South Street off-licence hatch restriction

A Derbyshire off-licence will be allowed to operate late at night through a hatch despite concerns from an adjacent pub landlady about crime and anti-social behaviour.

Local Democracy Reporter Eddie Bisknell detailed the business conducted at an Erewash Borough Council licensing hearing on Thursday 29th May at which councillors approved a premises licence for 60 South Street, Ilkeston, to be turned into an off-licence, having been vacant for some time and previously used by animal welfare charity.

After talks with the police, the applicant, Iyamperumal Vivekanathan, agreed to reduce the planned opening hours down from 3am Thursday through to Saturday, to 1am on Fridays and Saturdays.

However, while the licensing panel agreed to allow the off-licence to operate until midnight Sunday through Thursday and until 1am on Fridays and Saturdays, it would only be able to sell products via a hatch after 11pm, similar to those at petrol stations.

Councillors and licensing officials were concerned that people leaving pubs, clubs and bars at closing time would be able to then head to get further alcohol from the shop, potentially exacerbating existing issues with crime and disorder.

They wished there to be a separation where it is hoped people would disperse after leaving pubs, bars and clubs and did not linger in the town centre.

Charlotte Lee, landlady of the Prince of Wales pub, which sits directly opposite, said following the decision: “The hatch defeats the purpose of it all. It will still see people gathering around it outside.”

During the meeting, she detailed how she lives above the pub with her child, and alleged that she has previously been assaulted by a customer after refusing them alcohol, indicating the type of behaviour which already exists in the area.

Ms Lee, who became Prince of Wales licensee in 2023, said: “Due to the type of behaviour I shut at 12am at the latest, or even 11pm, even though I can open later. 

“What is to stop them from being kicked out and just going across the street?

“I already have to deal with smashed glass and litter in front of the pub, what is to stop them doing the same thing across the street?

“This is a largely residential area. We don’t want licensing until that time (1am). It is ridiculous. It is a shock to see that.”

Carolyn Singleton, the borough council’s licensing manager, said: “Some of the issues I envisage if we allow this is an increase in anti-social behaviour with people congregating in the area for longer and later.

“The safety of staff, with it likely being one worker…how will they challenge customers who are already intoxicated? Another licensed premises in the area, a takeaway, has to have door supervisors after 11pm.”

She said one premises, the Tesco Extra in Rutland Street, closes at midnight due to anti-social behaviour and other off-licences close at 10pm.

Ms Singleton said: “This could create a precedent for off-licences that currently close at 10pm to look to open later to catch people coming out of pubs.

“There is an expectation that crime and disorder will increase if the hours are approved. They should stop selling alcohol at 11pm and if they are allowed to sell alcohol later we would ask that door staff are required from 11pm until the terminal hour.”

Katherine Thornhill, Erewash safer communities and partnership manager, said “prevention is better than a cure” and “police would have to handle the fallout” with “stretched resources”.

She said: “There have been several incidents recently in the night-time economy and we must do all we can to prevent future incidents.

“This is likely to increase the likelihood of drunken behaviour. Normal practice would be for an off-licence to close an hour before on-licensed premises kick out.”

Rob Edge, representing the applicant, who also runs a premises in Corporation Road, Ilkeston, since 1997, and in Kirkby in Ashfield in Nottinghamshire for four years, said: “The premises is not yet open so it is not contributing to what is currently going on.

“The applicant will keep the frontage clean and tidy at all times.

“This cannot be based on the supposition of anti-social behaviour and crime. There must be evidence of objections and there is no evidence of crime and disorder or anti-social behaviour being linked with this premises whatsoever.”

He said products would be sold from a hatch from 11pm onwards, with a CCTV camera and lighting above it to aid with crime prevention.

“There is no precedent, each application has to be decided on its merits and you can’t link this to another licensed premises.”

Mr Vivekanathan told the hearing that he had operated a 24-hour off-licence and not experienced any issues with alcohol sales.

He said: “We analyse the area and take action to see if the hours we plan to operate for are suitable. If there are issues we would take the hours back.”

Mr Edge said the applicant had invested more than £50,000 in the off-licence and was eager to make it a success, and would be creating seven new jobs for local people.

He said the applied-for hours would be a “litmus test” which can be tailored to meet issues.

Ms Thornhill said: “We can’t grant hours and see how it does on the basis that we can change them later. We know our area well and we know the context.”

Ms Singleton said: “Who is the target customer between 12am and 1am? The only people in Ilkeston town centre at that time are people who have been in licensed premises who are possibly intoxicated or have at least drunk enough to stay until closure.”

Cllr Frank Phillips, announcing the licensing panel’s decision, said that due to crime and anti-social behaviour concerns the premises would only be allowed to operate from a hatch from 11pm, with its hours limited to 6am until 11pm Sunday through Thursday and from 6am until midnight on Fridays and Saturdays.

Mr Edge, responding to the decision, said: “We are happy with the outcome. It is a good compromise.”