Agenda item
Licensing Act 2003: Application for a Premises Licence for Phoenix Off Licence, 104 East India Dock Road, E14 0BP
Licensing objectives:
· the prevention of crime and disorder
· public safety
· the prevention of public nuisance
· the protection of children from harm
Representations by: Local Resident
Minutes:
Attendees
Narin Karakus (applicant)
Jamir Chowdury (objector)
The report was introduced by Corinne Holland, Licensing Officer who advised that this application was for a new premises licence for Phoenix Off Licence, 104 East India Dock Road, E14 0BP. The representation from Mr Chowdury was a borderline representation but on balance had been accepted as valid.
Ms Karakus addressed the meeting and stated that she had 8 years experience as a personal licence holder for retail premises elsewhere in Tower Hamlets and was well aware of the processes and rules for managing premises selling alcohol as demonstrated in her application and she had nothing further to add.
Mr Chowdury addressed Members opposing the application on the grounds that if this application was granted, it would have a negative impact on his business and there was potential for anti social behaviour. Previous premises on the same site had a history of nuisance and anti social behaviour and was also linked to premises on poplar high street nearby which had been closed. There was also a green open space and children’s playground which could put children at risk.
In response to questions from Members, Ms Karakus advised that she
was willing to agree to amended/additional conditions regarding
hours for the sale of alcohol, restrictions on the
sale of single cans or bottles beer/lager/cider with ABV level
above 5.6, Challenge 21 and the sale of single disposable
cups.
Members then withdrew to deliberate in private.
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:
1. The Prevention of Crime and Disorder
2. Public Safety
3. Prevention of Public Nuisance
4. The Protection of Children from Harm
Deliberations
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representations from the applicant and written representations from local residents (no objectors attended to make oral representations).
The Sub Committee noted that it was requested to consider an application for a New Premises License for Phoenix Off Licence, 104 East India Dock Road, E14 0BP. Members heard oral representations from the applicant (Narin Karakus) and the objector (Jamir Chowdhury)
Having considered all the written and oral representations from
the applicant and objector, the Sub Committee noted that the
representation from Mr Chowdhury was a borderline representation
and some of the issues and concerns raised were not licensing
considerations. Members had genuine
concerns about the potential for anti
social behaviour given the close proximity of the premises
to public open space. The Sub Committee
also had reservations about the impact of the premises taken into
account the nearby hostel for vulnerable people as well as a
childrens’ playground and a
primary school.
Members were satisfied that the conditions listed in the Operating
Schedule attached to the application were adequate and
proportionate subject to alterations/additions in respect of hours
for alcohol sales, the sale of single cans or bottles
beer/lager/cider with ABV level above 5.6, the sale of single
disposable cups and Challenge 21.
RESOLVED – That the application
for a New Premises License for Phoenix Off Licence, 104 East India Dock Road, E14 0BP, be
GRANTED subject to the conditions set out
below.
Opening Hours
07.00 – 23.00 daily
Hours for sale of alcohol
11.00 – 23.00 daily
CONDITIONS
1. CCTV System installed to monitor entrances, exits, and other parts of the premises in order to address the prevention of crime objective; CCTV system shall incorporate a recording facility and any recordings shall be retained and stored in a suitable and secure manner for a minimum period of 31 days with date and time stamping. The system will comply with other essential legislation and all signs as required will be clearly displayed. Someone must always be on the premises who is trained and can download the recordings upon request. Recordings shall be made available for inspection at the premises by Responsible Authorities.
2 To look to the Police as main source of advice on crime and disorder;
3 To prevent poor management which could lead to any disorder and risk public safety i.e. not to sell alcohol to someone who is already under influence of alcohol to prevent any disorder from rising;
4 Ensuring adequate lighting outside to the premises to prevent any crime / disorder to keep area safe;
5 Ensuring all waste is disposed of correctly;
6 Try to reduce light disturbance from the lights in the shop/sign to the residents around while balancing the need of light to maintain public safety and prevent crime and disorder;
7 Address any disturbance caused as customers leave and enter during late hours to prevent residents being disturbed;
8 Preventing purchase of alcohol by or on behalf of a child/children;
9 No sale of alcohol to anyone under the age of 18.
10 No single disposables cups to be sold
11
No super-strengthbeer, lagers, ciders or spirit mixtures of 5.6% ABV(alcohol by volume) orabove shallbe sold in single cans or
bottles
12 There shall be a personal licenceholder on dutyon the premises atall times when thepremises areauthorisedto sell alcohol
13 Outside of thehours authorised forthe saleof alcohol and whilst the premisesare open to the public,the licence holder shall ensure that allalcohol within the premises (including alcoholbehind the counter)is securedin alockedstore roomor behind locked grilles, locked screens orlocked cabinet doors so as to preventaccess to the alcohol byboth customers and staff
14 Prominent signage indicatingthe permitted hoursfor the sale of alcohol shallbe displayed so as to be visible before entering thepremises,wherealcohol is onpublicdisplay, andat thepoint ofsale.
15 A Challenge21 proof of age scheme shall beoperatedat thepremises where the onlyacceptableforms of identificationare recognisedphotographic identification cards,such as a driving licence, passport or proof of age card with the PASSHologram.
16 A record shall be keptdetailing all refused sales of alcohol. The recordshould include the date and time ofthe refused sale and thenameofthemember of staffwho refused the sale.The record shallbe availablefor inspection atthe premises by thepoliceor an authorisedofficer atall times whilst the premisesis open to the public.
Supporting documents: