Agenda and minutes

Consideration was given to an application (made in accordance with Section 17 of the Licensing Act 2003) for the grant of a Premises Licence in respect of premises  known as Today’s situated at Unit 4, Ox Close Avenue, Kimberworth Park, Rotherham S61  3QY.

The applicant, AKMS Retail Ltd., was seeking authorisation to allow:-

-         24 hour sale of alcohol for consumption off the premises on every day of the week and between 00:00 hours (midnight) and 23:59 hours – 24 hours opening and

-         Provision of late night refreshment for consumption off the premises on every day of the week between 23:00 hours and 05:00 hours on the following day.  No licence was required outside of these hours

The premises were described in the application as a general convenience store selling an extensive range of goods and that the proposed 24 hours operation was to provide the greatest flexibility for the business.

The applicant had offered 33 management control conditions in the application.

Consultation on the application had been carried out in accordance with all statutory requirements and the Council procedure.  At the end of the consultation period, all of which were opposed to the grant of the application, representations had been received from 2 Responsible Authorities and 31 “Other Persons”.

The applicant, Mr. Arumugam Kalamohan (Company Director/Premises Licence Holder) was in attendance together with Mr. Silva (Designated Premises Supervisor), Ms. A. Forrest (Solicitor) and Ms. C. Bucket (Symbol Development Manager). 

2 of the Responsible Authorities, South Yorkshire Police and the Licensing Authority,  had made representations to the application.  The Sub-Committee heard representations from Mrs. D. Kraus (Principal Licensing Officer) together with Alan Pogorzelec (representing the Licensing Authority), Emily Price (Solicitor) and Jo Belton (South Yorkshire Police Licensing Officer).

The objections of South Yorkshire Police were based on all 4 licensing objectives i.e.:-

·            Prevention of crime and disorder.

·            Public safety.

·            Prevention of public nuisance

·            Protection of children from harm.

South Yorkshire Police had contacted the applicant representative requesting the following changes to operating hours and additional conditions:-

-           Changes to the operating hours Sunday to Thursday to 06:00 hours-23:00 hours and Friday and Saturday 06:00 hours-midnight

-           No singular alcoholic drinks including beer, lager and cider in cans will be sold; a minimum purchase of 4 will be required

-           No beers, lager or cider of 6.5% ABV and above to be sold at this premise

Following discussions with the applicant’s representative, they agreed to reduce the hours to 06:00 hours-23:00 hours Sunday-Thursday and 06:00 hours-midnight Friday and Saturday.  Agreement had not been reached regarding the additional conditions.

The objections of the Licensing Authority were based on 2 of the licensing objectives i.e.:-

·            Prevention of crime and disorder

·            Public nuisance

Consideration of the withdrawal of the representation would be given if the application was amended so as to:-

-           Seek the consent for the sale of alcohol between 08:00 hours and 23:00 hours

-           Withdraw the request to provide late night refreshment

-           Offer additional management controls as a condition  ...  view the full minutes text for item 29.