Councillor Linda Taylor was appointed to the Chair

There were no declarations of interest.

Cllr Taylor re-opened the hearing, made introductions and introduced the procedure.

The accuracy of papers was agreed.

Mr Redmond gave his objections which were based on the proximity of his house to the premises in question.  Mr Redmond explained that when the site previously opened 24 hours a day there were constant problems with drinking, motor bikes, prostitutes, and cars being driven badly.  Mr Redmond questioned the concept of selling alcohol at petrol stations, as it would increase the incidents of drink driving.

Mr Mitchener had no questions or response for Mr Redmond.

Mr Mitchener gave the panel information relating to the premises, in that there can already be trading 24 hours per day, but that was not under question being a planning matter.  The issues for consideration were the premises licence for alcohol and the late night refreshment.

Mr Mitchener illustrated the situation regarding late night refreshment by comparing cold coffee sales at the premises with hot sales at Starbucks.

Mr Mitchener stated that the issue with street drinking could not be linked to the premises as alcohol was not yet sold there.

There were no councillor questions.

Mr Redmond expressed concern that the problems related to street drinking would increase if the licence was granted, and there would be an increase in other problems such as litter.

With regard to primary usage, Mr Mitchener confirmed he had provided the figures exactly as requested by the Licensing Sub-Committee at the previous hearing.  Some figures were not available, such as the sterling value for mixed fuel and food sales.  Mr Mitchener had the information with him to back up the figures given.

Mr Mitchener gave the committee some historical information about case law, describing the Green case, the Goodwin case and the Murco case.

Guy Bishop clarified that it was up to the local authority to decide how to make the assessment of primary use, either by footfall or income revenue and this was Mr Mitcherner’s view.

Mr Mitchener explained that the shop would be fully refitted and rebranded, and would eventually be a retail premises on a petrol forecourt, as with the Costcutter/BP site in Morden.  Mr Mitchener said that the premises cannot sell alcohol yet, but only in the future when the store has been refitted, and re-iterated that the store can already trade across 24 hours.

Mr Redmond commented that they had not given consideration to residents, and that there were already 10 convenience stores in the area.

Cllr Jones asked for clarification of the data on page 9, which did not support the application as it stands, but in the future.

Mr Mitchener stated the figures were a projection.

It was suggested that the application had been submitted too early, but

Mr Mitchener disagreed and compared it to a restaurant applying for a future licence.

Mr Mitchener went on to explain that the takings were already up by £420 per week, and that the refit would have a huge impact on this.  He stated that  ...  view the full minutes text for item 3.