Agenda item

The meeting was a hearing under the Licensing Act 2003.

The Chair introduced the members of the Sub Committee and the officers present.

The Sub Committee’s legal advisor, Giles Salter, outlined the procedure for the meeting.

The Sub Committee considered the application for the variation of an existing premises licence PLWA0275 at Kilmington Cross Service Station, A35 Gammons Hill, Kilmington, Axminster EX13 7RB.

The applicant, present and entitled to make representations, was Paul Jones, Regional Manager, of Motor Fuel Limited, and Robert Botkai, Winckworth Sherwood, legal representative for Motor Fuel Limited.

Also present, and entitled to make representations, was Cllr Peter Ball, Chair of Kilmington Parish Council.

The Licensing Officer, Lesley Barber, advised that there were no updates to the report as published.  The application covered three main areas: extension to the existing hours; provision of late night refreshment; amend the current conditions of the licence which had been in place since 2005.

Seven representations had been received which were shown at Appendix D, including the agreed position with the Police.  The Police sought to tighten various conditions including the robust policy of challenging underage sales of alcohol. 

The Licensing Officer also advised that the applicant had offered an undertaking to Kilmington Parish Council to reduce trading hours for the first six months, from between 05:00 to 24:00, rather than the full 24 hours, should the variation to the licence be granted.

The Sub Committee noted that only the permitted hours, as shown on the licence, would be enforceable and any other agreement would be between the applicant and Kilmington Parish Council.

In response to a question from a member, the Licensing Officer advised that it was best practice to keep an incident book.

Mr Botkai noted that the applicant’s offer of the voluntary measure could be placed on record in order to provide comfort to the Parish Council.

In response to a question from the interested party, the Licensing Officer advised that every licensed premises is required to have a Designated Premises Supervisor (DPS) who can delegate in their absence.  The applicant confirmed that the DPS is always the Manager of the Motor Fuel Ltd service station, who would also ensure that all staff are suitably trained.

The applicant’s legal representative, Mr Botkai, made the case for the application and highlighted the following points:

·         The current conditions date back to 2005 and needed updating.

·         The Police were in support of the application, based on agreed additional conditions.

·         There was no intention for the Greggs outlet on the site to operate at night.

·         The current licence permitted the sale of alcohol until 22:00.

·         Motorfuel Group Limited is a very experienced operator with multiple 24 hour premises.

·         Local residents’ concerns and objections were understood, however, it was not the operator’s experience that customers would come from far and wide, and at all hours, to buy alcohol.  The operator is not anticipating a large increase in trade should the licence be granted.

·         Should issues such as anti-social behaviour occur, the operator would suspend sales and conduct a review.

·         After 23:00 a night pay window is in operation.

·         All cashiers are trained with regard to Challenge 25 and in recording refusals of sales of alcohol and tobacco.

·         The application is within all relevant regulations and legislation.

In response to questions from members, the applicant made the following points:

·         The application to extend the opening hours was for operational reasons as it was more difficult to manage the whole premises with cut off times for sales.

·         A single member of staff would be present during the night, as is usual for petrol stations.  Support for staff is available 24 hours a day from the Manager and local Contract Manager, with an escalation chain always in place should any issues arise.

The interested party, Cllr Peter Ball, Chair of Kilmington Parish Council, made his case and highlighted the following points:

·         The service station, with a small café attached, had previously been quiet and had recently been purchased by Motor Fuel Limited, an operator with a large number of outlets which generated 30% of its profits from non-fuel sales.

·         Although the operator aimed for consistency across its sites, individual applications should be considered on their own merits.  The Parish Council requested that the Sub Committee consider the fact that the parish lies within an Area of Outstanding Natural Beauty and is a small, quiet village.

·         The Parish Council had been advised by a national highways officer that the Greggs outlet made the service station a “go-to” venue.  Should the variation to the licence be granted, the Parish Council was concerned that a 24 hour off licence would increase the number of people driving to the venue for reasons other than to purchase fuel.

·         It was noted that the Police are not close by and that the operator has a duty to demonstrate that measures are in place to ensure that there is no harm to the amenity of local residents, who have a right to the peaceful enjoyment of their homes.

·         One member of staff, alone at night, would not be sufficient to deal with any issues on the forecourt.

·         The Parish Council requested that the closing time be restricted to 10pm.

In response to questions from members, Cllr Ball clarified that there were no serious issues at the present time, but that problems of a significant nature were more likely to arise after 10pm.

The legal advisor, Giles Salter, advised that the Licensing Act is a permissive Act but that there are provisions for review if issues do arise in the future.  The Sub Committee could not make decisions based on supposition.

Cllr Ball advised that the fact that Greggs is now considered a “go-to” outlet resulted in an increase in traffic.  Although Greggs currently closes at 6pm, it may be decided to open for longer, adding to the traffic coming to Kilmington as a destination.

The Parish Council thanked the applicant for their offer of a trial period of reduced hours, but would prefer no increase in operating hours.

In his closing statement for the applicant, Mr Botkai noted that customers stop at petrol stations for a variety of reasons, and in this case, the site also offered a Londis shop which sells a wide variety of goods.  In the current economic climate, service stations only survive if they have a good offer in addition to fuel.  The night staff are able to lock the premises for their own safety and it was a misconception that having more than one member of staff would lead to any reduction of incidents as staff were trained to seek help, rather than confront the public.  There was no evidence of any public nuisance or crime and disorder and the operator was of the view that the proposed extension to the opening hours would not make any difference.  The Parish Council was encouraged to contact Motor Fuel Limited should there be any issues.  The applicant re-iterated the offer of reduced opening hours during the first six months should the variation to the licence be granted.

The Chair thanked everyone for attending and advised that the decision would be notified in writing within five working days.

This item finished at 10:37am and the meeting was then adjourned until 11:00am.

The applicant, Mr Jones and Mr Botkai, the interested party, Cllr Peter Ball, and the Licensing Officer left the meeting.