Agenda item
Licensing Act 2003 Application for a new Premises Licence for Caligan Limited. 459 Railway Arch, Robeson Street, London, E3 4JA
Minutes:
At the request of the Chair, the Applicant’s Solicitor, Mr Adam Shaw stated that Caligan Limited was an e-commerce business who was seeking a sale of alcohol licence to supply and deliver alcohol directly to customers at residential or businesses addresses. He referred members to the supplemental agenda which set out their additional submissions. Mr Shaw said the objection lodged by the residents was out of time, regardless of which council office address the petition was sent to, and therefore should not be allowed as evidence and the objectors’ representations were therefore out of time. However, if Members were minded to accept the objectors’ representations as being made in time then Mr Shaw submitted that the objectors had misunderstood the nature of the application. This was an e-commerce business which would not be selling alcohol directly to members of the public. The sales would be strictly off-sales, with no member of the public able to gain access to the premises. Mr Shaw stated his client had agreed to all the conditions put forward by the responsible authorities and did not believe the business would not attract crime or disorder or give rise to public nuisance.
The Sub-Committee then heard from Mr Abid Rahman, the lead petitioner and objector, who described the anti-social behaviour experienced in the area, and stated the objectors were not against the new business but the use of third-party delivery companies that were going to be used for the despatch and delivery of alcohol to customers. Mr Rahman stated it could not always be guaranteed that delivery drivers carried out Challenge 25 checks or delivered only to residential or business addresses. He described how the Apps second guess the area or location for delivery and how orders can be intercepted before reaching their intended destination. Mr Rahman said anti-social behaviour and crime and disorder was a daily occurrence in the area and local businesses had a moral obligation to ensure safety and prevention of public nuisance.
In response to questions from Members the following was noted:
- Third-party delivery companies and postal services were the intended method of delivery for the sale of alcohol.
- Challenge 25 would be applied at the point of delivery, and age verification checks would be undertaken.
- Due diligence in relation to the despatch and delivery of the alcohol by the third-party delivery services, was part of the signed contract with the companies providing those services, and therefore the onus to ensure items were delivered only to residential or business addresses and Challenge 25 applied at the point of delivery was those companies’ responsibility.
- The premises is currently operating as a warehouse, for the Applicant’s other business.
- Delivery drivers would be asked not to idle their engines. There will be notices displayed to state this. The business intends to operate within the framework hours of 7:00 hours and 23:00 hours.
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 the evidence before them and heard oral representations at the meeting made by the Applicant’s solicitor and the Lead Petitioner representing the objectors.
The Sub-Committee noted the Applicant was seeking a new premises licence for the off sale of alcohol as part of their e-commerce business. The Sub-Committee noted that the premises would not be open to the public and intended to operate between 07:00 -23:00 hours, seven days a week.
The Sub-Committee noted the concerns of the objectors, whose primary concerns arose from the Applicant’s proposed use of third-party delivery services and their Apps, for the despatch and delivery of alcohol. The objectors stated this would further add to the anti-social behaviour experienced in the area, which had been a persistent problem for many years. The Sub-Committee considered that a licensing applicant’s responsibilities are limited to the immediate vicinity of the premises, and for an e-commerce business, this would involve conditions to govern the sale of alcohol up to the point of delivery, but beyond that, the Applicant could not be held responsible for the actions of others, such as customers who had received delivery and third-party delivery companies. The Sub-Committee were satisfied that the conditions offered by the Applicant would support the four licensing objectives and address any concerns over noise nuisance, crime and disorder.
The Sub-Committee could only proceed on the basis of evidence before it, rather than speculative comments on what may happen following the grant of an application.
Therefore, Members made a unanimous decision to grant the application with conditions.
Accordingly, the Sub Committee unanimously
RESOLVED
That the application for a new Premises Licence for Caligan Limited, 459 Railway Arch, Robeson Street, London E3 4JA be GRANTED with conditions.
Opening Hours:
Monday – Sunday 06:00 – 23:00 hours
Premises are not open to the public
Sale of Alcohol (off sales)
Monday – Sunday 07:00 – 23:00 hours
Conditions
1. No access to the public.
2. The supply of alcohol shall be by way of delivery only.
3. The Applicant shall notify the Licensing Authority of the digital platform(s) used for the sales of alcohol and any changes to those platforms.
4. No deliveries from or to the premises shall take place between 23:00 hours and 07:00 hours on the following day.
5. All off-sales are to be in sealed containers.
6. Alcohol shall only be delivered to a residential or business address and not to a public place.
7. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Tower Hamlets Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings 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 or authorised officer throughout the entire 31-day period.
8. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
9. 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 person executing the delivery will carry out age verification on delivery.
10. The customer will be required to declare that he or she aged 18 or over. If the person executing the delivery is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld.
11. A signature at the point of delivery must be obtained. No delivery shall be left without a signature.
12. Every third-party courier delivery box shall be labelled with the words “Age Restricted Product” or be readily identifiable as an age restricted product to the person delivering it.
13. The applicant and his agents shall adopt a "Challenge 25" policy where all customers accepting deliveries who appear to be under the age of 25 will be asked for proof of their age before that delivery can take place. The following proofs of age are the only ones to be accepted.
· Proof of age cards bearing the "Pass" hologram symbol
· UK Photo Driving licence
· Passport.
14. The licensee shall keep a log of all refused sales. The log will contain the details of the time and date, personal details provided by the attempting purchaser, description of the products they attempted to purchase and the reason why the sale was refused. The refusals log is to be made available for inspection by any responsible authority.
15. No idling of vehicles, being delivery vehicles outside the premise whilst premise is in operation.
16. 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 public nuisance.
Supporting documents:
- RobesonSt.Arch459, item 4.1 PDF 274 KB
- RobesonSt.Arch459.APP.RED, item 4.1 PDF 5 MB
- Caligan Ltd information and representations- final, item 4.1 PDF 362 KB