Agenda item
Application for a New Premises Licence for Food & Wine Mini Market, Unit 13, 71 Ben Johnson Road, London E1 4SA
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 Food & Wine Mini Market, Unit 13, 71 Ben Johnson Road, London E1 4SA. It was noted that objections had been received from local residents and a local resident association.
At the request of the Chair Ms Miray Kaplan, Legal Representative on behalf of Mr Erdal Pinar, Applicant, read through his witness statement during which a variation to the application was made to reduce the hours for sale of alcohol to 7am to 11pm. It was noted that there had been no representation from the police or any other Responsible Authorities.
She explained that as result of the objections made the applicant was now reducing the hours for sale of alcohol, agreeing to add conditions to operate the Challenge 25 policy, install CCTV cameras, regularly train staff and work with the Responsible Authorities to promote the licensing objectives.
Members then heard from Ms Margaret Fisher and Mr Zakaria Hussain, local residents who expressed similar concerns over the excessive hours applied for, the likely increase of anti-social behaviour to what was already being experienced in the area. That the premises were situated in a densely populated residential area with no other commercial venues in the direct vicinity and therefore they were of the view that a late night premises licence selling alcohol would attract others to the area late at night who could potentially cause public nuisance.
In response to questions from Members the following was noted;
- That the applicant had further varied the hours on the application for the sale of alcohol to 11am-11pm to help address the concerns of local residents.
- Agreed to not sell plastic cups at the premises
- Concerns that groups of people would be congregating outside the premises causing public nuisance.
- It was confirmed that processes such as enforcement checks, test purchases and reviewing of a licence were in place to check if operating hours and conditions on a premises licence were being adhered to.
Ms Kaplan highlighted the revised sale of alcohol hours applied for - 11am to 11pm and the opening hours applied for - 7am to 12 midnight. She stated that they would work with responsible authorities to promote the licensing objectives and would accept all the conditions discussed at the meeting.
The objectors stated that they would hope that the hours would be strictly adhered to and that they would be monitoring this.
Members adjourned the meeting at 2.45pm for deliberations and reconvened at 2.55pm.
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;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representations made on behalf of the Applicant by his Representative and the objectors present at the meeting.
Members recognised that the area was a residential area and therefore accepted that a late licence could cause potential public nuisance for residents. However Members also welcomed the efforts made by the Applicant to reduce the hours for the sale of alcohol and conditions offered to help address the concerns of local residents by not selling plastic cups, operating the Challenge 25 Policy, installing CCTV cameras, and displaying notices around the premises requesting customers to respect the needs of local residents and to leave the area quietly.
Members believed that the reduction in hours for the sale of alcohol from 07:00 hrs - 00:00 hrs (midnight) (what was applied for) to 11:00hrs - 23:00hrs and having shutters/covers over the alcohol display during the non-sale of alcohol hours would help alleviate the concerns of anti-social behaviour in the area and help promote the licensing objectives
Members reached a decision and the decision was unanimous. Members granted the application subject to conditions to help promote the licensing objective and prevent public nuisance and crime and disorder.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a New Premises Licence for, Food & Wine Mini Market, Unit 13, 71 Ben Johnson Road, London E1 4SA be GRANTED with conditions.
Sale of Alcohol (off sales)
Monday to Sunday from 11:00 hours to 23:00 hours
Hours premises is open to the public
Monday to Sunday from 07:00 hours to 00:00 hours (midnight)
Conditions
1. No sale of plastic cups.
2. Thepremises licenceholdershall ensure that all staff whose responsibilities include the retail sale of alcohol shall receive training. This training shall be recorded and the records are to be made available on request by the Police or any authorised officer.
3. 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 are open.
4. Noticesshall beprominentlydisplayed atall exitsrequestingpatronsto respectthe needsof local residents andleavethe areaquietly.
5. Thepremises shallinstalland maintaina comprehensiveCCTV system.The CCTV systemshall continuallyrecord whilstthe premises are openand duringall timeswhen customersremainon the premises.All recordingsshall be storedfor aminimumperiod of31 dayswithdate and timestamping.Recordings shall bemade availableupon requestof Police or authorisedofficerthroughoutthe preceding 31-dayperiod (subjectto dataprotectionlegislation).
6. Astaff memberfrom thepremiseswho isconversant withthe operationof theCCTV system shallbe onthe premisesat alltimes whenthe premisesare opento thepublic.Thisstaff membermustbe ableto showa Police Officer or an AuthorisedCouncil Officerrecent data orfootage withthe absoluteminimumof delaywhen requested.
7. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification card, such as a driving licence, passport or proof of age card with the PASS hologram.
Supporting documents: