Agenda item
Application for a New Premises Licence for Shell Old Ford, 445-453 Wick Lane, London E3 2TB
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 Shell, Old Ford, 445 - 453 Wick Lane, London E3 2TB. It was noted objections had been received from the Environmental Protection team and local residents however the former had withdrawn their objection on the basis of agreed conditions.
Members heard from the Applicants legal representative, Mr Leo Charalambides, who stated his client was a national operator of convenience stores and petrol stations. The hours for the sale of alcohol stated in the initial application had been amended in consultation with the Responsible Authorities and therefore, whilst he had empathy with local residents, no criticism had been made of the operating schedule and the conditions therein by the Responsible Authorities. Mr Charalambides stated his client Shell would be working closely with the new franchisee to ensure the licensing objectives were upheld.
Mr Charalambides stated that across the Shell network, not a single site had ever been subject to a review hearing and that the objective of the company was to provide an accessible convenience store for local residents. Mr Charalambides referred to Thwaites stating that case law stated members of the Panel ought to listen to the advice of the Responsible Authorities rather than individual complaints of anti-social behaviour which were much wider and did not specifically relate to the Shell, Old Ford site. With regards to the objection of Mr Dover, Mr Charalambides said the issues raised, regarding the ‘party wall’ was a ‘private nuisance’ consideration and therefore could not be considered as part of the Licensing process.
Mr Charalambides continued stating if the licence was granted it would provide protection for local residents, in the event it was reviewed or if the conditions in the operating schedule were not upheld.
Members also noted the concerns raised by the Objectors in particular the public nuisance caused by groups of motorbike and quad bike riders who revved their engines as well as the drunken antics of nightclub revellers and football supporters. Members heard from Mr Lloyd and Mr Dover about the affects the public nuisance was having on their daily lives. They said the issues were not limited to night time only but also occurred during daylight hours. Mr Lloyd stated that Shell ought to take more responsibility and be a responsible contributor to the local community as the gathering of riders happened on their forecourt. He said the possibility of alcohol being readily available to nightclub revellers would only further add to the problems the community was enduring.
Mr Dover read his written statement on pages 91 to 96 of the agenda. In particular, Mr Dover highlighted the lack of signage asking patrons to leave quietly and the gathering of bike enthusiasts revving their engines, urinating on the public highway and his property.
In response to questions the following was noted:
- Kathy Driver confirmed the objections from Mr Lloyd and Mr Dover were individual objections and not representations on behalf of the community.
- Ms Driver confirmed no other complaints had been made, other than the objections received, as part of the agenda pack.
- Mr Lockett confirmed there was a lavatory available within the convenience store, for patrons to use.
- Mr Charalambides suggested Mr Dover speak with Shell area manager to work on a solution with respect to the issues he was experiencing.
- Mr Charalambides confirmed his clients were seeking an Alcohol licence from 6:00 a.m. to 12 midnight.
Suggestion to Officers
· Members asked that the issues raised by the Objectors such as congestion caused by vehicles queuing to right turn into the station forecourt should be raised with Officers from the Council’s highways department and that the anti-social behaviour witnessed by local residents be further investigated by the Environmental Protection Team.
Members adjourned the meeting at 3.55pm to deliberate and reconvened at 4.10pm.
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 merit. The Sub Committee had carefully considered all of the evidence before them and considered written and verbal representation from both the Applicant and his Legal Representative and heard objections from two local residents present at the meeting with particular regard to the two licensing objectives of the prevention of public nuisance, and the prevention of crime and disorder.
Members noted the premises are situated close to the A12 and attracted a considerable amount of anti-social behaviour, from club revellers from a nearby nightclub as well as from groups of motorbike and quad bike riders. Issues such as noise disturbance and urination in the public highway are common occurrences, which exacerbated the quality of life for local residents. However Members noted the fact the Applicant had operated the garage for more than 20 years and had invested in rebuilding the convenience store and forecourt.
Members recognised that the area was a residential area and therefore accepted that a late licence could cause potential increase in public nuisance for residents in an area which already experiences high levels of nuisance. However, Members also noted the efforts made by the Applicant to alleviate the concerns of residents by offering to display notices around the premises requesting customers to respect the needs of local residents and to leave the area quietly and in particular to meet with Mr Dover who lived directly next to the premises to discuss ways in which any further public nuisance (which may potentially be linked to the premises) can be mitigated in the future.
Members welcomed the efforts made by the Applicant by offering conditions in their operating schedule and accepting a reduction in hours for sale of alcohol as agreed with the Environmental Health Officer. However, Members were of the view that a further reduction in the hours in line with the Council’s Framework hours would be more appropriate for the area in which the premises are situated.
Members reached a decision and the decision was unanimous. Members granted the application subject to the Council’s framework hours and imposed conditions which would help promote the licensing objectives.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New of the Premises Licence for Shell, 445 Wick Lane, London E3 2TB be GRANTED with conditions.
Sale of Alcohol – (off sales only)
Monday to Thursday, from 06:00 hours to 23:30 hours
Friday and Saturday, from 06:00 hours to 00:00 hours (midnight)
Sunday, from 06:00 hours to 22:30 hours
The Provision of Late Night Refreshment
Monday to Sunday, from 23:00 hours to 05:00 hours
The opening hours of the premises
Monday to Sunday, 24 hours a day
Conditions
1.1 A suitable and sufficient CCTV system with recording facilities will be in place at site and will operate at all times the premise
1.2 is open for licensable activities. Images will be retained for a period of no less than 31 days. Access to the equipment and recordings will be provided to the Police or other relevant officers of a responsible authority within 24 hours of the request being made.
1.3 Staff will be trained with regard to their responsibilities in the retail sale of alcohol and regular refresher training will also be undertaken (minimum of every 6 months). Written training records can be made available for inspection upon reasonable request by the Police or other relevant officers of a Responsible Authority.
1.4 A refusals log will be operated and maintained and will be produced to a relevant officer of the Police or other relevant officers of a responsible authority upon reasonable request.
1.5 An incident log will be operated and maintained and will be produced to a relevant officer of the Police or other relevant officers of a responsible authority upon reasonable request.
1.6 A Challenge 25 policy will be operated at the premise. Acceptable forms of identification are a passport, photo-card driving licence and PASS accredited identification card.
1.7
Spirits (with the exception of spirit
mixers and premixed spirit drinks) will be located behind the
counter.
1.8 The Premises Licence holder shall be permitted to display bulk stacks, wine towers and chilled promotional offerings throughout the store that may not necessarily be shown on the plan. The locations may be subject to change but will be contained within the red lined licensable area shown on the plan attached to the Premises Licence. The display of bulk stacks will not be located where they may impact on the ability of customers to use exits or escape routes without impediment.
1.9
Between the hours or 23.00 and 06.00 each
day the site will operate a closed door policy with all service
taking place through the night pay hatch.
1.10 Lager and Cider with an ABV in excess of 6.5% will not be sold with the exception of any premium or handcrafted products.
1.11 Clearly legible notices shall be displayed at all exits and around the Premises and the forecourt requesting patrons to respect the needs of local residents and to leave the premises and area quietly;
1.12 Clearly legible notices displayed inside the premises informing customers that toilet facilities are available for customer use.
Supporting documents:
- Shell cover report, item 4.1 PDF 95 KB
- Shell Appendices Only, item 4.1 PDF 3 MB
- Supporting Documents from residents, item 4.1 PDF 2 MB