(Ash and New Ash Green)

The Hearing gave consideration to a report by the Head of Environmental and Operational Services giving details of an application from Martin McColl Ltd for a new Premises Licence under the Licensing Act 2003 for Martins, 19-21 The Row, New Ash Green, Kent.  DA3 8JB. It was noted that objections had been received and that accordingly the application had been referred to the Sub-Committee for determination.

The Hearing heard from the applicant’s solicitorwho explained that throughout the country there were more than 800 Martin stores with premises licenses. He explained that Martin McColl Ltd understood the concerns that had been expressed and procedures were in place to address these. A meeting had taken place between the Police and the Store Manager on the prevention of crime and recommendations made by the Police had been adopted. There would be CCTV in key locations which included oversight of areas where alcohol is kept on display. Recordings would be retained in store and at Head Office. A Challenge 25 policy on age restricted products would operate. The CCTV and the till were linked so that the timing of transactions linked to the timing of images. The videos would be kept for 31 days. The till would keep a record of all the successful and unsuccessful sales of age restricted products. If someone was denied a purchase for not having the correct identification this would be recorded indefinitely. 

Other procedures would also be in place such as test purchases. These test purchases would be undertaken by an external company. Training would also be given to all staff on the sales of age restricted products and this would be updated every three months.  It was also considered to be a serious disciplinary offence for employees to sell alcohol to those under the age of 18 years.

In response to questions from the Sub-Committee the applicant’s solicitor replied that a paper refusal register would not be kept as records were stored electronically on the till at the point of sale. If any sale was rejected then the product, date and time would be recorded. CCTV would also record this. The Area Manager would visit every six weeks and would inspect the electronic record held. Evidence of these inspections would also be recorded on the system.

The applicant’s solicitor confirmed that the Premises Licence would be from 6am to 11pm. The store currently closed at 8.pm, however if in the future the store wished to extend its opening hours the Premises Licence would then be in place.

The Hearing heard from Mrs Boniface, one of the objectors, who stated that she objected to another premises selling alcohol which would affect the village life as there was already a Co-op and a pub which sold alcohol. She objected to the selling of age restricted products to those who were underage, especially cigarettes. Another premises selling alcohol would increase the under age drinking problem which already affected the village and could lead to an increase in littering.

The Chairman questioned when the selling of cigarettes to those under age had occurred and she confirmed that it had been more than 10 years ago.

In summary, the Applicants informed the Sub-Committee that they felt there was no evidence for refusal. The store would be well equipped with CCTV and there would be procedures in place to ensure that alcohol was not sold to anyone under age. The issue of the sale of tobacco he urged should not taken into consideration as this had occurred more than 10 years before the current Manager was in place and was therefore historical.  The Police had not made any objections to the application and the Store Manager had met with them to discuss additional issues.

At 2:30 p.m. the Hearing Members and withdrew to consider the issues raised and the Council’s Legal Advisor accompanied them for the purpose of providing legal advice only.

At 2:37 p.m. the Hearing Members and the Council’s Legal Advisor returned to the Council Chamber.  

The Chairman informed the Hearing that the Sub-Committee had had regard to the representations made by the Applicant and interested parties, to the guidance issued under s.182 of the Licensing Act 2003 and the Council’s statement of Licensing policy. The Sub- Committee felt that the steps that had been described met the set criteria and therefore there was no valid reason the premises license should not be granted on the terms for which it had been applied.

It was therefore unanimously,

Resolved: That a Premises Licence in respect of Martin McColl, Martins, 19-21 The Row, New Ash Green, Kent.  DA3 8JB. subject to the conditions contained in license attached as an appendix to these minutes be granted.