Agenda item

Report of the Head of Legal, HR and Democratic Services, detailing an application for a premises licence in respect of Shell UK Oil Products Limited, Bassett Avenue, Southampton, SO16 7LQ, attached.

The Sub-Committee considered an application for a premises licence in respect of Shell UK Oil Products Limited, Bassett Avenue, Southampton, SO16 7LQ.  (Copy of report circulated with the agenda and appended to the signed minutes).

Mr Lockett, Applicant, Mr Phillips, Counsel for Applicant, PC Smith and PC Norris, Hampshire Constabulary and Mr and Mrs Nicholson, residents, were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED that the application be adjourned to 17^th October 2013 (Details set out below).

After private deliberation the Sub-Committee reconvened and the Chair read the following decision with reasons:

The Sub-Committee has considered very carefully the application for a premises licence at Shell Bassett Avenue. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  Human rights legislation has been borne in mind.

It has considered very carefully all the evidence submitted by all parties, both written and given orally today, including the additional information supplied by the applicant.

The Sub-Committee listened carefully to the representations of residents and heard evidence presented by the applicant, including an explanation of figures produced.  In addition the Sub-Committee heard evidence from the Police primarily in relation to the primary use of the premises as a garage. 

At the previous hearing a substituted decision, agreed by all the parties, required the applicant to supply both figures relating to transactions by way of number with regards fuel purchases only, fuel and convenience purchases and convenience purchases only as well as comparison of turnover excluding VAT.  That evidence was specifically requested to allow the Sub-Committee to make a proper determination as to whether the primary use is that of a garage.

On the previous occasion evidence was heard to the effect that it was impossible with the then systems in place to produce figures relating to the number of transactions (albeit that evidence was given in relation to a linked application the same is assumed to apply).  The Sub-Committee has again heard that it is impossible for those figures to be produced due to the high volume of transactions taking place in one day (in excess of 1000 per day).  The Sub-Committee have considered very carefully this particular point and especially whether it would be unreasonable or excessive to expect the applicant to undertake such a monitoring exercise of sales (if it is the case that such analysis is not possible utilising existing systems).  The Sub-Committee was not satisfied that it is either unreasonable or disproportionate to insist on an indication of the intensity of use in this way.  However, in light of the fact that it has been expressed that this may incur considerable cost the Sub-Committee has determined that it would wish to see a shorter period of figures i.e. a minimum of two weeks trading.

As a result the Sub-Committee reiterates its request for further evidence in accordance Regulation 17 of the Licensing Act 2003 (Hearings) Regulations 2005.  The Sub-Committee are disappointed to note that the applicants have failed, despite the lengthy adjournment, to attempt to provide the figures requested. 

The Sub-Committee accordingly adjourns the hearing to 17^th October 2013 in order for the applicant to undertake the analysis requested and implement whatever systems may be required to do so.

In the event that the applicant can produce, prepare and present the requested evidence before the adjournment date, the licensing authority shall convene an earlier hearing, convenient to all parties.

In any event the applicant is requested to produce the figures compiled at least one week prior to any hearing.