At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a new premises licence for Gopuff, 89 Hemming Street, London E1 5BW. It was noted that objections had been received from local residents in relation to the prevention of public nuisance and the prevention of crime and disorder.

 

At the request of the Chair, Mr Marcus Lavell, Legal Representative on behalf of the Applicants explained that they were seeking a 24-hour sale of alcohol licence for an online delivery only, app based business selling groceries to a specific catchment area.

 

He acknowledged the concerns raised by residents, and said that the external activities and observations made by residents from other delivery companies should not be used against these premises. It was noted that the current premises were 6000sqft, with an adequate delivery collection space, and an internal waiting lobby area for delivery drivers. He explained that the delivery drivers were directly employed by the company, and therefore assurances could be given that drivers would be under direct control by the business and would work and adhere to company policies.

 

It was noted that the premises would gererate 24 hours activity and would be operating with an electric fleet of bikes which would not generate noise nuisance. It was also noted that the sale of alcohol would accompany some of the orders placed. He said that there would  be no negative impact, but a positive effect as there would be more control over operation of the premises by way of conditions offered.

 

Members then heard from Mr Gurkan Oluc, Mr Rory Malone, Mr Luke Houston and Mr Hugh Lungmuss, local residents who expressed concerns around public nuisance and issues of public safety arising from delivery drivers. Particular examples were given of bad behaviour, littering and noise nuisance. It was noted that the premises were situated near a densely populated residential area and in close proximity to properties designed for disabled residents, wheelchair users etc and young families.

 

Experiences were shared about occasions where delivery drivers have blocked pavements not allowing wheelchair users and people with buggies the access to the pavement. It was also mentioned that the same operators operated from another site in Dunbridge Street, where similar concerns were experienced too. Residents also described occasions when there has been gridlocked traffic at nights with delivery mopeds and bikes using the pavements to drive through causing a danger to local residents.

 

It was noted that the area was a residential area, with young families, and disabled residents, and if a licence was granted, there was a likely risk that there would be trouble with access and egress, increase in traffic flow, congestion and public nuisance in particular noise nuisance. In general, the residents believed that the premises were not the appropriate location for the nature of the type of business in question.

 

In response to questions the following was noted;

 

-       That the premises could continue operating a 24-hour delivery service of products other than alcohol without being required by the Law to have a premises licence.

-       It was noted that the venue was a mixed-use site and a suitable venue for the nature of the business in question.

-       Page 153 of the agenda showed plans of where the bikes would be kept when not out on delivery. This area was inside the gated area and not on the pavement.

-       That the drivers had a waiting area where they would wait and pick up orders for delivery.

-       There would be control over the behaviour of drivers directly employed by the business, unlike other services who use third party delivery companies.

-       Delivery drivers would be directly employed by the company and be bound by their contract and conditions.

-       That Gopuff started operating in France and Spain in 2013 and started operating in England in 2020-2021.

-       That drivers would be given adequate training and would be subject to corrective actions and dismissal if any breaches are made. They would be required to stay inside the premises onsite when they are not making deliveries.

-       A robust set of conditions was proposed and detailed in the supplemental agenda.

-       The applicants were happy to have a condition to restrict the times for when deliveries of goods are made at the premises.

-       It was believed that the number of deliveries would increase if alcohol was available to order.

-       That contact details of the manager/area manager could be made available to residents to directly report any complaints or issues and that this could be made as a condition of the licence.

-       That if the licence is granted, and drivers are seen to congregate or smoke outside the premises causing disturbance, then the licence holder would be in breach of the licensing conditions, the premises licensee  can be fined/prosecuted, and the premises licence reviewed.

-       Drivers would be trained for the delivery of age restricted products and these were detailed in the supplemental agenda.

-       That it was a unique business, in that as it was not open to the public to attend in person, it would not be attracting people to the area or cause an increase in footfall.

 

Concluding remarks were made by both 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:

 

1. The Prevention of Crime and Disorder;
2. Public Safety;
3. The Prevention of Public Nuisance; and
4. The Protection of Children from Harm.

 

Consideration

 

The Sub-Committee considered an application for a new premises licence in respect of Gopuff, 89 Hemming Street, London E1 5BW (“the Premises”). The application sought to permit the sale of alcohol (off sales) Monday to Sunday 24 hours per day. The application attracted objections from some thirty local residents. These were predominantly concerned with the licensing objectives of the prevention of public nuisance and, to a lesser extent, the prevention of crime and disorder.

 

The Sub-Committee noted the concerns of local residents about increased noise nuisance particularly late at night, issues of additional delivery traffic in the area, and more congestion. The Sub-Committee also noted residents’ concerns about the existing levels of noise nuisance and anti-social behaviour in the area impacting the quality of life of local residents, and the additional noise disturbance likely to result from the 24-hour supply of alcohol. The Sub-Committee also noted, however, that some of the issues complained of, such as road traffic contraventions or drug users loitering in the area, were not linked to the Premises and were not within the control of the Premises. The fact that the Premises would not be open to the public would not attract people to the area seeking to buy alcohol from the Premises.

 

The Sub-Committee welcomed the efforts made by the Applicant in offering robust conditions, and also agreeing to a condition to restrict the timings for the delivery of goods to the premises. It was also noted that all delivery drivers will be employed directly by the company, which gave Members assurance that the Applicant would have direct control regarding delivery drivers compliance with licence conditions relating to deliveries and the conduct of delivery drivers.

 

The Sub-Committee appreciated the concerns expressed by residents. However, the Sub-Committee recognised that as the premises were already providing a delivery service in respect of non-alcoholic products, an aspect of the business which is outside the scope of licensing regulation, the Sub-Committee’s powers in relation to residents’ concerns were limited to the proposed supply of alcohol. A refusal of the application would not prevent the Applicant from operating its existing deliveries of non-alcoholic products and refusal would, in any event, not be proportionate.

 

The Sub-Committee was particularly concerned with the potential impact of the operation of the Premises outside of framework hours and late into the evening and the early hours. The area itself is mostly residential and there are no other late-night premises in the immediate vicinity. There were only three licensed premises nearby; one was under the railway bridge, which was adjacent to the Premises, and closed at 21:00 hours, and two were in Dunbridge Street, which was on the other side of the railway bridge. Of those, one was a 24-hour petrol station. The impact of those premises upon the residents of Hemming Street was thus limited to an extent.

 

However, the proximity of these Premises to residential properties did, in the Sub-Committee’s view, give rise to a greater risk of noise disturbance late at night. Some of the residents made specific reference to drivers congregating outside the business. Although a condition was offered up in that regard, it would not affect any drivers finishing their shift who then decided to remain in the area. There was also the possibility of drivers and riders playing music on their mobile phones and other devices whilst outside and upon leaving the Premises. The Sub-Committee also noted the concerns regarding traffic congestion and considered that at the later hours there was further risk of noise disturbance to residents such as from drivers sounding their horns    Whilst the Sub-Committee accepted that the Premises carry on non-licensable activity (subject to planning permission) outside of the framework hours, it considered there to be a real risk that orders placed late at night were predominantly going to be for alcohol and that the availability of alcohol risked increasing the number of orders placed later in the evening and thus lead to more delivery driver and rider traffic to and from the Premises late at night with an inevitable impact upon the local residents.

 

The Sub-Committee had regard to paragraphs 10.13 to 10.15 of the Statutory Guidance, which addresses hours for trading and which notes that “Licensing authorities are best placed to make decisions about appropriate opening hours in their areas based on their local knowledge and in consultation with responsible authorities.” Obviously, such decisions must be based on the merits of individual applications. Further, paragraph 10.15 is clear that whilst shops, supermarkets and stores should normally be free to sell alcohol throughout their hours of trading, this can be restricted where there are good reasons for doing so based on the licensing objectives. The Sub-Committee also had regard to section 14 of the Statement of Licensing Policy, in particular paragraphs 14.8-14.10.

 

The Sub-Committee considered that as far as its powers would permit, its decision would seek to mitigate the likely impact upon residents of the addition of alcohol to the range of products delivered by the Applicant, with particular regard to the licensing objective of preventing public nuisance, for the reasons set out above. The Sub-Committee therefore felt that whilst it was appropriate to grant the application, it was also appropriate and proportionate to reduce the hours permitted for licensable activity to the Council’s framework hours.

 

Therefore, Members made a decision and the decision was by a majority vote. Members granted the application with amendments and conditions.

 

Accordingly, the Sub Committee by a majority vote; 

 

RESOLVED

 

That the application for a New Premises Licence for Gopuff, 89 Hemming Street, London E1 5BW be GRANTED with amendments and conditions.   

 

Sale of Alcohol (off sales only) 

 

Monday to Thursday from 06:00 hours to 23:30 hours

Friday and Saturday from 06:00 hours to 00:00 hours (midnight)

Sunday from 06:00 hours to 22:30 hours

 

Hours premises are open

Monday to Sunday from 00:00 hours – 24:00 hours (24 hours a day)

         

Conditions

 

1.    All staff will be fully trained in their responsibilities with particular regard to the promotion of the licensing objectives regarding the sale of alcohol, and will be retrained every six months, with recorded training records kept for inspection.

 

2.    Members of the public shall not be allowed on the premises at any time.

 

3.    The licence and premises are to fulfil internet generated sales for delivery and no direct sales shall take place to the general public from the site.

 

4.    A CCTV system is in operation for the warehouse, to provide security and identify any person or persons causing or likely to be causing trouble. All images are stored for a period of 31 days after which they can be erased or saved at the request of the police. All existing security measures will remain in operation. All staff will be fully trained in the operation of the CCTV system to ensure it is operational during all the hours of trade. Images will be made available to the police or authorised licensing officer from the Council on request.

 

5.    A Challenge 25 age verification scheme will be used. ID will be required for deliveries to customers who do not appear to be at least 25 years old. They will be required to prove that they are at least 18 years of age, by way of photographic ID, either a passport or driving licence. The card used for purchase will also be checked against the ID provided. If there is any doubt by staff as to the age of the person or persons taking delivery, then the delivery of alcohol will not be made, and a full refund will be issued. Postal/ carriage deliveries will only be made once a verified payment method has been established, and the customer has confirmed they are 18 years of age or over when making the purchase.

 

6.    No idling of vehicles that are awaiting access to the premises or waiting to pick up a delivery.

 

7.    Alcohol shall only be delivered to a residential or business address and not to a public place.

 

8.    Only electric or pedal powered vehicles shall be used by delivery drivers/riders delivering products sold from the Premises, to customers.

 

9.    Delivery drivers waiting to collect customers’ orders for delivery, shall not be allowed to congregate outside the Premises (save in the event of a fire drill of fire evacuation) and shall be required by the Premises Licence Holder to wait inside the Premises.

 

10. No deliveries of goods to the premises shall take place between 19:00 hours and 07:00 hours the following day except for fresh bakery delivery.

 

11.A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

12.  All potential customers must verify on the payment page of the website that they are at least 18 years of age. If the applicant is in any doubt as to the age of the customer, they will only deliver the alcohol if the owner of the card that made the payment is present at the delivery address for the purpose of age verification. Orders will only be despatched to bona fide addresses.

 

13. All sales of alcohol for delivery must be paid for by credit card, debit card (pre- paid or otherwise) or electronic payment.

 

14. Details of the order (including the type, amount of alcohol, name and

 

address of the customer and delivery address if different) must be included with the order. The detail shall be shown on the electronic receipt provided to the customer.

 

15. All delivery drivers and riders must allow any police or authorised local authority officers to inspect any alcohol.

 

16. Deliveries only made to those over the age of 18 years.