Agenda item
Application for Variation of a Premises Licence for City Supermarket, 389 Cambridge Heath Road, London, E2 9RA
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a variation of the premises licence for City Supermarket, 389 Cambridge Heath Road, London E2 9RA. The application was seeking to extend the hours for the sale of alcohol from 6:00 hours to 00:00 hours (midnight), seven days a week. It was noted that objections had been received on behalf of the Licensing Authority and Environmental Health.
The Sub Committee were advised that the Applicant was not present at the meeting and they had not been in contact with Democratic Services or Licensing Services. It was noted that the notification letter was sent to the Applicant 10 working days before the meeting via 1st class post to both the premises and home address. The agenda was also sent 5 working days before the meeting via 1st class post to both the addresses and copies of both the letter and agenda were also emailed to the Applicant’s email address. Despite these correspondences no communication had been made by the Applicant to this date.
Upon receiving this information, the Sub Committee decided to consider the application in the Applicant’s absence.
Members noted and considered the written application contained in the agenda pack.
At the request of the Chair, Ms Kathy Driver, Licensing Officer explained that the applicant had failed to address the licensing objectives in their application. She also highlighted the fact that the premises was within the Bethnal Green Cumulative Impact Zone and the effects of this. In addition Ms Driver explained that a visit was made at the premises on 7th October 2018 at 00:15 hours of which a bottle of cider was sold. Prior to the sale, the officer witnessed two females also purchasing beer. When the member of staff was approached after the sale, he advised that the premise was busy and therefore continued to sell. The staff member denied being the Designated Premises Supervisor (DPS) however when asked for ID, the driving licence was the same name as the DPS.
Ms Driver stated that there had been a breach of conditions and therefore not satisfied that the Applicant’s would abide by hours/conditions and therefore asked for the application to be refused.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer who said that the hours go beyond the Council’s framework hours and there was nothing in the operating schedule to convince her, how they would uphold the licensing objectives. She stated that there was a great likelihood of disturbance to residential properties at the noise sensitive hours. That the premise was within the CIZ and there was no sufficient noise mitigating measures in place to prevent noise generated from within or outside the premise.
The Chair stated that the Premise Licence Holder was not present at the meeting to answer any questions to alleviate their concerns relating the additional hours applied for and the out of hours sales made at the premises?
There were no further questions.
Members adjourned the meeting at 7.45pm to deliberate and reconvened at 7.55pm.
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 licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
The Sub Committee were advised that the Applicant was not present at the meeting and they had not been in contact with Democratic Services or Licensing Services. It was noted that the notification letter was sent to the Applicant 10 working days before the meeting via 1st class post to both the premises and home address, they were also emailed a copy of the letter. The agenda was also sent 5 working days before the meeting via 1st class post to both the premises and home address and they were also emailed a copy. Despite these correspondences no communication had been made by the Applicant to this date.
Upon receiving this information, the Sub Committee decided to consider the application in the Applicant’s absence.
Each application must be considered on its own merit. The Sub Committee had carefully considered all of the evidence before them and considered the application contained in the agenda pack and heard representations at the meeting from Officers representing the Licensing Authority and Environmental Health with particular regard to the licensing objectives of the prevention of public nuisance.
The Sub-Committee took into account the objectors’ concerns relating to Bethnal Green Cumulative Impact Zone, public nuisance, and anti-social behaviour in the area if the application were to be granted.
The Sub Committee considered that there was not sufficient evidence in the application to demonstrate the early/late trading hours would be strictly adhered considering the failed test purchase where alcohol was sold outside licensing hours.
Members reached a decision and the decision was unanimous. Members refused the application. The Sub Committee were not satisfied that the Applicant would comply with any additional hours/conditions, given the non-compliance with exiting conditions on the licence following the failed test purchase (out of hours sale). The Sub-Committee were of the view that on the balance of probabilities, the premises were more likely than not to negatively add to the area, in that the Sub-Committee was particularly mindful of the licensing objective of preventing public nuisance.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Variation of the Premises Licence for City Supermarket, 389 Cambridge Heath Road, London E2 9RA be REFUSED.
Supporting documents:
- City Supermarket cover report, item 4.2 PDF 107 KB
- City Supermarket Appendices Only, item 4.2 PDF 2 MB