of motor vehicles.
The Convenience Store.
The convenience store has a retail area of approximately 1200 sq ft. The purpose built store has
been designed to serve both the local community along with passing trade. The convenience
store operates from 06.00 to 24 hours each day, seven days per week under the company’s own
format. The store stocks a range of fresh foods and dairy produce, groceries and other domestic
products and also offers ‘express’ lunch facilities. In addition dry fuel products such as BBQ
charcoal/kindling/logs are available. Off sales are a standard and expected feature of the
convenience store service.
Security.
The digital CCTV system benefits from a recorder with 31 day image retention. Recordings can be
made available to Police and other enforcement agencies as needed.
The Operation.
The convenience store is operated by the Manager assisted by a team of full and part time staff.
The Designated Premises Supervisor, is trained and certified through an accredited scheme and is
responsible for training all staff-utilising the Lockett & Co Due Diligence Package-and keeping
complete training records. The Challenge 25 trading initiative is used supported by the refusals
system with records kept in the Refusals Log.
The following two pages provide an overview of the content of the Lockett & Co Due Diligence
package.
Licensing Sub-Committee
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19 November 2014
LOCKETT & CO DUE DILIGENCE
PACKAGE OVERVIEW
Lockett & Co will provide each licensed site with a complete due diligence package to
consisting of the following material:
1. A Premises Licence Manual:
The manual consists of all the relevant information and guidance the licence holder
would require relating to the premises licence and the requirements under the
Licensing Act 2003. There is a location within the manual to store Part A of the
premises licence and instruction provided regarding the requirement of the Section 57
notice and Part B Summary being displayed.
2. Staff Training Manual:
This manual is designed to enable the licence holder to undertake regular in house
staff training relating to alcohol and age restricted products to ensure that all staff
members including any new members of staff understand their legal duties and what
the requirements are under the Licensing Act 2003 for alcohol and age restricted
products and the penalties that may be applicable if the law is not adhered to.
3. Premises Refusals Log:
The log is to enable all staff to record all details of any refused sales to customers (for
example if they are underage, do not have any ID, etc). The log allows all refusals to
be kept in one place and provides the detailed information that is required under the
Licensing Act 2003, which can then be produced at any time upon request to the
Police, Trading Standards or other relevant officer to ensure that staff has been
compliant with the requirements. This log is also signed off by the relevant DPS or site
manager on a regular basis to ensure compliance.
4. Premises Incident Log:
The log is to enable staff to record any incidents that occur at the premises (for
example theft, non-payment for goods, drive offs, acts of aggression or violence, etc).
5. Refusals Cards Alcohol:
The cards are for the staff members serving customers to give out to the customer
when they are refused service when trying to purchase alcohol, telling them why they
were refused. The use of the card can assist in reducing potential confrontation.
6. Refusals Cards Age Restricted:
The cards are for the staff members serving customers to give out to a customer when
they are refused service for age restricted products, telling them why they were
refused. The use if the card can assist in reducing potential confrontation.
7. U 25 Drink Awareness Badges:
The badges are for staff members to wear on their uniform, to identify to customers
that they will be requesting ID from anyone who appears to be under the age of 25
when purchasing alcohol and age restricted products.
Licensing Sub-Committee
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19 November 2014
8. U 25 Drink Awareness Posters (per set A3, A4 & A2):
The posters are provided for the premises licence holder as a set of four to display in
and around the premise, the four posters are as follows: 1. Advises that anyone who
appears to be under the age of 25 will be asked for ID when purchasing alcohol, 2.
Advises it is an offence to purchase or attempt to purchase alcohol on behalf of
anyone who is under the age of 18. 3. Advises that it is a criminal offence to buy
alcohol on behalf of a child. 4. Advises that anyone who appears to be under the age
of 25 will be ask to produce ID when buying any age restricted product.
9. Tobacco Posters
The posters are for the premises licence holder to display on or near to the cigarette
gantry that it is illegal to sell tobacco products to anyone under the age of 18. The
poster meets the legislative requirements that the retailer must display in respect of
tobacco sales.
10. Staff Guide to Selling Alcohol and Age Restricted Products Booklet:
The small booklet is provided to each member of staff at the premises and is
distributed to them as part of their in house training, it is designed as an easy guide for
staff members to refer to regarding their responsibilities with regard to the sale of
alcohol and age restricted products.
Please note: Any legislative changes will be advised to the premises licence
holder the changes will also be updated within the material provided to each site
as and when it is required.
Licensing Sub-Committee
34
19 November 2014
Section M Describe the steps you intend to take to promote the four licensing
objectives:
a) General-all four licensing objectives (b, c, d, e)
A suitable and sufficient CCTV system with recording facilities will be in place at site
and will operate at all times the premise is open for licensable activities. Images can be
made available upon reasonable request by the Police or other relevant officers of a
responsible authority.
Staff will be trained with regard to their responsibilities in the retail sale of alcohol and
regular refresher training will also be undertaken. Training records can be made
available for inspection upon reasonable request by the Police or other relevant officers
of a responsible authority.
A refusals book will be operated and maintained and will be produced to a relevant
officer of the Police or other relevant officers of a responsible authority upon request.
A Challenge 25 policy will be operated at the premise, acceptable forms of
identification are a passport, photocard driving licence and PASS accredited
identification card.
Spirits will be located behind the counter.
b) The prevention of crime and disorder.
A suitable and sufficient CCTV system with recording facilities will be in place at site
and will operate at all times the premise is open for licensable activities. Images can be
made available upon reasonable request by the Police or other relevant officers of a
responsible authority.
Spirits will be located behind the counter.
Staff will be trained with regard to their responsibilities in the retail sale of alcohol and
regular refresher training will also be undertaken. Training records can be made
available for inspection upon reasonable request by the Police or other relevant officers
of a responsible authority.
c) Public Safety.
A suitable and sufficient CCTV system with recording facilities will be in place at site
and will operate at all times the premise is open for licensable activities. Images can be
made available upon reasonable request by the Police or other relevant officers of a
responsible authority.
Licensing Sub-Committee
35
19 November 2014
d) Prevention of public nuisance.
Staff will be trained with regard to their responsibilities in the retail sale of alcohol and
regular refresher training will also be undertaken. Training records can be made
available for inspection upon reasonable request by the Police or other relevant officers
of a responsible authority.
e) The protection of children from harm.
Staff will be trained with regard to their responsibilities in the retail sale of alcohol and
regular refresher training will also be undertaken. Training records can be made
available for inspection upon reasonable request by the Police or other relevant officers
of a responsible authority.
A refusals book will be operated and maintained and will be produced to a relevant
officer of the Police or other relevant officers of a responsible authority upon request.
A Challenge 25 policy will be operated at the premise, acceptable forms of
identification are a passport, photocard driving licence and PASS accredited
identification card.
Spirits will be located behind the counter.
Licensing Sub-Committee
36
19 November 2014
APPENDIX B
Licensing Sub-Committee
37
19 November 2014
APPENDIX C
The Licensing Dept
North Norfolk District Council
Holt Road
Cromer
Norfolk.
NR27 9EN
Norfolk Constabulary Licensing Team
4th Floor, Vantage House
Fishers Lane
Norwich
Norfolk
NR2 1ET
Date: 9th October 2014
Tel:
Fax:
01603 276024
01603 276025
Email: grovera@norfolk.pnn.police.uk
Ref: TG/Lic:
www.norfolk.police.uk
Non-Emergency Tel: 101
Dear Licensing Team,
Application under the Licensing Act 2003
Premises:
Shell Fakenham, Creake Road, Fakenham. NR21 9HT
Name of applicant: Shell UK Oil Products Limited
Type of application: New Premises Licence
The Police wish to make a representation regarding this application on the grounds that the Crime
Prevention and Disorder Objective could be undermined.
The reason(s) for this representation are:
The premises of Shell Fakenham have been an long established petrol service station situated on
the eastern, (Fakenham town side) of the busy main road crossroads junction of the A148 and the
A1065 in North Norfolk. It has been closed since August 2014 for a major refurbishment of the site.
The services offered by the service station were fuel, ATM, car washing and a small shop which
sold a selection of refreshments, vehicle accessories / consumables, and mini market type
products. The normal hours of operation of this site have been between 6am and midnight at which
time the premises have been shut down and the building locked. There was no Premises Licence
in force for the site before even though hot drinks were available if required by customers up to
closing time.
This refurbishment follows a successful application to the Planning Authority to redesign the site to
provide more fuel pumps and all the services previously listed. The shop and cashier building will
apparently be a new construction. It is planned that the new shop will also provide alcohol products
to customers should they wish to purchase them. The proposed provision of alcohol from the
premises demands a level of security and attention to the business than there may have been
previously. It also requires the benefit of a Premises Licence.
The applicant has submitted an application for a Premises Licence which requests permission to
sell alcohol between the hours of 6am and midnight each day. It also requests permission to sell
Late Night Refreshments between 11pm and midnight each day. From my own observations by
visiting the site on both the 15th and 18th September I noticed that the requirement for public notice
Licensing Sub-Committee
38
19 November 2014
of the application to be displayed around the premises had not been complied with. The application
was submitted and received by Police on 12th September 2014 and this notice was not in place on
the days highlighted above.
Up until recently it has been accepted that any licensing application from such an establishment
has had to be accompanied by documentation to provide evidence of “Primary Use”. This is
because of Section 176 of the Licensing Act 2003 which states that ‘premises primarily used as a
“garage” (which this type of premises is defined as being) are not authorised to sell alcohol’. No
such evidence was provided in this application. Enquiries with the applicant’s solicitors have shown
that they are citing a recent High Court Judgement (between Murco Petroleum Limited and Bristol
City Council heard at the High Court on 24.06.12) which in effect could allow the application to go
ahead without the provision of this information. This information is therefore not available and
has not been provided to me upon my request.
The applicant’s solicitors have stated that the Premises Licence could be granted and it would be a
matter of enforcement by the Responsible Authorities to prove that the Premises Licence was
being used legally. If it could be shown that the Primary Use of the site is the intensity of sales of
fuel and not sales from other goods provided, then the permissions within the Premises Licence
would be breached.
There does not appear to be any mechanism currently in place to allow enforcement in this regard
unless the applicant, or the Operator of the business from the site, regularly submits certified
information proving this to be the case to both the Licensing Authority and the Police. This is a
matter that would require some other consideration embedded within the permissions or conditions
contained within the Premises Licence if it is granted.
Looking at an excerpt from the Planning Application submitted to North Norfolk District Council the
application states within Section 3.2 that “in terms of use the turnover of the shop remains ancillary
to the forecourt use”. As an already established business with comprehensive sales records it
could be considered that it would be easy for such information to be backed up to either prove or
disprove this statement and therefore determine evidence of “primary use” or not.
I do not intend to carry on this argument within this representation (I am sure that the applicant’s
solicitors will) other than to suggest that any concerns regarding “Primary Use” and the manner in
which a licensing application such as this is now being submitted could easily be avoided as such
information should be available and could dispel any such concerns.
The argument above is not the only concern for the Police regarding this application. The security
and management of the building is of serious concern for the below reasons:
a. Fortunately burglary rates at petrol station sites within North Norfolk are historically quite
low. My own policing experience, including that of a Crime Prevention Officer, also
suggests that the standard of security at these premises has often been lacking and made
the job of the potential offender easier than it may otherwise have been. I am not aware of
the security standards proposed at this site as none are stated within the application.
b. Theft of alcohol is a common occurrence from all kinds of shop facility where it made
available for sale. Appropriate crime measures of at least a recognised minimum standard
must be in place to reduce this risk. I have requested details of the security standards
proposed to be built in with the refurbishment of the shop building from the applicant’s
solicitors to no avail. My fears have not yet been placated.
c. Historically, there have always been concerns that groups of car drivers and their friends
have congregated within this site for social purposes during the late evening and up to the
point where the site closed for the night. Often they would cause noise nuisance by the
playing of loud music from their car music systems, engage in loud conversation and
shouting and racing off the forecourt along the road in towards the town centre or along the
main trunks roads, all to the disturbance of local residents. Throwing the possibility of the
Licensing Sub-Committee
39
19 November 2014
easy provision of alcohol into the mix may afford the opportunity for that disturbance to
become amplified in its intensity due to drunkenness. If a Premises Licence were to be
granted at this location it would currently be the only “off licence” open between 10pm and
midnight in the Fakenham and surrounding area. It could be bound to attract extra custom
purely for that reason and therefore increase the likelihood of disturbance and anti-social
behaviour.
Shell UK Oil Products Limited do not run the majority of their petrol service stations and have little
to do with the day to management of them. It follows that while they may hold a Premises Licence
their licensing responsibility could be expected to be carried out on their behalf by their
franchisees. This refurbished site will be run as a franchise by a Mr Martin Wilkinson, who has also
been running the site prior to its temporary closure. The person who will be acting as the
designated Premises Supervisor will be a Mrs Linda Peachment. None of this information was
provided within the application and had to be requested from the applicant’s solicitors (at some
delay) in order that Police enquiries into whom the operators of the business were likely to be.
Having spoken to Mr Wilkinson and Mrs Peachment, the Police are satisfied that they do
understand their licensing responsibilities. Mr Wilkinson is also understanding of the concerns of
the Police concerning the security and management of the site. He said that he would try to get the
information I had requested in this regard but any intervention he may have made has not taken us
any further forward.
In the absence of any answers to the questions posed by the concerns of the Police we
have no option but to object to the application as submitted.
If there were to be a guarantee from the applicant that the following security standards were to be
incorporated within the fabric of the shop building and as Conditions within the Premises Licence, if
it is granted, the Police would withdraw that part of their objection:
1. All Door Sets, Windows and Security Grilles to be installed at the premises must meet Loss
Prevention Standards LPS1175 with a Security Rating of Level 3 (LPS1175 SR3).
2. All glazing fitted as part of the external fabric of the building must consist of laminated glass
to a minimum thickness of 6.8mm or glass successfully tested to BS EN 356:2000 (Glass in
building - Security glazing resistance to manual attack) to category P2A.
3. All external doors must be of a solid construction at least 44mm thick and be fitted with 2 x
5 Lever Mortice Locks to British Standard BS3621 fitted 1/3rd up and 1/3rd down the Door.
The Final Exit Door needs the 2 Locks operated from the outside. Outward opening doors
must be fitted with security hinges and hinge bolts.
4. The venue must have a Secure Alcohol Store and access to this area must be strictly
controlled. It needs to be in a secure part of the building and, ideally, in a solidly
constructed part. This can be overcome by using a Weld Mesh product on Walls and
Ceilings if this cannot be achieved. The Access Door needs to be of at least 44mm thick
and of solid construction. It should have Security Hinges and Hinge Bolts fitted with 2 x 5
Lever Mortice Locks to British Standard BS3621 installed.
5. A fully Monitored Alarm System such as Red Care must be installed at the premises. This
will need to be professionally installed by a Member of a Recognised Security Inspectorate
such as NSI or SSAIB and meet British Standards BS4737 – EN50131.
6. The premises must be fitted with a CCTV system that meets current British Standards with
sufficient cameras to provide images to an evidential standard from within all public areas
of the licensed premises. The system must be in operation at all times and maintained in
good working order. Cameras must be positioned to cover all access points both internally
and externally and other external areas where it may be possible for customers to
congregate out of the physical sight of staff within the shop building. A CCTV monitor must
Licensing Sub-Committee
40
19 November 2014
be installed in such a position that a member of staff behind the service till can monitor
images produced by the CCTV cameras. The CCTV system must be capable of recording
images in digital format for a continuous period of at least 31 days. At least one member of
staff must be on duty at all times when the premise is open for business who is properly
trained in the operation and use of the system. Images must be capable of being
downloaded from the system onto an external storage device and must be provided to
representatives or the Police or the Licensing Authority upon reasonable request. Notices
must be clearly displayed within the premises informing customers that CCTV is in
operation within the premises.
With regard to the matter raised in this representation concerning “Primary Use” and the ongoing
enforcement in relation to any Premises Licence granted for this premise the Police request that
the following Condition be placed on the Premises Licence:
7. The Premises Licence Holder or authorised representative must submit a certified and
verifiable copy of audited sales figures which show that the business is compliant with the
Primary Use exemption allowed within section 176 of the Licensing Act 2003. This
information must be submitted to both the Licensing Authority and the Police on a six
monthly basis from the point when the Premises Licence was originally granted.
If the applicant(s) feels they are unable to agree with the above Conditions, please consider
this as an objection to the application
Yours faithfully,
Tony Grover.
Licensing Officer.
Licensing Sub-Committee
41
19 November 2014
From:
To:
Subject:
Date:
Ƹ Lara Clare gcsx
Nicky Davison
FW: Licensing Application-Shell Fakenham
17 September 2014 09:43:27
From: Grover, Anthony [mailto:GroverA@norfolk.pnn.police.uk]
Sent: 17 September 2014 09:20
To: 'sara@lockett.uk.com'
Cc: Ƹ Lara Clare gcsx
Subject: Licensing Application-Shell Fakenham
Sara,
Following our conversation yesterday I would like to know the answers to the below questions in
order that I can conduct my enquiries into this application:
1. Who is the franchisee for this operation? Please supply a name and contact details. The
reason I ask is because I would like to know who is going to be running the business on behalf of
Shell UK if a Premises Licence is granted. I need to be satisfied that the Licence Holders
representative has full appreciation and understanding of licensing law and the responsibility that
goes with it. This person may or may not be the DPS as far as I know at present.
2. You have informed me that when the premise opens after refurbishment the likely
Designated Premises Supervisor is going to be someone by the name of Linda Peachment.
Obviously there will be another application to make this change if the licence is granted. (I wonder
why this name was not put forward in the first place to save the bother and cost of another
application and to make it easier for responsible authorities to have full knowledge of intention
during the application process?) Is this person going to be the franchisee? Can you supply me with
contact details for this person for the same reason as given previously.
3. Have you deliberately failed to submit any details regarding the “primary use of the premises”
from previous operational trading statistics regarding the difference between fuel sales and other
retails sales? I do not have a copy. Have you sent a copy by other means or is not considered
necessary as part of this application? The reason I ask is because it is my duty on behalf of the
Police to be satisfied that the primary use of the premise is properly addressed and that suitable
measures are in place to minimise the risk of any crime or disorder as a result of alcohol sales that
may be made from the premises. From my own knowledge this particular venue has always been a
congregation point for local youths in their cars in the evenings. It would not be desirable for them
to sit unobserved from the shop sitting in cars drinking alcohol. It would be the only shop in
Fakenham making off sales of alcohol up to midnight if the licence were to be granted.
I am happy to meet with a company representative to discuss my concerns.
I look forward to your response.
Licensing Sub-Committee
42
19 November 2014
Kind regards,
Tony Grover.
Tony Grover, Licensing Officer
4th Floor Vantage House
Fishers Lane
Norwich
Norfolk. NR2 1ET.
Tel: (DD) 01603 27 6093 Mobile: 07825 756658 Fax: 01603 27 6025
Email: grovera@norfolk.pnn.police.uk
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Licensing Sub-Committee
43
19 November 2014
From:
To:
Subject:
Date:
Licensing
"Sara Clement (sara@lockett.uk.com)"
Premises Licence application - Shell Oil UK, Creake Road, Fakenham. NR21 9HT
30 September 2014 12:52:00
Dear Sara,
Following the application for a new premises licence for Shell Oil UK, Creake Road, Fakenham, it
appears that we are missing financial accounts to establish the primary use of the premises.
I would be grateful if you can send us the last 3 months accounts, when the premises was in
operation, to compare the gross sales from the convenience store to the gross sales from the
petrol/diesel, sale of motor vehicles and maintenance of motor vehicles.
This information is required as Section 176 of the Licensing Act 2003, prohibits alcohol sales at
service areas, garages etc.
I look forward to receiving this information at your earliest convenience.
The consultation period will commence when this information has been provided.
Kind Regards
Nicky Davison
Technical Administrator Licensing
licensing@north-norfolk.gov.uk
176 Prohibition of alcohol sales at service areas, garages etc
(1) No premises licence, club premises certificate or temporary event notice has effect to
authorise the sale by retail or supply of alcohol on or from excluded premises.
(2) In this section ‘excluded premises’ means—
(a) premises situated on land acquired or appropriated by a special road authority, and for the
time being used, for the provision of facilities1 to be used in connection with the use of a special
road provided for the use of traffic of class I (with or without other classes); or
(b) premises used primarily as a garage2 or which form part of premises which are primarily so
Licensing Sub-Committee
44
19 November 2014
used.
(3) The Secretary of State may by order amend the definition of excluded premises in
subsection (2) so as to include or exclude premises of such description as may be specified in the
order.
(4) For the purposes of this section—
(a) ‘special road’3 and ‘special road authority’4 have the same meaning as in the Highways Act
1980 (c 66), except that ‘special road’ includes a trunk road to which (by virtue of paragraph 3 of
Schedule 23 to that Act) the provisions of that Act apply as if the road were a special road,
(b) ‘class I’ means class I in Schedule 4 to the Highways Act 1980 as varied from time to time by
an order under section 17 of that Act, but if that Schedule is amended by such an order so as to
add to it a further class of traffic, the order may adapt the reference in subsection (2)(a) to traffic
of class I so as to take account of the additional class, and
(c) premises are used as a garage if they are used for one or more of the following—
(i) the retailing of petrol,
(ii) the retailing of derv,
(iii) the sale of motor vehicles,
(iv) the maintenance of motor vehicles.
Licensing Sub-Committee
45
19 November 2014
From:
To:
Subject:
Date:
Attachments:
Grover, Anthony
Ƹ Nicky Davison gcsx
RE: ONLINE - New - Premises application - north-norfolk-138518-Premises licence application Shell
Fakenham
01 October 2014 07:30:53
Primary-use-test-for-garage-licensing-Licensing-Review-Jan-11.pdf
Hi Nicky,
Thanks for the update regarding this application. I have reproduced the content of an email I
received from Sara Locket concerning my own enquiries and the answers I have sought:Dear Mr Grover,
Thank you for your email. We apologise for the delay but we have had to seek confirmation from
the Retailer and Shell UK Oil Products Limited that they were happy for the Retailer’s details to be
released.
As discussed, I can confirm that the premises licence (subject to grant) will be held by Shell UK Oil
Products Limited but the site will be operated by Bretail Limited. The Retailer is Martin Wilkinson
and his contact number is 01508 532147. Martin is aware that you will contact him and is happy to
discuss his background with you.
I spoke to Inspector Futter earlier this week and explained that Lynda Peachment will be the
Designated Premises Supervisor (DPS)once she has a personal licence. Lynda has passed her APLH
and training and we are progressing her personal licence. The DPS currently named on the
premises licence application is Corrigan Lockett and as explained to both yourself and Inspector
Futter, Mr Lockett was nominated in order to submit the application and subject to the application
being granted, we can confirm the site will not trade alcohol until such time that Mr Lockett has
been replaced as DPS by Lynda Peachment. Inspector Futter has been provided with Lynda’ s
details in order that the Police background checks can be made.
With regard to the other requested information we are still with liaising with Shell in order to obtain
this information and will revert back to you as soon as possible. Should you have any queries or require further information, please do not hesitate to contact me.
Kind regards,
Sara
Sara Clement MBII.tp
Licensing Manager
I note your enquiry with them concerning "primary use" as indicated in S176. I had a discussion
with Sara's partner regarding this issue. His contention is that they don't have to provide the
information concerning "primary use" as it is not an issue when deciding on whether or not to grant
a licence. He contends that the issue is one of enforcement as the licence permission would not
apply if the Licence Holder could not satisfy the requirements for "primary use". The problem is that
how can this matter be enforced if there are no updated figures available for inspection to prove
such use. It could mean the Licensing Committee placing a condition on the licence if it is granted
which requires evidence of primary use to be submitted to the Licensing Authority on a 6 monthly
or annual basis? I have attached a useful article for you to read concerning this matter which I was
sent by John Gilbraith at West Norfolk.
The notices have been displayed for the last week. They were certainly there on 23rd September.
I would be interested to see any information that you are sent from Sara locket.
Best wishes,
Tony
Licensing Sub-Committee
46
19 November 2014
Tony Grover, Licensing Officer
4th Floor Vantage House
Fishers Lane
Norwich
Norfolk. NR2 1ET.
Tel: (DD) 01603 27 6093 Mobile: 07825 756658 Fax: 01603 27 6025
Email: grovera@norfolk.pnn.police.uk
-----Original Message----From: Ƹ Nicky Davison gcsx [mailto:nicky.davison@north-norfolk.gcsx.gov.uk]
Sent: 30 September 2014 12:27
To: Grover, Anthony
Subject: RE: ONLINE - New - Premises application - north-norfolk-138518-Premises licence
application Shell Fakenham
Hi Tony,
No consultation date has been set as we are awaiting proof of the primary use of the premises to
establish whether the application for alcohol sales would be permitted.
Lara will be visiting the premises tomorrow to assess whether public notices are posted
satisfactorily.
Did you receive any additional information from Sara Lockett following your email to her on the 17th
September 2014?
Kind Regards
Nicky Davison
Technical Administrator Licensing
licensing@north-norfolk.gov.uk
-----Original Message----From: Grover, Anthony [mailto:GroverA@norfolk.pnn.police.uk]
Sent: 24 September 2014 10:02
To: Licensing
Subject: FW: ONLINE - New - Premises application - north-norfolk-138518-Premises licence
application Shell Fakenham
Good morning Team,
Has there been a new consultation date set please?
Kind regards,
Tony.
Tony Grover, Licensing Officer
4th Floor Vantage House
Fishers Lane
Norwich
Norfolk. NR2 1ET.
Tel: (DD) 01603 27 6093 Mobile: 07825 756658 Fax: 01603 27 6025
Email: grovera@norfolk.pnn.police.uk
-----Original Message----From: Licensing Team
Sent: 18 September 2014 09:45
To: 'Lara.Clare@north-norfolk.gcsx.gov.uk'
Licensing Sub-Committee
47
19 November 2014
Subject: RE: ONLINE - New - Premises application - north-norfolk-138518-Premises licence
application Shell Fakenham
Lara,
Thank you for this copy of the application.
As you are aware the applicant is required to display the Public Notice of the application on blue
paper at regular intervals around the site and to place an advert in a local newspaper in order for
the application to be a valid one. This is the mechanism by which the public are notified of the
application and once informed can subsequently choose to make a representation if they wish. No
public representation can be expected if there is no information legally displayed.
I have checked the perimeter fencing around the site today. The site is currently being refurbished /
rebuilt. THERE ARE NO PUBLIC NOTICES DISPLAYED AT ALL. The only notice that is displayed is an
out of date planning application notice.
There are circumstances about this application which will prompt a representation from the Police in
due course. A week has now gone by since the application has been submitted and it is a week less
that the public currently have to respond to the public notice which should have been displayed.
Perhaps it would be in order for you to put this application on hold and only start the clock again
once the legal requirements of the application have been complied with by the applicant and that
this has been confirmed.
Your response is requested.
Thank you.
Kind regards,
Tony Grover.
Tony Grover, Licensing Officer
4th Floor Vantage House
Fishers Lane
Norwich
Norfolk. NR2 1ET.
Tel: (DD) 01603 27 6093 Mobile: 07825 756658 Fax: 01603 27 6025
Email: grovera@norfolk.pnn.police.uk -----Original Message----From: Ƹ Lara Clare gcsx [mailto:Lara.Clare@north-norfolk.gcsx.gov.uk]
Sent: 12 September 2014 16:31
To: Alan Dixon; Commercial; Emma Denny; Doherty, Carol (carol.doherty@norfolk.gov.uk);
Environmental Protection; Fire; Health Authority; Planning Department; Licensing Team; Trading
Standards
Cc: Nicky Davison; Sarah Skillings
Subject: ONLINE - New - Premises application - north-norfolk-138518-Premises licence application
Shell Fakenham
Online application received today. Please accept this as your service of application.
Kind regards
Lara
Lara Clare
Licensing Enforcement Officer
Tel: 01263 516252
Fax: 01263 514627
Email: Lara.Clare@north-norfolk.gov.uk
Licensing Sub-Committee
48
19 November 2014
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[84] Licensing Review, January 2011, pp.16-19
Primary use test for garage licensing
Roy Light is a barrister practising from St John’s Chambers, Bristol. He acted for Murco
Petroleum before the licensing committee and in the Administrative Court.
The decision in R (on the application of) Murco Petroleum Limited v Bristol City Council [2010]
EWHC 1992 (Admin), reported in the October 2010 issue of Licensing Review ([83] 19-25),
has introduced some uncertainty into the operation of s.176 Licensing Act 2003 in respect of
the sale of alcohol from premises at which ‘garage use’ takes place. Before considering s.176
and the Murco decision it is instructive briefly to consider the background to the section.
Background
Section 176 has its origins in s.10(1) of the Licensing Act 1988 which inserted two new
subsections into s.9(4) of the Licensing Act 1964 (which until 2005 regulated alcohol licensing
in England & Wales):
S.9(4A) Premises shall be disqualified for receiving a justices’ licence if they are primarily
used as a garage or form part of premises which are primarily so used.
S.9(4B) In subsection (4A) of this section, the reference to use as a garage is a reference
to use for any one or more of the following purposes, namely, the retailing of petrol or
derv or the sale or maintenance of motor
vehicles.
Section 10 was headed ‘Disqualification – garages’. Its intention was clear – that premises
‘primarily used as a garage’ would be disqualified for receiving a justices’ licence for the
sale of alcohol, but the meaning of ‘primary use’ was not defined. Further, by s.10(2), the
180 or so existing garage licences were protected even if the premises were primarily used
as a garage.
Licensing Sub-Committee
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19 November 2014
The genesis of the new provisions was explored in the July 2000 issue of Licensing Review
([42] 21); by which time it was estimated that were then some 600 forecourt stores which
held justices’ licences. (For as Paterson’s Licensing Acts put it: ‘service stations continue to
be used increasingly for the purpose of shopping as well as, or instead of, places for the
purchase of fuel’ (PLA 2000, p.xiii)).
The 22 years since the passing of the section have seen a dramatic change in retailing
generally and in garage forecourts in particular. The traditional garage with workshops, a
used car lot and a small kiosk has been replaced by forecourt convenience stores which
sell a wide variety of products and little resemble the garages of old (which could not
compete with supermarket fuel sales and national tyre and car repair centres). The
number of petrol stations has reduced dramatically and those that survive operate as
convenience/neighbourhood stores selling a range of products which customers expect
will include alcohol. The success of a convenience store depends on the availability of
alcohol, not only in terms of alcohol sales but also for all other sales, as customers require
a ‘one-stop shop’.
The 1980s saw increased concern over all forms of alcohol-related harm, including drinkdriving, and the Government came under strong pressure to restrict forecourt licensing.
Lobbying from a number of groups persuaded the Government to review ‘the
implications for drink-driving’ of garage off-licences. However, the review found no
evidence of any adverse effects and the Government accordingly declined to amend the
Licensing Bill to disqualify garages from holding justices licences.
But the Bill was amended in the Lords, despite the Government’s view that ‘there are
about 180 garages with licences. There is no evidence that would stand up to detailed
analysis that the possession by those suppliers of a licence has led to any drunken driving’
Hansard (Commons) 1988, 478). The measure was seen as a symbolic nod to the fight
against drink-driving rather than as a necessary practical measure. As Douglas Hogg put it
for the Government ‘Whatever the evidence might prove, we are probably dealing with
perceptions’ (Hansard (Commons) 27 April 1988, 478).
It is interesting to note that customers continue to drive to supermarkets and other stores
to buy alcohol and that almost all public houses have car parks. Additionally, while the
Licensing Sub-Committee
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19 November 2014
number of licensed forecourt shops has increased dramatically over the years (it is
estimated that in 2011 there are now some 2500 to 3000 such stores – the latest DCMS
statistics do not separate out forecourts from ‘other convenience stores’), drink-drive
figures have generally shown a corresponding decrease. Moves to introduce random
breath testing and to lower the permitted alcohol limit are recognised as having
significant potential for drink-drive gains, but their introduction is still long awaited.
S.176 Licensing Act 2003
Section 176 of the 2003 Act effectively re-enacts the provisions contained in s.9(4) of the
1964 Act: premises primarily used as a garage are not authorised to sell alcohol and garage
use is defined as the same four activities. The practice, procedure and case law utilised for
s.9(4) has therefore been followed for s.176 by licensing committees and magistrates’ courts
on appeal in many hundreds of cases over the past five years throughout England and Wales.
The licensing of forecourts seemed settled. However, difficulties were beginning to surface
and the Murco decision has brought these sharply into focus. Four matters fall for
consideration: is there a power to adjourn; is primary use to be considered at the application
stage; what is the test for primary use; and what is included under ‘maintenance of motor
vehicles?
Power to adjourn
The issue in the Murco case was a simple one. Murco made an application for a premises
licence for one of its forecourt shops. The application was made in the same way, providing
the same figures, as had been done in many previous applications, including applications to
the Bristol licensing committee. The sub-committee requested further information from the
applicant which was not available. The sub-committee then asked for other information. The
applicant stated that it had supplied sufficient information and it was now for the subcommittee to decide the application as s.18(4) of the Act is clear that an authority at a
hearing ‘must’ grant or refuse the application. The Guidance cannot override the
statutory provisions and regulations. As the Guidance itself puts it: ‘Nothing in this
Guidance should be taken as indicating that any requirement of licensing law or any other
law may be overridden. The Guidance does not in any way replace the statutory
Licensing Sub-Committee
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19 November 2014
provisions of the 2003 Act or add to its scope and licensing authorities should note the
interpretation of the Act is a matter for the courts’ (para.1.8).
The proper course, it was argued, for an authority faced with what it perceives as an
uncooperative, unreasonable or dishonest applicant is to refuse the application. There is
then an appeal to the magistrates’ court. If the authority’s decision is upheld it is
protected in costs and if it is not upheld then fairness can prevail.
The sub-committee disagreed and adjourned the hearing to a specified date. When further
information was not forthcoming the sub-committee purported to adjourn the hearing to an
unspecified date. This denied the applicant an appeal to the magistrates’ court and it was left
with judicial review as its only legal recourse. The Administrative Court agreed that the subcommittee had no power to adjourn to an unspecified date (paragraph 32). However
Cranston J dismissed the appeal on the basis that there was power to adjourn the hearing
utilising regulation 12 of the Licensing Act 2003 (Hearing Regulations) 2005 in accordance
with the Secretary of State’s Guidance which states that ‘where there is insufficient
evidence to establish primary use, it is for the licensing authority to decide whether to
grant the licence and deal with any issues through enforcement action or to defer
granting the licence until the primary use issue can be resolved to its satisfaction‘
(para.5.23).
The effect of the decision is that an application may be put on hold indefinitely, by
repeated adjournments, if a sub-committee is not content with the information contained
in an application. One leading commentator has described the decision as ‘a denial of
justice … The applicant is entitled to a decision one way or the other, not to be put ‘on
hold’ without the opportunity of recourse, except expensive and at times frustrating
judicial review’ (83 Licensing Review 2).
When does the question of primary use arise?
The wording of s.176 differs in a small but significant way to that of s.9(4). Whereas s.9(4)(A)
provided that ‘premises shall be disqualified for receiving a justices’ licence if they are primarily
used as a garage, s.176(1) provides that ‘no premises licence … has effect to authorise the
sale by retail … from excluded premises’ (emphases added).
Licensing Sub-Committee
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19 November 2014
So does s.176 operate as a mechanism to disqualify excluded premises for receiving a premises
licence (and as such is a matter to be addressed at the premises licence application stage as
was the case under the 1964 Act) or is its effect to remove authority for the sale of alcohol
under a premises licence where the premises are used primarily as a garage thus becoming
excluded premises (and as such does not need to be addressed at the application stage but is
an enforcement issue)? It can be argued that the wording of s.176(1) presupposes the
existence of a premises licence, but provides that such a licence will not authorise the sale or
supply of alcohol if the premises are used primarily as a garage. This interpretation also allows
for the fact that the primary use of premises may change over time.
Paterson’s Licensing Acts 2011 supports this contention (fn1 to s.176 LA 2003) ‘Whereas
it was incumbent on the Licensing Justices to undertake a detailed consideration of
whether, on the evidence, garage premises were entitled to be granted – or ‘receive’ - a
Justices Licence at the time of the application, it can be argued that under the new
regime such an approach is less important since any such licence granted will be null and
void if the premises are – or become – technically “excluded”’.
Thus it began to be argued, and it was initially before the licensing committee in the Murco
case, that primary use is now an enforcement rather than eligibility issue. Licensing
committees around the country adopted different views on the matter; with an increasing
number being content to proceed without the need for evidence to be produced on the
question of primary use.
The application process
Where a licensing authority receives an application for a premises licence it must initially
determine whether the application has been properly made in accordance with s.17 of the Act
and the Licensing Act 2003 (Premises licence and club premises certificates) Regulations 2005.
An incomplete application or one that has not satisfied the notice requirements is invalid and
will be returned to the Applicant.
There is no requirement in the legislation or regulations that an applicant for a premises
licence must prove the primary use of the premises. An application valid in all other respects
Licensing Sub-Committee
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19 November 2014
cannot it seems be refused simply if no evidence as to primary use is presented.
Where no
representations have been made the licensing authority must grant the licence in the terms
sought (s.18(2)). It cannot defer the application under Hearings Regulation 12 or ask for
further information under regulation 17 as the hearing regulations apply only if there is a
hearing. Where representations have been made the licensing authority must hold a hearing
to consider the representations (s.18(3)). The Act is clear on these matters and there is no
discretion on the part of the authority to do otherwise. The power under s.111 Local
Government Act 1972 would probably not authorise such an enquiry in the absence of
representations as the power is ‘subject to the provisions of … any other enactment passed
before or after this Act’ – it could therefore not override the clear wording of s.18(2).
In any event, it is the case that, as Richards J (as he then was) put it in R(on the application
of the British Beer and Pub Association) v. Canterbury City Council [2005] EWHC 1318
(Admin) (at para 85), ‘The scheme of the legislation is to leave it to applicants to
determine what to include in their applications, subject to the requirements of Section 17
and the Regulations as to the prescribed form and the inclusion of a statement on
specified matters in the operating schedule’.
In Murco, Cranston J expressed the view that the original policy behind the legislation was
to remove the temptation to drink and drive, although this would now be expressed as
engaging the crime and disorder licensing objective (para.14), and that an interested
party, by making a representation raising the issue of alcohol sales from a garage, put the
‘issue of the juxtaposition of petrol sales and alcohol firmly before the licensing
committee’ in relation to the crime and disorder licensing objective (para.27). The Court’s
reasoning then is that primary use becomes an issue for a licensing authority where the
question of alcohol sales from a garage is raised by a representation. This supports the
position that if there are no representations to an application, or no representations
relating to ‘the juxtaposition of petrol sales and alcohol’, primary use does not fall to be
considered at the application stage.
What is the test for primary use?
All applications for a justices’ licence under the 1964 Act went to a hearing before the
licensing justices. Premises which carried on all or any of the four categories of ‘garage use’
Licensing Sub-Committee
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19 November 2014
would generally be required to address the issue of primary use. While many matters were
raised as having a possible bearing on primary use – for example, the physical size of the shop
compared to the forecourt (but balanced by the size of a car compared to a person!) – the test
for primary use quickly came to be based on two matters: initially turnover and then footfall. A
review of the approach to primary use and other relevant matters appeared in the January
2004 issue of Licensing Review ([56] 11). Two Divisional Court cases are instructive.
The first, Green v Justices for the Inner London Area (1994) 19 LR 13, is authority for the
proposition that if figures for financial turnover are used they must be ‘properly analysed’
and considered net of duty and vat (para.5A-C). Also, a higher shop footfall figure was
considered to be ‘a large gain or advantage in the argument put forward by the
applicants in that regard’ (para.4B). Figures for turnover are complicated and technical.
For, as Green had decided, the duty and vat elements must be stripped out of all sales to
produce a meaningful comparison between garage and other sales. Also, vat rates differ
for product groups (some such as newspapers being vat exempt), vat rates are subject to
change and excise duty applies to fuel and tobacco products.
It is questionable too whether the amount a customer spends at the premises increases
their ‘use’ of it. If £4 is spent on a magazine are the premises used more than if £1 is
spent on a newspaper? Is £20 worth of fuel more ‘use’ than £10? In these examples it
seems that the customer has used the premises once to purchase reading material or fuel.
In the second case, R v Liverpool Crown Court, ex parte Kevin John Goodwin (1998) 38 LR
21, Laws J gave a more definitive view holding that: ‘The question must be, what is the
intensity of use by customers at the premises? So that evidence such as that of customer
lists, to take an example, might be highly material’ (emphasis added) (para.4E).
Post Goodwin footfall rather than turnover was generally adopted, both before the
justices and in the Crown Court on appeal, as the test for primary use. For as Paterson’s
put it: ‘This seems to us, with respect, to be both an appropriate and practicable
approach to the interpretation of a measure which, presumably, was intended by
parliament to bear upon the purposes for which the public actually use particular
premises, rather than require the justices to engage in any academic calculation of
Licensing Sub-Committee
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19 November 2014
turnover and taxes, although such figures might provide useful corroborative evidence’
(Paterson’s Licensing Acts 2000, p.xiv).
In the Parliamentary debates on s.176 the phrase 'intensity of use by customers' was used by
the Minister, Baroness Blackstone (Hansard, HL Deb, vol.643, col.457 (20 January 2003)) and
again, ‘If the intensity of use in supermarkets becomes mainly that of selling petrol to
motorists who drive in with their cars to pick up petrol and move on, the same limit and
prohibition will apply to them’ (Hansard, HL Deb, vol.643, col.757 (4 March 2003)). This is
reflected in the Guidance: ‘The approach to establishing primary use so far approved by the
courts has been based on an examination of the intensity of use by customers of the
premises.' (para 5.28).
However, the judgment in Murco has resulted in some authorities seeking to request
figures for turnover. At paragraph 18, Cranston J states that ‘in my view it is a matter for
each licensing authority to decide whether it will decide primary use on the basis of
numbers or evidence of turnover … there is nothing in Laws J’s judgment to suggest that
intensity of use – the phrase used - cannot be calculated by reference to the turnover
figure’. While this might literally be the case it is not consistent with Laws J’s judgment as
a whole – as the question of turnover is dealt with elsewhere in the judgment and the
reference to intensity of use is followed by the words ‘so that evidence of customer lists ,
to take an example, might be highly material’ (paragraph 4E).
As Cranston J states, quite correctly ‘there is no need for me to draw the parameters to
the information the sub-committee could ask about’ but as he rightly continues ‘relevance
and materiality are obviously central considerations’ (paragraph 31). Laws J’s judgment
makes it clear that in deciding on primary use ‘the question must be what is the intensity
of use by customers at the premises’.
‘Maintenance of motor vehicles’
The Act specifies garage use to be the retailing or petrol or derv and the sale or
maintenance of motor vehicles. The last of these has sometimes given rise to debate (see
further 56 Licensing Review 11). The licensing authority in Murco accepted that car wash,
airline and water facilities are not included in ‘maintenance of motor vehicles’ and this is
Licensing Sub-Committee
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19 November 2014
noted at paragraph 31 of the judgment. The decision thus supports the contention that
such facilities are not included in ‘maintenance’ for the purposes of primary use.
Conclusion
The ratio of Murco is that a sub-committee at a hearing can request further information
from an applicant under regulation 17 of the Hearings Regulations (this was not disputed)
and that if an answer is not forthcoming the sub-committee can adjourn the hearing until
it is satisfied with the response that it receives, but that adjournment must be to a
specified date. This will certainly have application in cases involving the primary use of garage
premises, as in the case itself, although it is less clear whether the ratio will be narrowly
confined to such cases. At its widest, it could extend to adjournments for information on any
matter at any sub-committee hearing, under the 2003 Act. The Claimant in Murco chose
not to appeal the decision but, if such a broad interpretation is given in subsequent cases,
the decision may come under future challenge.
The adjournment was held to be valid as the information was ‘considered necessary for
(the sub-committee’s) consideration of any representation made’ (Hearings Regulations
paragraph 12(1)). The Court held that a valid representation had been made in relation to
primary use and that primary use related to promotion of the licensing objectives (public
safety and crime and disorder). It was not argued by the Respondent or found by the
Court that the question of primary use always falls to be considered in an application to
which s.176 may apply.
It seems clear then, that in the absence of representations, or where representations do
not raise the issue (as a hearing needs to focus on the representations raised), primary use
does not fall to be considered in the application process; but where a valid representation
is received which refers to primary use (either expressly or by implication) the committee
may request information relating to the use of the premises.
Other matters raised in the judgment are obiter. First, the test for primary use. As the
judgment states, the matter was listed for a permission hearing but was on the morning
of the hearing, with the agreement of the parties, treated as rolled-up hearing to consider
Licensing Sub-Committee
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19 November 2014
both permission and the substantive issue (paragraph 10). The test for primary use was
not considered by the parties as necessary for the purposes of deciding the issues before
the Court on the Judicial Review application, it was not fully argued and it was not
necessary for the court to make any decision in respect of it. Although as a matter of law,
trading figures can be used to determine the issue of primary use, in the light of the
above, the judgment in Goodwin and the difficulties faced by a consideration of turnover,
the test of intensity of use by way of customer lists or footfall should continue to be the
approach adopted. Secondly, the definition of ‘maintenance of motor vehicles’ is
acknowledged to exclude matters such as air lines and car washes.
On the key question of adjournments for further information, it remains to be seen
whether the ratio is confined subsequently by courts to cases involving the primary use of
garage premises or whether it extends beyond this to other cases and, if so, to what extent.
The author thanks Prof Colin Manchester for his helpful comments on this article.
Roy Light ©
January 2011
roy.light@stjohnschambers.co.uk
St John’s Chambers
Licensing Sub-Committee
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19 November 2014
From:
To:
Subject:
Date:
Attachments:
Sara Clement
Licensing
RE: Shell Fakenham, Creake Road, Fakenham, Norfolk, NR21 9HT
22 October 2014 13:43:06
image007.jpg
image008.jpg
image009.jpg
Dear Nicky,
Thank you for your email. I can confirm that we were advised that the blue legal notices were
displayed at the site from 13 th September 2014. With regard to the locations, we are currently
liaising with the Retailer in order to confirm this information and will advise once we have
received it from him.
Further to the messages left for the Licensing Department on 14 th and 17 th October 2014 with
James, please would you be kind enough to confirm whether the premises licence application
has been granted or if it has received representations please can you confirm who these are
from and provide Lockett & Co with copies in order that we can progress the matter
accordingly.
May I take this opportunity to thank you for your help in this matter, should you have any
queries or require further information, please do not hesitate to contact me.
Kind regards,
Sara
Sara Clement MBII.tp
Licensing Manager
Lockett & Co
Tel: 01562 864488
Fax: 01562 863539
@LockettCo
https://www.facebook.com/onestopshoplicensing
@LockettCo
Lockett & Co is a subsidiary of Corrigan Lockett Ltd, registered in England, number 2728479,
registered address Lockett House, 13 Church Street, Kidderminster, Worcs, DY10 2AH.
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From: Licensing [mailto:licensing@north-norfolk.gov.uk]
Sent: 21 October 2014 16:30
To: Sara Clement
Subject: Shell Fakenham, Creake Road, Fakenham, Norfolk, NR21 9HT
Dear Sara Clement,
I refer to the certificate of public notice submitted with the online application, where you state
that the notices will be exhibited at the site once they are received and the locations of notices
will be advised once this has been undertaken.
I would be grateful if you can confirm when these notices were posted and the locations, as it
appears we have not received this information to date.
Kind Regards
Nicky Davison
Technical Administrator Licensing
licensing@north-norfolk.gov.uk
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