Agenda item
Application for a Premises Licence for Vish Convenience Store, 59 Commercial Street, London E1 6BD
Minutes:
At the request of the Chair, Ms Lavine Miller-Johnson, Licensing Officer, introduced the report which detailed an application for a new premises licence for Stop and Shop, 59 Commercial Street, London E1 6BD. It was noted that objections had been received by officers on behalf of Licensing Authority and Environmental Health.
At the request of the Chair, Mr Surendar Panchal, Licensing Agent for the Applicant, explained that the applicant had 4-5 years of experience of operating an off licence. The applicant had taken over the lease of the premises not knowing that there was no premise licence. It was noted that the applicant was of good character and would be following the licensing objectives robustly. Mr Panchal explained that the premises had recently been refurbished, the applicant would join the local pubwatch scheme and would work with responsible authorities to uphold the licensing objectives. He said that he had consulted with the police and had agreed to a number of conditions detailed in the report. He said that the applicant had been operating with temporary event notices with no problems and there have been no complaints.
At the request of the Chair, Ms Kathy Driver, Licensing Officer explained that the premises had previously been reviewed by trading standards for selling counterfeit cigarettes and nitrous oxide gas canisters and in January 2021 the licence was revoked. An application for a premises licence was applied for in June 2021 and the application refused.
She also raised concerns about the history of the premises and the potential for previous customers to come and pressurise the applicant to meet previous demands. There were also concerns about granting an application so soon after revocation. It was also noted that there was a large number of hostels and vulnerable residents living nearby and the need to be mindful of the area.
Members then heard from Ms Nicola Cadzow, Environmental Health Officer, she said having reviewed the application, there was insufficient information in the operating schedule of the licensing application to show how the applicant would promote the licensing objective for the prevention of public nuisance, particularly when considering that the application was for an additional premises license in the CIZ. She also stated that there were residential premises in close proximity and likely concerns of noise breakout from the premises affecting neighbouring residents.
In response to questions from Members the following was noted;
- That the applicant had 10 years of experience of studying and working in the area, and had undertaken the personal licence training.
- That any intoxicated person would be refused sale.
- That he was unaware that the premises licence had been revoked when he first got the lease of the premises.
- That there was a basement under the premises, which operated as a beauty parlour which was a separate business and run by a different operator.
- That they have a CCTV camera system in operation which can be downloaded and provided to officers on request.
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 in person and virtually made by the Applicant, his Legal Representative and Officers representing the Licensing Authority and Environmental Health objecting to the application.
The Sub-Committee considered an application by Dilantha Wedamunige for a new premises licence to be held in respect of Vish Convenience Store, 59 Commercial Street, London, E1 6BD (“the Premises”). The application sought authorisation for the sale by retail of alcohol from 09:00 hours to 23:00 hours Monday to Saturday and from 10:00 hours to 22:30 hours on Sunday. All sales would be for consumption off the Premises.
The application attracted representations from the Licensing Authority and the Environmental Health Service. These were based predominantly on the prevention of public nuisance and the fact that the Premises were located in the Brick Lane CIZ. The Licensing Authority’s representation also referred to the previous history of the Premises.
The Applicant and his representative told the Sub-Committee that he had been misled by the former owner as to the premises licence. It was only after he had purchased the property that he found that the licence had been revoked. The freeholder had then applied for the licence as the Applicant did not hold a personal licence qualification at that time. That application had been refused. The applicant had now obtained his personal licence. The Applicant had agreed additional conditions with the Police and had sought to engage with Environmental Health, to which no response had been received. The Applicant had offered to reduce the terminal hour on Monday to Saturday to 22:30 hours and had offered some additional conditions to try to address those concerns.
The Applicant informed the Sub-Committee that several Temporary Event Notices (TENs) had been given during May 2021. No objections had been made to those by the responsible authorities nor had there been any concerns arising.
Ms. Driver, on behalf of the Licensing Authority, explained her concerns related not just to the CIZ itself but the previous history of the Premises. The licence had been revoked due to illicit tobacco and nitrous oxide sales. She said that the authority was concerned that the previous clientele may attend and seek to pressure the new owners to undertake similar activity.
Ms. Cadzow, on behalf of Environmental Health, spoke to her representation, which referred to the risk of noise breakout from the premises and that she would have expected the Applicant to have suggested conditions to address the licensing objectives.
The Sub-Committee noted that the burden lay with the Applicant to show that there would be no adverse impact on the CIZ. The Sub-Committee had been told that it was a convenience store selling groceries as well as alcohol and the hours sought both in the original application and as amended were within Framework hours. The Sub-Committee further noted that there had been TENs given and these had not been objected to nor, apparently, given rise to any concerns. Whilst not determinative they at least gave some indication as to whether this Premises would adversely impact on the CIZ.
The Sub-Committee was not convinced that the previous clientele would be likely to attend and put pressure on the new owner to obtain illicit goods. Whilst the previous history can be relevant, there was nothing before the Sub-Committee to suggest that those activities tended to be carried on despite changes in management.
Similarly, the Sub-Committee did not consider that the grant of a licence would add to additional noise or other concerns when patrons left the Premises, particularly given the reduction in hours. The Applicant had proposed an operating schedule that addressed the concerns that tended to arise and had also included conditions banning the former licence holder from the Premises. The Sub-Committee was satisfied that there would not be an adverse impact on the licensing objectives within the CIZ if this application were to be granted with the various conditions and amendments. The Applicant had agreed a condition with the police that no licensable activity was to take place until the licence had been issued. The Sub-Committee did not consider that condition to be appropriate and proportionate for the promotion of the licensing objectives.
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for a New Premises Licence for Vish Convenience Store, 59 Commercial Street, London E1 6BD be GRANTED with conditions.
Sale by retail of alcohol – (off sales only)
Monday to Saturday, from 09:00 hrs to 22:30 hrs
Sunday, from 10:00 hrs to 22:30 hrs
The opening hours of the premises
Monday to Saturday, from 09:00 hrs to 22:30 hrs
Sunday, from 10:00 hrs to 22:30 hrs
Conditions
1. The premises shall install and maintain a comprehensive CCTV system as per theminimum requirements of the Tower Hamlets Police Licensing Team. All entry and exitpoints will be covered enabling frontal identification of every person entering in any lightcondition. The CCTV system shall continually record whilst the premises is open forlicensable activities and during all times when customers remain on the premises. Allrecordings shall be stored for a minimum period of 31 days with date and time stamping.Viewing of recordings shall be made available immediately upon the request of Police orauthorised officer throughout the entire 31 day period.
2. A staff member from the premises who is conversant with the operation of the CCTVsystem shall be on the premises at all times when the premises are open. This staffmember must be able to provide a Police or authorised council officer copies of recentCCTV images or data with the absolute minimum of delay when requested.
3. There shall be a personal licence holder on duty on the premises at all times when thepremises are authorised to sell alcohol.
4. When the designated premise supervisor is not on the premises any or all personsauthorised to sell alcohol will be authorised by the designated premises supervisor inwriting. This shall be available on request by the Police or any authorised officer.
5. There shall be signage displayed in the customer area to advise that CCTV is in operation.
6. Should the CCTV become non-functional this will be reported immediately to the Licensing Authority.
7. An incident log shall be kept at the premises, and be available on request to the Police oran authorised officer. It must be completed within 24 hours of any incident and will recordthe following:
a) all crimes reported to the venue;
b) all ejections of patrons;
c) any complaints received concerning crime and disorder
d) any incidents of disorder;
e) any faults in the CCTV system, searching equipment or scanning equipment;
f) any visit by a relevant authority or emergency service.
- As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local pub watch or other local crime reduction scheme approved by the police.
- All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
- No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, expect for premium beers and ciders supplied in glass bottles.
- Spirits should not be sold in bottles of less than 25cl/250ml
- No single cans or beer bottles, lagers stouts, ciders and alcohol pops shall be sold
13. There shall be no self-service of spirits on the premises.
14. Spirits shall be located behind the counter. All other alcohol (e.g. beer, lager, cider) for sale is to be displayed in a position that is not obscured from the constant view of cashier / staff by fixtures.
- All goods, including those subject to duty payments i.e. alcohol and tobacco product will be brough from cash and carry only on invoices and they will be available upon request. All alcohol will be purchased from AWRS registered cash & carry or wholesalers.
16. No alcoholic drinks or tobacco shall be purchased by the premises from unannounced sellers calling at the premises.
17. Any litter outside the premises shall be cleaned up at the end of day.
- Bins will be provided for customers and locals passing by to throw rubbish away.
19. No deliveries will be made to the premises between 19:00 hours and 08:00 hours.
20. Mr Ashok Thakur shall not be allowed to enter the property. No members of the Thakur family shall be allowed on the property.
- Notices shall be prominently displayed at all exits requesting patrons to respect the needs of localresidents and businesses and leave the area quietly.
- A challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
23. The licensee shall prominently display notices advising customers of the “Challenge 25” policy
- The licensee shall ensure that each member of staff authorised to sell alcohol is fully aware of his/her responsibilities in relation to verifying a customer’s age and is able to effectively question purchasers and check evidence of proof of age. The licensee to ensure that each member of staff authorised to sell alcohol is sufficiently capable and confident to confront and challenge under – 18s attempting to purchase alcohol.
25. The licensee shall keep a register of refused sales of all age-restricted products (refusals book). The refusals book shall contain details of time and date, description of the attempting purchaser, description the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the sales person refusing the sale.
- Refusals book shall be examined on a regular basis by the licensee and the date and time of each examination to be endorsed in the book.
- The Refusals Book to be kept on the licensed premise and made available for inspection by the Licensing Officer, Trading Standards Officer or the Police.
Supporting documents:
- Vish cover report, item 4.3 PDF 432 KB
- Vish Appendices Only, item 4.3 PDF 6 MB
- Vish Supporting Doc - Applicant, item 4.3 PDF 265 KB