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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter, GRANTED the application. The Committee considered that there was no evidence presented to suggest that the application would undermine the licensing objectives.
No declarations of interest.
Decision as recorded
RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter, GRANTED the application. The Committee considered that there was no evidence presented to suggest that the application would undermine the licensing objectives.
Present: Applicant: Santhosh Reddy Ashireddy (ASR Fuel Groups Ltd) Ian Rushton (Agent) Other Persons: Cllr Graham Hinchey Cllr Mike Ash-Edwards Emma Gammon (Heath Residents Association) Pamela Davies Richard Davies Simon Groves Lisa Dowling The Application An application for the grant of a Premises Licence had been received from ASR Fuel Groups Ltd in respect of ASR Fuel Groups Ltd, 115 Caerphilly Road, Cardiff. The applicant applied for the following: (1) In respect of the following licensable activities: (i) The sale by retail of alcohol for consumption off the premises. (ii) The provision of late night refreshment (indoors). (2) Description of Premises (as stated by applicant): “This is a new business venture as a new general convenience store which will sell a wide range of goods including newspapers, magazines, groceries, soft drinks, cigarettes, dairy goods, snacks, household goods, confectionery, etc. The applicant, an experienced retailer and a personal licence holder would like to include some alcohol sales to allow the shop to develop and provide a complete all-round convenience service. The focus of the shop will be as a general convenience store with the proposed alcohol sales just being a part of the overall business”. (3) Unless otherwise indicated the premises may be open to the public during the following hours and for any hours consequential to the non-standard timings: Monday to Sunday: 06:00 to 02:00 hours (4) To provide licensable activities during the following hours: (i) The sale of alcohol for consumption off the premises: Monday to Sunday: 06:00 to 02:00 hours (ii) The provision of late night refreshment (indoors): Monday to Sunday: 06:00 to 02:00 hours Applicant Representations Following a brief introduction from Mr Ashireddy, Ian Rushton presented the application. Members were advised that the premises was a new venture for the applicant. Referring to the floor plan submitted with the application, Mr Rushton indicated that spirits would be stored behind the counter and beers would be to the right-hand side and well supervised. Mr Rushton stated that there would be three or four members of staff employed at the premises covering the opening hours. Mr Ashireddy was very experienced in the retail trade and was fully aware of the importance of having trained staff in place in order to uphold the licensing objectives. He had had six other convenience stores which were well established and all of them were licenced for the sale of alcohol, with no breaches or problems at any of those stores. He had held a personal licence for ten years and Mr Rashad Ahmed (DPS) had six years’ experience. Mr Rushton advised that following consultation with South Wales Police, a number of conditions had been agreed and accepted by the applicant. Most of the conditions were submitted with the original application but the wording was amended slightly to bring them into accord with police standard conditions. Mr Rushton provided a summary of the agreed conditions, which included requiring the premises to close at midnight daily. It was considered that the conditions agreed were comprehensive and Members were asked to note that as a result there was no opposition to the application from any responsible authority. Members were further asked to note that South Wales Police were the primary authority on matters of crime, disorder and anti-social behaviour. Mr Rushton indicated that the applicant had sought to engage with local residents and had emailed them the revised conditions in order to allay their concerns. The applicant was understanding of their concerns and wanted to reassure them that the business would be well managed. Referring to the written representations received, Mr Rushton considered that there was a general fear of anti-social behaviour and people congregating at the premises late in the evening. However, there were mitigations in place to address those concerns. It was also considered that a number of the written representations were speculative and there was no evidence of crime and anti-social behaviour presented. Mr Rushton also addressed the concerns around trade waste and litter. A number of other issues raised such as parking and traffic were not relevant considerations for the Sub Committee to determine. Responding to questions from the Sub Committee, Mr Rushton stated that the main concerns regarding the hours of operation were recognised and the hours of operation were reduced following consultation with South Wales Police. There would be no sales of strong beers above 7.5% and the sale of single cans was also prohibited. Mr Rushton also stated that in terms of late night refreshment, there were no plans currently to provide late night refreshments, but the application was seeking to ‘future proof’ the licence to permit the sale of tea, coffee and hot snacks moving forward. Other Persons Representations Councillor Graham Hinchey addressed the Sub Committee as ward councillor for Heath. Cllr Hinchey stated that he had recently met with the local policing team who still had objections to the application. The Legal Officer clarified that the South Wales Police representations had been withdrawn as a result of an agreement being reached with the applicant on a number of conditions. Cllr Hinchey stated that no shops were open in the local area beyond 10.00pm. Concerns were expressed regarding disturbance being caused residents living near and/or above the premises. Concerns were also expressed regarding the personal safety or staff working at the premises late in the evening. It was considered that having later opening hours would encourage people to travel into the area and so more noise and anti-social behaviour were likely to occur. Cllr Hinchey stated that there was no need to extend the opening hours for the local community. The Councillor was reminded that need was not a relevant consideration for the Sub Committee when determining the application. Councillor Mike Ash-Edwards also addressed the Sub Committee as a ward councillor for Heath. Cllr Ash-Edwards stated that, whilst he welcomed new businesses, the concerns of residents at the extended opening hours were valid and there was a potential for disturbance. A number of local residents also addressed the Sub Committee. Questions regarding staffing levels and litter were raised and addressed by the applicant’s representative, Mr Rushton. Summing Up Cllr Hinchey requested that the Sub Committee be mindful of the comments and representations made by local residents. Members were asked to consider curtailing the hours permitted for the sale of alcohol to 11pm. Mr Rushton stated that the application was a good application with a comprehensive set of conditions that had been accepted by the responsible authorities. While the concerns of local residents were understandable, he asked that Members give considerable weight to the fact that South Wales Police were satisfied with the application. The application would promote the licensing objectives, and no evidence was presented to suggest otherwise. Decision RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter, GRANTED the application. The Committee considered that there was no evidence presented to suggest that the application would undermine the licensing objectives.
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