Cllr Taylor was appointed chair.

There were no apologies for absence.

There were no declarations of pecuniary interest.

The chair introduced those present and gave information on the procedure.

All paperwork had been received by all parties

Guy Bishop stated that a request for adjournment had been received. The panel decided to proceed with the hearing.

Guy Bishop explained that section 176 advice had been given in the pre-meeting, but proceeded to explain that an assessment of primary use was required in this application as this premises had or may be operating as a garage. The Licensing Sub-Committee invited Mr Mitchener to explain this during his presentation.

Chris Mitchener introduced the application, describing the sales pattern, stating fuel was not primary use, that the site was on a semi-arterial road, how some residents concerns had been addressed by additional outside bins, adjusting light pollution from the ATM, and that he was happy to agree the police conditions, but requested that the ABV limit was raised to 6%.

Licensing hours were discussed, including the reduction to 11pm from midnight in the application for sale of alcohol and use of the night hatch at all other times up to 6am.

Mr Braho suggested that crime and disorder issues would increase with 24 hour trading and that alcohol sales on the forecourt would lead to drink driving.  Mr Mitchener stated there was no evidence to support this.

Ms Demirci stated that youths loitering caused problems for residents, given the proximity.

Mr Mitchener stated that there were no issues with the site, that signage was in place to ask patrons to leave quietly, and that Motor Fuels Ltd were clear about their responsibilities.

Discussion ensued on staff training, where Mr Mitchener described the training processes.  In response to questions from the panel, Mr Mitchener confirmed that there were times when only one member of staff was on duty, and that anyone causing problems would be advised they would not be served in the future.

Cllr Byers questioned the figures given by the applicant on page 42 of the pack.  Mr Mitchener explained these were generic figures, as Motor Fuel Ltd had only taken ownership of the premises in July 2015.  The figures were from approximately 400 sites owned by the company throughout the UK and did not include this premises, and were anticipated figures, taking into account the forthcoming refurbishment of the convenience store.

Mr Mitchener referred to the Murco case to support the configuration of the figures given in the table on page 42. 

Mr Mitchener accepted that any condition relating to the sale of hot food would be accepted, suggesting that the premises would only provide hot drink and not hot food after 11pm.

Maps supplied by Mr Mitchener were circulated, showing an aerial view of the premises.  Mr Mitchener explained that the two pumps on site were shut off at night to prevent ‘drive offs’. 

In response to questions from residents, Mr Mitchener explained the CCTV recording system and incident book.

Sgt Sparham, in response to panel questions, stated that 2 of the assaults listed were related to  ...  view the full minutes text for item 4.

Licensing Act 2003

Notice of Determination

Date of issue of this notice: 30^th September 2015

Subject: Motor Fuel Ltd, Convenience Store, 7 Rowan Road, Streatham, SW16 5JF

Having considered relevant applications, notices and representations together with any other relevant information submitted to any Hearing held on this matter the Licensing Authority has made the determination set out in Annex A.  Reasons for the determination are also set out in Annex A.

Parties to hearings have the right to appeal against decisions of the Licensing Authority.  These rights are set out in Schedule 5 of the Licensing Act 2003 and Chapter 12 of the Amended Guidance issued by the Home Secretary (April 2012).  Chapter 12 of the guidance is attached as Annex B to this notice.

For enquiries about this matter please contact

Democratic Services
Civic Centre
London Road
Morden
Surrey
SM4 5DX

Telephone: 020 8545 3616

Email: democratic.services@merton.gov.uk

Useful documents:

Licensing Act 2003
http://www.hmso.gov.uk/acts/acts2003/20030017.htm

Guidance issued by the Home Secretary
http://www.homeoffice.gov.uk/

Regulations issued by the Secretary of State for Culture, Media and Sport
http://www.culture.gov.uk/alcohol_and_entertainment/lic_act_reg.htm

Merton’s Statement of Licensing policy
http://www.merton.gov.uk/licensing/

Annex A

Determination

Reasons

Annex B

Extract from the Amended Guidance issued by the Home Secretary under Section 182 of the Licensing Act 2003 (April 2012).

12.Appeals

12.1 This chapter provides advice about entitlements to appeal in connection with various decisions made by a licensing authority under the provisions of the 2003 Act. Entitlements to appeal for parties aggrieved by decisions of the licensing authority are set out in Schedule 5 to the 2003 Act.

GENERAL

12.2 With the exception of appeals in relation to closure orders, an appeal may be made to any magistrates’ court in  ...  view the full minutes text for item 5.