Agenda item
Application for a New Premise Licence for Quick Commerce Limited, 28 Redchurch Street, London, E2 7DP
Minutes:
At the request of the Chair, Ms Corinne Holland, Licensing Officer, introduced the report which detailed the application for a new premises licence for Quick Commerce Limited, 28 Redchurch Street, London, E2 7DP. It was noted that objections had been received on behalf of officers representing the Licensing Authority and Environmental Health.
Mr Robert Botkai, Legal Representative on behalf of the Applicant, explained the new and interesting business concept. He explained that the premises was a dark store operating as an App based company, selling mini supermarket goods, with no external signage and no customer access. He explained the business concept, where an order is made via the app and then delivered to a residential or business address, and not to any open space. He explained that the riders (delivery drivers) would be employed directly by the company, offering them employee incentives, and highlighted that this aspect was important as it was not like other companies. Mr Botkai explained that riders had a waiting room with toilet facilities, coffee machines and sofas. The riders will be using company e-bikes to deliver goods; these bikes were silent and therefore no idling or noise was caused by the bikes.
The Applicant, Mr Joseph Falter, gave a brief history of his qualifications and experiences in operating a business with e-delivery as a large scale operation. He said the ‘ZAP’ app would ensure all riders are entitled to sick pay, pension and paid above the London living wage.
It was noted that the Applicant had consulted with the Police who did not object to the application and there were no objections from residents. Mr Botkai addressed the impact on the Cumulative Impact Zone (CIZ) policy. He submitted that the grant of a licence would in fact reduce the impact. With no customer accessing the store, customers would be staying at home and in turn not contributing to cumulative impact in the area. It was noted that the business had been operating 24 hours since March 2021 using Temporary Event Notices. There had been no complaints and the business had very good practices in place. It was noted that the company could in fact deliver goods 24 hours without a licence but a licence was being sought to include the sale of alcohol. In conclusion, Mr Botkai stated that the premises would not add to the CIZ and would be reducing the impact of customers frequenting the area as people would stay at home and stay safe.
Members then heard from Ms Kathy Driver, Licensing Officer, who explained that the area was saturated and any application in the CIZ is to be refused unless the Applicant can demonstrate that their premises would not negatively impact the area. She raised concerns on the potential noise from riders entering and exiting the premises during the noise sensitive hours as the business will be utilising the outside area 24 hours a day which would further impact residents.
Ms Driver asked that there be clarity on deliveries of goods in the proposed conditions and for the Applicant to notify Licensing Services of the platform that will be used for age verification for the sale of alcohol.
Members also heard from Ms Nicola Cadzow, Environmental Health Officer, who referred to her representation on page 166 and stated that there were residents in Redchurch Street who would be affected by a 24-hour licence. She acknowledged that there had been no noise complaints during the TENs, however, she believed the circumstances were different due to lockdown. She was concerned that if a licence was to be granted for a 24-hour licence this would set a precedent for future applications.
In response to questions from Members, the following was noted:
· Riders were trained on highway rules and regulations and could be tracked by GPS.
· E-bikes would be used, which were silent.
· The deliveries would be within a 2 km radius and the company would aim to deliver within 20 minutes.
· The critical part of the operation was a 24 hour service following demand from customers.
· The Applicant believed there was less likely to be crime and disorder as it was delivering to homes. It also believed that public safety was enhanced and noted that age verification checks were in place.
· There was a significant demand for this service, particularly from customers who can’t leave their homes.
· Approximately 7-10 riders could be accommodated in the waiting area.
· There would be no gathering allowed outside the premises
· Alcohol would make up approximately 1/3 of the orders.
· The Applicant would check with Environmental Health every 3 months to see if there were any complaints.
· The appropriate age verification checks would be applied on the App and upon delivery.
Concluding remarks were made by all parties.
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;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
Each application must be considered on its own merits. The Chair confirmed that the Sub-Committee had carefully considered all of the evidence before them and heard oral representations at the meeting made by the Applicant, the Applicant’s Licensing Representative and from the Responsible Authorities objecting to the application.
The Sub-Committee noted that the premises is in a cumulative impact zone (the CIZ). The cumulative impact policy creates a rebuttable presumption that, where relevant representations are received by one or more of the responsible authorities and/or other persons objecting to the application, the application will be refused.
The Sub-Committee noted that, under the Council’s Statement of Licensing Policy, the Applicant can rebut the above presumption if it can demonstrate exceptional circumstances and that the granting of the application would not negatively add to the cumulative issues already experienced within the CIZ.
The Sub-Committee noted the representations from the Licensing Authority and Environmental Health regarding the risk of noise nuisance and effect on the CIZ. It also noted their concerns about the existing levels of noise nuisance and anti-social behaviour in the area, the quality of life of local residents in the area and the risk of increased noise nuisance and disturbance which may potentially be caused as a result of a 24 hour business operation.
The Sub-Committee welcomed the efforts made by the Applicant in offering robust conditions, and also agreeing to a condition that all delivery drivers will be employed directly by the licence holder or the company. This gave Members assurance that the licence holder would have sufficient control to ensure riders’ compliance with the relevant licence conditions.
The Sub-Committee were satisfied that due to the nature of the business and its operation, with no customers frequenting the premises, together with the other conditions proposed, exceptional circumstances had been demonstrated to justify the grant of the premises licence in the CIZ. The Sub-Committee was of the view that that this premises would not add to the cumulative impact in the area and therefore was satisfied that the Applicant had rebutted the presumption against granting an application for a premises licence in the CIZ.
The Sub-Committee was satisfied that the granting of the licence would promote the licensing objectives and the conditions imposed would adequately mitigate the risk of public nuisance and crime and disorder.
Therefore, Members made a decision and the decision was unanimous. Members granted the application with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a New Premises Licence for Quick Commerce Ltd, 28 Redchurch Street, London E2 7DP be GRANTED with conditions.
Sale of Alcohol (off sales only)
Monday to Sunday from 00:00 hours – 24:00 hours (24 hours a day)
Hours premises are
open (no access to the public):
Monday to Sunday from 00:00 hours – 24:00 hours (24 hours a day)
Conditions
1. All delivery riders will be employed directly by the licence holder or a holding company of the licence holder.
2. Members of the public will not be allowed to enter the premises.
3. There shall be no signage on the outside of the premises or visible from the outside of the premises indicating the presence of alcohol or other convenience goods inside of the premises.
4. The sale of alcohol from the premises shall be for delivery only by a delivery rider.
5. A digital CCTV system will be installed, or the existing system maintained, such system to be fit for the purpose and to be to the reasonable satisfaction of the police. Any recording will be retained and stored in a suitable and secure manner for a minimum of 31 days and shall be made available, subject to compliance with Data Protection legislation, to the police for inspection within 24 hours of request.
6. The CCTV system shall be capable of producing immediate copies on site. Copies of recordings will either be recorded digitally on to CD/DVD or other equivalent medium.
7. The system will display, on any recording, the correct time and date of the recording. The CCTV system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.
8. All riders shall be trained to record refusals of sales of alcohol in a refusals log/register. This log/register will be available for inspection by a police officer or other authorised officer on request. The log/register will contain:
· details of the time and date the refusal was made;
· the identity of the rider refusing the sale;
· details of the alcohol the person attempted to purchase.
9. An incident log/register shall be maintained to record all incidents of crime and disorder occurring on delivery of products. This log/register will be available for inspection by a police officer or other authorised officer on request.
10. The premises licence holder shall not sell beer, lager or cider with an alcohol content over 6.5% ABV (alcohol by volume). This restriction shall not apply in respect of the specialist branded, premium priced products – for example craft ales, local or microbrewery specialist products, boxed gifts or national celebratory/commemorative beer, lager or cider.
11. There shall be no sale of spirits in vessels smaller than 35cl.
12. Delivery of alcohol shall be to a residential address or place of work.
13. Riders will be permitted to collect orders and deliver by pedal bike or electric bike only.
14. Riders will not be permitted to congregate or smoke in the immediate vicinity of the premises.
15. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 08:00 hours on the following day.
16. No deliveries of goods to the premises shall take place between 22:00 hours and 08:00 hours the following day.
17. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
18. The premises licence holder will ensure that an age verification policy will apply whereby all delivery riders will be trained to ask any customer to whom alcohol is delivered, who appears to be under the age of 25 years to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply to this licence.
19. All delivery riders shall receive training in age restricted sales. Induction training must be completed and documented prior to the delivery of alcohol by the rider. Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.
20. Training records will be available for inspection by a police officer or other authorised officer on request. Training records will be electronically stored by the licence holder for a period of 12 months.
21. A warning shall be displayed on the digital platform on which an order is placed informing customers that they must be aged 18 or over to make a purchase of alcohol and notifying customers that the rider will carry out age verification on delivery. The customer will be required to declare that he or she aged 18 or over. If the rider is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld.
22. The License Holder shall notify the Licensing Authority of the age verification platform used by the business and any changes in the platform used.
Supporting documents: