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Yella in King's Road is seeking an alcohol licence (photo: Nick Terdre).

Yella in King’s Road is seeking an alcohol licence (photo: Nick Terdre).

Another booze outlet in central St Leonards?

Following on the controversy last year concerning the granting of an off-licence for the large shop on the corner of London Road and Norman Road, another alcohol application has been made in the area. Bernard McGinley reports on how our very own saturation zone may be about to become even more saturated.

The previous application was made for a new off-licence in the former Barraclough & Stiles opticians shop in central St Leonards. Many people objected, including both ward councillors, the town’s MP, Sussex Police (who gave extensive evidence) and even Hastings Borough Council (HBC) licensing officers. At the HBC licensing sub-committee meeting of 3 November, the members heard the representations, then left the room with the chief legal officer, and on return declared for acceptance, by two votes to one.

Public anger was intense — but it was too late. Even subsequent breaches of the off-licence conditions made no difference.

Yella's application, as posted on the store front (photo: Bernard McGinley).

Yella’s application, as posted on the store front (photo: Bernard McGinley).

Now there is an alcohol off-licence application from the Yella Shop in King’s Road, a ‘small convenience store’ according to the application. However there are already several offies close by in the neighbourhood, including in Norman Road, Western Road, London Road, elsewhere in King’s Road and on the sea front.

The issue is set to become a theme in the local election campaign. “Central St Leonards is already beyond saturation point with existing off-licensed premises,” Clive Gross, who is standing an an independent in the ward, told HOT. “Apart from granting no further off-licences in the area, I want all existing licences to be automatically reviewed every year and immediately revoked from premises that continue to sell low-price, high-strength alcohol and exploit vulnerable people, many of whom already have serious dependency and addiction problems.”

The area has antisocial behaviour problems often involving drink and/or drugs, such as noise nuisance, threats, panhandling, piss and puke. That is why the police put a hub in Silchester Road, the better to deal with the street community and local residents and visitors.

The serious problems of ‘cumulative impact issues’ can open the way for an area to be designated as a saturation zone (geddit?) — which is what has happened in Central St Leonards. (There are several others in the borough, such as George Street in the Old Town.) New licensed premises are severely restricted in such zones unless tight criteria are met. Details of regulation can be found in the Home Secretary’s Revised Guidance issued under section 182 of the Licensing Act 2003:

“13.30… applications for the grant or variation of premises licences… which are likely to add to the existing cumulative impact will normally be refused… unless the applicant can demonstrate… that there will be no negative cumulative impact. . .”

A previous application from the same Kings Road shop was made in 2014 and rejected unanimously by the licensing sub-committee in September that year. The minutes recorded:

“Mr Savill, Barrister, for Sussex Police, made his submission on the grounds that the variation of the premises licence will not promote the licensing objectives, specifically the prevention of crime and disorder and the prevention of public nuisance. He commented that the applicant had failed to demonstrate in his operating schedule that there would not be any negative cumulative impact as the premises falls within the St Leonards town centre saturation zone. Furthermore, the Police report the area is beset with problems and that another alcohol outlet cannot but contribute to the problem.”

Now, despite an extra off-licence having been added to the area since then, there is yet another application, to sell alcohol from 8am until 11pm.

There are four statutory objectives to the Licensing Act 2003, which must be addressed regarding licensing, and which therefore give possible general grounds for objection:

  • the prevention of public nuisance
  • the prevention of crime and disorder
  • public safety
  • the protection of children from harm.

Complaints that do not address these policy areas are unlikely to be accepted.

The email address is licensing@hastings.gov.uk, or write to: HBC Licensing Department, Aquila House, Breeds Place, Hastings, TN34 3UY.

In the event of council approval of the application, an appeal process is possible for objectors but it is not often mentioned that the cost of such an appeal is £410, and possibly much more.

Because so much of the four-week ‘consultation period’ has been devoid of publicity for this application, HBC have been asked to extend the deadline to mid-May, but at the time of writing they have not done so. Anyone who thinks that Central St Leonards does not need another off-licence selling low-cost, high-strength booze has until Monday 2 May to object.

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Posted 13:04 Monday, Apr 18, 2016 In: Home Ground

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