Issue - meetings
Licensing Act 2003: Application for a New Premises Licence for Shell, 139-149 Whitechapel Road, E1 1DT
Meeting: 27/04/2017 - Licensing Sub Committee (Item 4)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Metropolitan Police
· Environmental Protection
· Local resident
Additional documents:
Decision:
DECISION
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered the written and verbal representations made by the legal representative on behalf of the applicant and those of the two responsible authorities (Metropolitan Police and Environmental Protection) and a resident on behalf of SPIRE who had objected to the application. The Sub-Committee noted that:
- The representations from Environmental Protection and Metropolitan Police concerned issues of crime and disorder and representations from all objectors concerned public nuisance that could arise from the licensable activities the applicant intended to provide.
- The applicant had offered conditions in the application and at the meeting offered reduced the hours during which off sales of alcohol would take place.
- The revised application fell within the Council’s licensing policy.
Members heard from the legal representative on behalf of the applicant that:
- Shell Oil Products Ltd was a reputable national organisation which had successfully implemented the type of arrangement applied for in other parts of the country without incurring reviews of premises licenses or enforcement action.
- Shell operated a comprehensive company-wide training scheme for its forecourt staff.
- Shell was willing to reduce the hours for sale of alcohol
applied for
- from 24hours Sunday – Saturday
- to Sunday - Saturday 06.00 – 23.00hrs for off sales of alcohol and Sunday – Saturday 23.00 – 06.00hrs for sales of late night refreshment (hot drinks only via serving hatch).
- It was noted a licence is only required up to 5am for late night refreshment
- the premise was not located in the Cumulative Impact Zone and therefore the application should be considered on an ‘aim to permit’ basis in accordance with legislation.
- The premise was a petrol station already offering 24 hour refuelling and sale of groceries, the addition of alcohol sales and late night refreshment was to cater for shift workers and offering convenience to those who wished to buy alcohol for consumption elsewhere, at home or social events.
- Although Police and Environmental Protection had objected on the grounds that there would be an increase in crime and disorder and public nuisance because a number of hostels were located in the vicinity which accommodated vulnerable people, the conditions offered together with the Company’s own due diligence would mitigate potential antisocial behaviour issues on the premises.
- The sale of alcohol was not intended to attract additional custom (a number of other licensed premises already operated in the vicinity) but to offer customers greater convenience.
- Only quality and speciality beers would be stocked.
- The primary offer of the premise would remain fuel and groceries
Members then considered:
· the written representation on behalf of SPIRE which concerned antisocial behaviour problems caused by late night drinking
· and the written and verbal representations made by the Metropolitan Police ... view the full decision text for item 4
Minutes:
DECISION
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub-Committee had carefully considered the written and verbal representations made by the legal representative on behalf of the applicant and those of the two responsible authorities (Metropolitan Police and Environmental Protection) and a resident on behalf of SPIRE who had objected to the application. The Sub-Committee noted that:
- The representations from Environmental Protection and Metropolitan Police concerned issues of crime and disorder and representations from all objectors concerned public nuisance that could arise from the licensable activities the applicant intended to provide.
- The applicant had offered conditions in the application and at the meeting offered reduced the hours during which off sales of alcohol would take place.
- The revised application fell within the Council’s licensing policy.
Members heard from the legal representative on behalf of the applicant that:
- Shell Oil Products Ltd was a reputable national organisation which had successfully implemented the type of arrangement applied for in other parts of the country without incurring reviews of premises licenses or enforcement action.
- Shell operated a comprehensive company-wide training scheme for its forecourt staff.
- Shell was willing to reduce the hours for sale of alcohol
applied for
- from 24hours Sunday – Saturday
- to Sunday - Saturday 06.00 – 23.00hrs for off sales of alcohol and Sunday – Saturday 23.00 – 06.00hrs for sales of late night refreshment (hot drinks only via serving hatch).
- It was noted a licence is only required up to 5am for late night refreshment
- the premise was not located in the Cumulative Impact Zone and therefore the application should be considered on an ‘aim to permit’ basis in accordance with legislation.
- The premise was a petrol station already offering 24 hour refuelling and sale of groceries, the addition of alcohol sales and late night refreshment was to cater for shift workers and offering convenience to those who wished to buy alcohol for consumption elsewhere, at home or social events.
- Although Police and Environmental Protection had objected on the grounds that there would be an increase in crime and disorder and public nuisance because a number of hostels were located in the vicinity which accommodated vulnerable people, the conditions offered together with the Company’s own due diligence would mitigate potential antisocial behaviour issues on the premises.
- The sale of alcohol was not intended to attract additional custom (a number of other licensed premises already operated in the vicinity) but to offer customers greater convenience.
- Only quality and speciality beers would be stocked.
- The primary offer of the premise would remain fuel and groceries
Members then considered:
· the written representation on behalf of SPIRE which concerned antisocial behaviour problems caused by late night drinking
· and the written and verbal representations made by the Metropolitan Police ... view the full minutes text for item 4
Meeting: 11/04/2017 - Licensing Sub Committee (Item 4.3)
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Metropolitan Police
· Environmental Protection
· Local resident
Additional documents: