Bournville store and Birmingham law professor at loggerheads over 24 hour licence

A professor of law has objected to a proposal for a petrol station in Bournville to operate a 24 hour alcohol licence, claiming alcohol will be bought regardless of “mitigating” sales.

Aleksandra Cavoski, professor of environmental law at the University of Birmingham, said despite the applicant’s use of a hatch to conduct sales past 11pm, alcohol will still be consumed.

She also claimed if the application is successful, the sale of alcohol “will attract a certain type of clientèle”.

But Naga Rajesh, the agent for applicant Nakendram Piratheepan, said objections were “initiated and driven by our competitors”.

Ms Cavoski said: “I am a resident of Beaumont Road, very close to Franklin Road. I have not signed the petition, and I find it quite upsetting to hear from Mr Rajesh that only those who wanted to support other convenience stores raised objections, which is just not true.

“He is proposing a set of mitigating circumstances, such as a hatch, no single cans sold, a small premise and CCTV, and I am a lawyer, a professor of law and I have to say that this is in evidence for me that there will be no mitigation.

“Alcohol will still be sold and consumed. It will attract a certain type of clientèle. We are definitely going to have a problem.”

Ms Cavoski’s concerns were one out of 550 residents who contacted Birmingham city council.

Their objections to the application for the 24 hour alcohol licence, at Mary Vale News, in Franklin Road, were heard at a licensing committee meeting on March 14.

The application for the licence was received by Birmingham city council on January 20.

The site, which does not currently have a convenience store, is just a few metres away from Maryvale News & Wine, which successfully applied for limited alcohol sales in 2015.

The shop was the first in Bournville, once an alcohol-free area known as “The Dry Village”, to break the 120-year booze ban.

Because of this, Mr Rajesh said Mr Piratheepan would not “tarnish” his reputation based on alcohol sales.

He said: “We can see there is a petition signed by lots of people. We can totally understand their concerns.

“While we respect the concerns raised by some of the residents, I would like to say that the petition was initiated and driven by our competitors. Some of the residents who signed the petition are living miles away from the premises.

“My client has invested a lot of money into renovating this business. He must do his business in the same neighbourhood as these residents. He would never tarnish his reputation by selling alcohol irresponsibly.

“This is not the only service he will be providing. He has a service station to run. Alcohol will only be a small part of it.”

Mr Rajesh claimed there were no police objections.

Councillor Clements, (Lab, Bournville and Cotteridge), said “In the local area, to hear we were going to get a 24 hour convenience store was a great surprise, particularly as Mary Vale News is literally a stone’s throw away from this location.

“This is a quiet residential area, and residents are entitled to a quiet life with their families and going about their business in the local area.

“Most places that do sell alcohol in the local area have limited hours, so I would ask the committee members to consider what sort of clientèle is it that a 24 hour operation with a hatch operating from 11pm – 6am, would be attracted to go buy alcohol?”