Agenda item
Application for a New Premises Licence for McQueen's Flowers Limited 229 Cambridge Heath Road London E2 0EL
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for McQueen’s Flowers Ltd, 229 Cambridge Heath Road, London E2 0EL. It was noted that objections had been received by Responsible Authorities representing the Licensing Authority and Environmental Health.
At the request of the Chair, Ms Maria McDonald, representing the Applicant explained that the premises was a luxury gift shop selling flowers and candles etc. and wanted to sell alcohol in addition to the main product of flowers, specifically a premium champagne. The alcohol would be sold only along with the purchase of flowers or any other gift product, and would not be sold on its own. She explained that the price range for such a gift would start from £62.
At the request of the Chair, Mr Mohshin Ali, Licensing Officer explained that the premise was in the Cumulative Impact Zone (CIZ) and that the operating schedule in the application had not met the licensing objectives. He explained that the plans for the mezzanine floor were unclear and that the Applicant had not been in touch following the representation. Mr Ali also explained that although the hours were within framework hours, having another premises selling alcohol would negatively add to the CIZ.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer, she referred to her representation on page 119 of the agenda and explained that the issues were regarding public nuisance and that there was nothing in the operating schedule on how to comply with and promote the licensing objectives.
In response to questions the following was noted;
- That they would only sell Champagne and this would be from a premium company.
- That age restrictions would apply when placing the order and drivers would check identification upon delivery.
- Happy to agree to the conditions proposed by the responsible authorities.
- Minimum order with Champagne would start from £75 and over
- This service would be an additional gifting opportunity for customers.
- Due to the recent pandemic, the premises will no longer be opening for retail purchase, orders would only be delivery based and premises will be used as the workshop.
- The sale of alcohol would be restricted to one product (champagne).
- It was accepted by the Applicant that the application was not robust and not filled in correctly as someone else had filled the application for them at the time the application was made.
- That an updated plan of the premises would need to be submitted as current plans were inadequate and unclear.
- After Covid-19 – the premises would be used as the workshop and the retail outlet would be moved to the West End of London.
- Happy to licence for particular occasions and other festive dates in the year.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and the oral representations made at the meeting by Applicant and the Officers representing the Licensing Authority and Environmental Health objecting to the application with particular regard to the licensing objective of the prevention of public nuisance.
The Sub-Committee noted that the premises in question were situated in the Bethnal Green Cumulative Impact Zone and when a representation is received, the licence will be refused, unless the applicant can demonstrate exceptional circumstances whereby the application, if granted, would not add to the cumulative impact in that zone. The Sub-Committee noted that effect of the Council’s Statement of Licensing Policy in relation to a cumulative impact zone, is to create a rebuttable presumption against granting an application relating to premises in a cumulative impact zone.
The Sub-Committee considered that the onus lay upon the applicant to show through the operating schedule, with appropriate supporting evidence that the application, if granted, would not add to the cumulative impact already being experienced, as added cumulative impact would undermine any of the four licensing objectives.
The Sub-Committee noted the applicant’s representation that the impact of the premises licence if granted, would be mitigated by the fact the premises would not be used as a retail outlet and would only be used as the storage and workshop to prepare the orders for delivery. The Sub-Committee noted that the alcohol product proposed to be sold would be of a premium specified brand of champagne and would only be sold as an ancillary to flowers or other ancillary products such as chocolates, candles and scents.
The Sub-Committee noted the representations made by Responsible Authorities that on the balance of probability an added cumulative impact would arise from a grant of another premises selling “off sale” of alcohol and potentially adding to the existing anti-social issues in the area.
In making the decision, The Sub Committee was satisfied that the applicant had successfully demonstrated that a grant of the application would not add to the cumulative impact in the Bethnal Green Cumulative Impact Zone.The Sub-Committee referred to the Council’s Statement of Licensing Policy, in particular section 19.8 of the Special Cumulative Impact Policy for the Brick Lane and Bethnal Green Areas,and were satisfied that the premises was not an alcohol led business, was a small premises with a capacity of fifty persons or less, would only be used as a workshop and not open to the public, and therefore would not generate added footfall as it was a delivery based business, operating within the framework hours and only providing a specified premium branded product.
The Sub-Committee was satisfied that the licensing objectives would not be undermined and that the conditions imposed would help alleviate any concerns raised by the objectors.
Therefore Members made a decision and the decision was unanimous. Members granted the application with conditions.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, McQueen’s Flowers Ltd, 229 Cambridge Heath Road, London E2 0EL be GRANTED with conditions.
Sale of Alcohol (off sales only)
Monday to Saturday from 09:00 hours to 17:00 hours
Hourspremisesopentothepublic:
Monday to Saturday from 09:00 hours to 17:00 hours
Conditions
- Off-sale of alcohol shall only be made as add-on sales to the supply of floral bouquets and ancillary products such as chocolates, candles and scents.
- Alcohol shall not be opened and consumed within the immediate vicinity of the premises.
- Unaccompanied children shall not be allowed on the premises.
- An incident log book shall be kept on the premises and made available on request to an Authorised Officer of the Council or Police.
- The web-site shall be designed for adults only. A standard age verification check shall be undertaken on entering the website.
- A signature at the point of delivery must be obtained. No delivery shall be left without a signature. Every third party courier delivery box shall be labelled with the words “Age Restricted Product”.
- Alcohol shall only be delivered to a residential or business address and not to a public place.
- A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
- A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.
- Notices will prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
Supporting documents: