Residents’ Forum letter objecting to licence application at 52 High Street

The Residents’ Forum has written to Birmingham City Council Licensing to register its objection to a licence application which, if granted, would permit the sale of alcohol 24 hours a day, 7 days a week, from premises at 52 High Street.

You can read the Forum’s letter in full at the following link:

Letter to Birmingham City Council Licensing objecting to licence application no. 96450 (pdf)

Yesterday, we shared a copy of the full application details (pdf). Anyone who wishes to comment on the application, should do so by 19 July 2016 in writing to:

Birmingham City Council
Licensing Section
P.O. Box 17013
Birmingham
B6 9ES

 

24-hour alcohol sales licence application

An application has been made for a licence to sell alcohol 24 hours a day, 7 days a week from a shop at 52 High Street, Kings Heath. The shop is located between Restaurant Veneziano and Bike Pro, opposite the derelict Kingsway cinema. The application also covers the sale of what are described as ‘late night refreshments’ from 11pm to 5am, again, 7 days a week.

If granted, the licence will be for drinking off the premises. In other words, it looks as if this will be a supermarket, selling alcohol in the way that supermarkets normally sell it. The difference in this case will be that it will be permitted round the clock, every day of the week.

This application comes just months after consultation on a Public Space Protection Order (PSPO). The relevant website claimed that, ‘in Moseley & Kings Heath ward, this is being introduced to address unlicenced street drinking related anti-social behaviour’.

Representations relating to this application must be made in writing by 19 July 2016 to Birmingham City Council, Licensing Section, P.O. Box 17013, Birmingham B6 9ES.

View the full details of the licence application (pdf)

The Residents’ Forum management committee discussed concerns at a meeting held 6 July 2016. The Forum will respond to Birmingham City Council Licensing specifically objecting to the sale of alcohol after 11pm. (More information to follow shortly.)

Other potential reasons for objecting to this application include:

  1. Anti-social behaviour.
  2. Litter and street cleanliness.
  3. There are already two 24-hour shops selling alcohol, and two other late-night closure shops; no need for any more.
  4. Noise at night.
  5. Traffic and road safety.
  6. This licence application will not help achieve the aims of the Public Space Protection Order.
  7. Lack of toilets.
  8. Unsocial hours.
  9. Close to residential housing in Bank Street, Grange Road and apartments in the future Kingsway development on the opposite side of the High Street.
  10. Risk of underage sales of alcohol to local school children.

Keeping pavements clear

Obstructions on the pavements in Kings Heath High Street have been annoying residents for several years. Recently, the road safety group within the Kings Heath Forum took up the problem with local councillors and Birmingham Highways Maintenance and Management Service.

There are a number of issues covered by this subject but they all relate to one concern: whether there is enough space available for people with limited mobility, visual impairment or parents with push-chairs.

The restrictions usually have one of three causes:

  • parking on pavements
  • ‘A boards’ outside shops
  • work on pavements by the utility companies

It has been difficult to get any solid information so far but it seems that there is a standard that should be applied. In areas with few pedestrians such as the High Street near Sports Direct, there must be a 1.2 metre (almost 4 feet) width of pavement available free of obstructions. In areas with more people moving around, the minimum is 2 metres (about 6 feet 6 inches).

One of the difficulties is that there seems to be some confusion over who should be enforcing these standards. A statement from Birmingham Highways Maintenance and Management Service seems to suggest that enforcement is a matter for the Police although the highway authority can remove ‘A boards’.

However, the statement also said that local traders agreed at a meeting ‘several years ago’ to self-police the ‘A board’ problem. Since then, it has been suggested that Amey, which is the highways maintenance contractor for Birmingham, has a contractual responsibility for making sure that pavements are kept clear. This has yet to be absolutely confirmed.

The difficulty now seems to be that the traders’ agreement is being overlooked and ‘A boards’ are being positioned in such a way as to obstruct pavements. As a result, the available width of pavement is narrower than it should be.

In February the Residents’ Forum asked Birmingham Highways Maintenance and Management Service a number of questions in relation to this issue and suggested that clear guidance should be produced for local businesses.

As yet, no further information has been provided. When it is, an update will be posted.

Proposed new Police powers to combat nuisance in Kings Heath

There are various nuisance behaviours which have been giving concern on Kings Heath High Street and in Moseley Village. Currently these areas are part of an Alcohol Restriction Area. The City Council and Police are proposing to replace this with a new Order under recent laws to pick up a wider number of problem behaviours. This Public Space Protection Order would give the Police additional powers to stop harassment, verbal abuse, threats of violence, carrying open bottles or cans of alcohol, possessing or using “intoxicating substances” (mainly drugs) and making graffiti. Views from the public are being sought  by Friday 11 March 2016.

The widening of Police powers to intervene under this Order is likely to be warmly welcomed by the Forum. However, there is concern at the drafting of certain sections. We are likely to suggest some changes to make it clear that it does not prohibit peaceful gatherings and peaceful protest, that “verbal abuse” is defined, that it does not prohibit the collection of empty cans, that it does not prohibit “authorised” graffiti and that reasonable cafe style outdoor drinking on privately owned spaces or organised events (e.g. the Hare and Hounds, the Village Square, Street Fair, etc.) is not prohibited.

The public have to be consulted before this Order can be made so your views are important.

To have your say in support or against this Order by Friday 11 March 2016, go to the Birmingham Be Heard website.

Also see more information about the consultation and the full details of the Order (pdf).

Please feel free to let us know your views in comments on this blog, on Facebook or on Twitter.

Ken Clayton and Tom Tierney

Objections to Lidl planning application

The Forum has lodged an objection to a planning application announced by Lidl. The multinational supermarket giant wanted to replace the current Silver Street store with a new, and much bigger building. Lidl is a low-cost supermarket, so it is important to many Kings Heath residents but the plans raised serious concerns.

One of the most important was concern about increase in heavy goods traffic. The company denied that there would be any increase in the number of juggernauts turning into Silver Street. However, it is difficult to see how such a claim could be made. The new store shown on the plans would have been bigger than the existing one so it would need more stock. It was clearly designed to attract more shoppers. That would have meant more sales and therefore there would have to be more deliveries.

The only way to cut the number of lorries arriving would have been to use even bigger vehicles.

This, in turn, would have made congestion in Kings Heath even worse. In addition, these extra lorries would add to air pollution which has already made the High Street the fourth most polluted street in Birmingham. (Birmingham’s most polluted roads)

The Forum also raised concern about parking. Lidl has already bought the nearby car park from Birmingham City Council. The company has attracted criticism recently for the way it tries to enforce parking fines. In some places it is alleged to have provided 10-minute free parking. However, anybody overstaying their time is hit with a £90 fine. There are already proposals to take parking off the High Street. Losing this 102-space public car park will be a major blow for shoppers in Kings Heath.

The proposed building would be considerably higher than the existing store. That would be bound to affect local residents as would the increased traffic and other matters, such as things bigger, more powerful air conditioning units.

Overall the Kings Heath Residents’ Forum said that the proposal by Lidl could only be damaging to Kings Heath residents. That is why the Residents’ Forum lodged a formal objection to the planning application.

The latest development in this story is that Lidl has recently withdrawn the original planning application. However, it is preparing a new scheme. Councillor Claire Spencer has said that she would like the scheme to be discussed with residents. The period for lodging objections to the  original proposal has ended but members of the Residents’ Forum will be watching developments closely  and will assess the new proposals before deciding what to do next.

Forum response to Boundary Commission’s proposal for a Kings Heath Ward

We have submitted our response welcoming the draft proposal from the Local Government Boundary Commission to establish a Kings Heath Ward. However, our suggestion is that it should be based on the current area served by the Residents’ Forum rather than the area identified in the Commission’s draft proposal as we had consulted widely about that in 2011. The Commission’s final recommendations are due to be published in May and new electoral wards should be in place throughout Birmingham in May 2018.

Read the Forum’s response: