URL: https://democracy.southend.gov.uk/ieDecisionDetails.aspx?ID=1544

Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The sub-committee received a report of the Executive Director (Environment & Place) concerning an application by Hadi Yousefi for a Premises Licence at Black & Red Turkish Supermarket, 153 High Street, Southend-on-Sea, SS1 1LL.   The application sought to allow the supply of alcohol for consumption off the premises from 09:00 to 23:00 hrs daily and the opening hours of the premises from 07:00 to 23:00 hrs daily.   The application was presented by the applicant who gave evidence in support of the application.    The sub-committee noted that no representations had been received from any of the Responsible Authorities, although conditions had been agreed between the applicant, Essex Police and the Environmental Protection Team should the application be granted.   One (1) representation had, however, been received from a local resident. A copy of their written representations was provided to the sub-committee in advance of the hearing. The objector also attended the hearing and gave evidence.   Their objection related to the four licensing objectives namely: the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.    The objector contested that the measures proposed by the applicant to promote the licensing objectives as outlined in the risk assessment were not preventive and that granting the application would worsen existing issues of crime, disorder and antisocial behaviour linked to street?drinking citing incidents such as assault, indecent exposure, sexual activity in public, prostitution, urination and defecation, drug use and dealing, littering, begging, and loitering. These incidents were based on evidence between 2018-2025 which included observations and reporting of crime and disorder activity within the area whilst noting that most crimes reported within the postcode were not prosecuted. There were already a number of premises in the vicinity already selling alcohol, three of which were licensed to sell alcohol 24 hours a day. They contested that the measures proposed by the applicant in the risk assessment to address the issues of concern had been copied and pasted from the measures proposed by the Police.   The objector also contested that they believed the granting of this licence would further compromise public safety and add to noise and disturbance already affecting residents and visitors in the Milton Ward area. The objector also raised concerns about the potential impact on children who may be exposed to harmful behaviour and have their safe participation in local events affected. Refusal of the application would therefore help prevent crime in the first instance and would promote child safety as well as the safe attendance at local events on the High Street. They further contested that the premises was located within a Public Space Protection Order (PSPO) area, which would be considered an unsuitable location for off-licence alcohol sales, and a non-drinking zone.   The sub-committee carefully considered all the evidence submitted in writing and orally at the meeting. It listened to all the evidence and submissions and read all the documents.  It had regard to the Statutory Guidance Notes and Southend-on-Sea City Council’s Statement of Licensing Policy. It considered the four licensing objectives namely the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. Each contested application is decided on its merits.   The sub-committee was conscious that the Responsible Authorities were all experts in their respective fields (paragraph 9.12 of the Revised Guidance issued under section 182 of the Licensing Act 2003 refers) and none had raised any concerns in respect of the application. The applicant had also agreed appropriate or amended conditions with Essex Police and Environmental Health should the application be granted.   The sub-committee was also mindful that the number of licensed premises or the question of whether another premises is needed are not matters for the sub-committee to consider. Whilst the need for a specific business or activity might be a relevant consideration for planning permission or market forces, it is not a matter that the licensing authority is primarily concerned with when assessing a licensing application. There is no cumulative impact policy for this area.   The sub-committee recognised and appreciated the concerns expressed by the objector but concurred with the applicant that there was no substantive evidence as required under paragraph 9.43 of the revised guidance issued under Licensing Act 2003 to substantiate  that the concerns of anti-social behaviour and risks to public safety in the area would occur as a result of the activities of off-licence premises. Drinking of alcohol in a PSPO area was not a criminal offence and there is no legislation prohibiting an off-licence from selling alcohol in the area. Furthermore, should any issues arise from the licensed activities at the premises, Section 51 of the Licensing Act 2003 provided a statutory mechanism for initiating a Premises Licence Review to address and manage such concerns.   The sub-committee concluded that, based on the evidence presented to it in respect of this application, there was insufficient evidence to substantiate that the concerns raised in the representation would occur or could be attributed to this premises or that could not be addressed through the imposition of appropriate conditions.    The sub-committee therefore, did not consider that the promotion of the licensing objectives would be undermined by the granting of the application, subject to the imposition of appropriate conditions agreed with the Responsible Authority.   Resolved:-   That the application for the supply of alcohol for consumption off the premises from 09:00 hrs to 23:00 hrs daily and the opening hours of the premises from 07:00 hrs to 23:00 hrs daily at Black & Red Turkish Supermarket,153 High Street, Southend-on-Sea, SS1 1LL be granted subject to:   (1) The Mandatory Conditions set out in Appendix 1 to the submitted report of the Executive Director (Environment & Place); and   (2) The conditions submitted by the applicant drawn from the operation schedule and the conditions agreed between the applicant, the Essex Police and the Environmental Protection Team as set out in Appendix 2 to the submitted report of the Executive Director Environment & Place).

Date of Decision: January 26, 2026