Issue - meetings

The Committee reconvened on Thursday 19^th May 2011 at 7pm.

After introductions around the table, the Chair clarified for the record that both he and Cllr Jenks had bought petrol from the premises in the past. The Chair explained that, further to a request from the Committee for greater clarity on the primary use of the premises, the issue of primary use needed to be addressed first and foremost as, if the Committee were not convinced that the primary purpose was not that of a garage, then the Committee would not be able to grant a premises licence. Following a presentation from the applicant on primary, the Committee would adjourn to deliberate on this particular issue.

The applicant’s representative, Mr Grant, addressed the Committee on the issue of primary use. Mr Grant presented the current position in respect of petrol stations and the competition faced from supermarkets, and the low level of profit derived from fuel sales in the current economic climate. Mr Grant spoke about the way in which the exemption of garages from sale of alcohol had come about and that this was based on perception, despite evidence demonstrating there was no link in sale of alcohol at garages and drink-driving levels.

The Committee was advised that there was no standard definition of primary use and Mr Grant outlined the different ways in which this could be measured. Turnover was not seen as the preferred test for assessing primary use on the basis that a single significant transaction could distort the picture, and Mr Grant argued that footfall was a fairer test, as the Licensing Objectives would be engaged by the people visiting the premises.

Mr Grant took the Committee through the additional data provided by the applicant in relation to footfall, and proposed that this clearly demonstrated that the majority of transactions at the premises were non-fuel related. The Committee was also asked to consider the financial data comparing profit on fuel and non-fuel sales, and it was proposed that this also demonstrated that the primary use of the site was non-fuel. The Committee was advised that were a licence granted and the position changed such that the primary use of the premises did become that of a garage, it would no longer be legal for the premises to supply alcohol.

In response to a question from the Committee regarding whether there was any record of the way in which customers physically arrived at the site, it was reported that there were no records of this kind available. It was also confirmed that the figures provided did not include any data relating to the car wash. The Committee asked about the figures provided and what was included in these figures, in response to which the applicant confirmed that operating costs were deducted for all transactions at point of sale.

The Committee asked about the different means of assessing intensity of use, in response to which Mr Grant emphasised that, for the reasons outlined previously, he felt  ...  view the full minutes text for item 22