Shop wins right to sell booze until midnight despite police objections

A shop has won the right to sell booze for an extra hour a night despite police objections. Rehan Food Store and Off-Licence in Stapleton Road, Easton, was granted an extension of its premises licence from 11pm to midnight Monday to Saturday, and an hour earlier on Sunday.

Police told Bristol City Council licensing sub-committee that the shop had twice stayed open beyond its 11pm closing time – until 11.15pm on November 29 and 11.04pm on December 12, so was technically in breach of its licence conditions and was sent a warning. On the first occasion, a customer asked for credit to buy milk because he had no money and, when the request was refused, he left two cans of cider that he’d brought into the premises in the fridge display while he went to get cash, the panel was told.

But police who were visiting the shop at the time to check it was complying with the licence seized the cans because they appeared to be on sale and were seven per cent alcohol, whereas the store is allowed to sell beer or cider up to only six per cent. Avon & Somerset Constabulary licensing officer Neil Cutler said that by having the cider on display in the fridge meant customers would have assumed they were for sale, although he accepted the store was not selling them.

Licensing barrister Stewart Gibson, representing Rehan shopkeeper Wahid Ali, said it had operated for years without incident. He said the police objection did not address the crucial issue of what the impact would be of an additional trading hour at the end of the day.

Mr Gibson said trading beyond 11pm was not a licensing matter and that no alcohol had been sold after that time, so it had complied with its conditions. He told the hearing on Thursday, February 6, that the only reason the store was still open on the two occasions was that customers had arrived shortly before closing and were taking time to choose groceries.

Mr Gibson said: “Do you incite confrontation or do you let them complete their purchase and leave?” He said that unlike every other item in the shop, the two cans left by the customer had no price ticket, so it was obvious they were not for sale.

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“The police searched the shop and found nothing else – it was purely those two cans,” he said. Mr Gibson said it was very unfortunate that this happened on the day police visited.

Announcing the panel’s decision, sub-committee chairman Cllr Richard Eddy (Conservative, Bishopsworth) said: “The assertions of the police are not proven, so on balance we believe we should grant this licence variation.”