Agenda item

Report of the Head of Legal and Democratic Services enclosed

The Sub-Committee met to consider the application by the Friary, 34 King Street, Whalley, BB7 9SL for a Premises Licence.

The Sub-Committee considered the contents of the report of the Head of Legal and Democratic Services and its appendices. The Council’s Solicitor introduced the premises licence application and outlined the options available to Members.  It was highlighted that due under Cumulative Impact Assessment (CIA) for Whalley, the onus was on the Applicant to show that the licensing objectives were not going to be undermined.

The Applicant, Mr Daniel Stevenson, made verbal representations to the Sub-Committee.  He explained that during the covid pandemic, the Friary had adapted by offering home deliveries.  This had proved very popular and they were now looking to enhance the home delivery option by including the sale of alcohol.  He advised that the Friary do employ their own delivery drivers and do not rely on taxis.  They were predominantly looking to sell Asian beers that are not generally available in the local area which would pair well with their Chinese food.

The Applicant advised the Sub-Committee that he had consulted with local residents and the police as to his proposals.  He had taken on board the concerns of a neighbour in relation to selling alcohol on the premises and had agreed that this wouldn’t be done, nor would alcohol be displayed in the shop.  It was submitted that the intention was for the sale of alcohol to be purely for home deliveries and to enhance this side of the business. 

The Applicant outlined that the Friary delivered within a 5 mile radius and confirmed that 70% of their deliveries were to areas outside of Whalley.  He further outlined details of how orders were received, the platform they used (Just Eat and Food Hub) and arrangements for deliveries.

The police had advised of situations where caution should be exercised e.g. if an order was made to a place which wasn’t a fixed address or if an order came through with a small amount of food and a comparatively large amount of alcohol.  The applicant advised that they had the ability to reject such orders and confirmed that deliveries would only be made to a customer’s home address or to a holiday let.  He also submitted that his drivers would undergo a short training course through Trading Standards.

The Applicant then explained the reasons behind the request for the Licence until 10pm.  He advised that an order may be taken prior to the shop closing at 9pm, but delivery could often take between 30 to 40minutes, which would take them to after 9pm.  He had not wanted to fall foul of the Licence and hadn’t appreciated that the sale would be classed as taking place at the point of appropriation of the alcohol to fulfil the order.  He therefore submitted that he would be content for the Licence to be amended to provide for the sale of alcohol until 9pm.

It was also submitted that there are four other businesses within Clitheroe who offer similar services, where they can deliver food and alcohol to residents in Whalley.

The Applicant responded to several questions raised by the Sub-Committee and a resident who had made representations.  He provided further details as to the delivery drivers, information as to how order records would be kept, how any issues/concerns would be flagged, and the steps that drivers would operate a Challenge 25 procedure upon delivery.  He advised that drivers would take steps to record the proof of identification that was provided and this would need to match with the name on the order.  The Applicant provided reassurances that the Friary were not looking to sell spirits and confirmed that were willing to adhere to numerous conditions, including:

·       Only delivering alcohol with a food order

·       Joining Pub Watch

·       Only serving alcohol in sealed containers

·       Not serving alcohol to customers who appear to be inebriated

The residentraised a concern that if the Licence was granted, it would morph into another kind of Licence in due course.  She was advised that any future variations would need a further application and would be considered on its own merits.

The Licensing Sub-Committee gave careful consideration to the representations made by all parties, both verbal and written and considered the requirements of the Licensing Act 2003, the Statutory Guidance, the licensing objectives, the relevant regulations, the Council's licensing policy, and the CIA. 

Having considered all of the above the Sub-Committee resolved to grant the Applicant’s application for a premises licence as applied for (and clarified at the hearing), subject to additional appropriate conditions as considered at the hearing and in correspondence with the police and subject to an earlier terminal time for the sale of alcohol. 

Having taken all matters into account, the Sub-Committee were satisfied in the particular circumstances that the Applicant had discharged the burden in the Statement of Licensing Policy and had demonstrated how the application would not undermine the licensing objectives.

The Sub-committee also determined that the conditions proposed by the Applicant and as agreed with the police and those agreed at the hearing should be incorporated into the licencesubject to incorporation of appropriate conditions.

The Sub-committee reached this decision because it considered that the licence, as applied for, and with the conditions imposed would not breach the licensing objectives of the Licensing Act 2003.