Agenda item
Licensing Act 2003 Application for a new Premises Licence for Organic Grocery Store, 284-286 Poplar High Street, London, E14 0BB
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 Organic Grocery Store, 284 – 286 Poplar High Street, London E14 0BB. It was noted that an objection had been received from a local resident, in relation to the prevention of public nuisance.
At the request of the Chair, Mr Suleyman Solak, the Applicant explained the premises was operated by a new business, a convenience store, looking to sell organic fruit and vegetables, alcohol, and household products. Mr Solak said the premises had taken all the necessary precautions to ensure the licensing objectives would be upheld. Public notices advertising the Challenge 25 policy have been placed in the premises and CCTV had been installed. Mr Solak said his staff had been trained not to sell alcohol to those who were drunk or those who would cause anti-social behaviour. He said there would be no drinks promotions and they would fully cooperate with the responsible authorities.
Members then heard from the Objector, Ms Laura Spenceley, who said she lived directly above the premises. She said she already felt threatened by the anti-social behaviour of teenagers in the vicinity and felt unsafe when passing by them. Ms Spenceley said she was concerned about the late opening of the premises and the sale of alcohol until 23:00 hours.
In response to questions the following was noted;
– The objector was advised to speak to her landlord about the sale of the flats above the commercial property and her claim that the flats were sold on the premise that an alcohol led business would not be occupying the commercial space. It was made clear to the objector this was outside the remit of the Licensing Sub-Committee and therefore this could not be given consideration.
– The Applicant confirmed he had tried to meet with Ms Spenceley and had sent her two emails requesting a meeting. Ms Spenceley confirmed the Applicant had been in touch.
– The Applicant clarified the alcohol was not the core element of the business and said this would only make up 20 – 30% of the overall business revenue.
– The Applicant confirmed that he would be happy to reduce the sale of alcohol hours to the Council’s framework hours. The Objector agreed to this and said she did not object to the business, but was concerned about the selling of alcohol so late in the evening in light of existing local anti-social behaviour that she had experienced.
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:
- The Prevention of Crime and Disorder;
- Public Safety;
- The Prevention of Public Nuisance; and
- The Protection of Children from Harm.
Consideration
The Sub-Committee considered an application for a new premises licence in respect of Organic Grocery Store, 284-286 Poplar High Street, London E14 0BB (“the Premises”). The application sought a sale of alcohol (off sales) licence Monday to Thursday from 07:00 hours to 23:00 hours and Friday and Saturday from 7:00 hours to 00:00 hours (midnight). The application had received an objection from a resident living directly above the premises who was concerned about the opening times of the premises and the sale of alcohol late into the evening.
The Sub-Committee noted the concerns of the resident, who stated there were existing issues with anti-social behaviour in the area, with teenagers congregating in the vicinity and behaving in an anti-social manner. The objector said the selling of alcohol late in the evening, would exacerbate the problem.
The Sub-Committee considered the Applicant’s submission, who stated that this was a new business whose primary source of business would be the selling of organic groceries such as fruit and vegetables as well as household products. The Applicant stated the sale of alcohol would contribute 20%-30% of sales and said they would comply with the conditions offered up in the operating schedule. The Sub-Committee asked the Applicant if he would consider reducing the hours of operation to the legal framework hours, in particular for Sunday and asked if this would be acceptable to the business. Mr Solak agreed to this amendment, which was also acceptable to the objector.
Whilst the Sub-Committee sympathised with the objector’s concerns, the Sub-Committee considered that the low percentage of alcohol forming part of the overall sales, meant that this would not be an alcohol led business, which combined with the conditions offered up in the operating schedule and the above reduction in operating hours, should not lead to these premises exacerbating anti-social behaviour issues in the area.
Therefore, Members of made a decision and the decision was unanimous. Members granted the application, with reduced hours for the sale of alcohol, as per the Council’s legal framework hours.
Accordingly, the Sub-Committee unanimously;
RESOLVED
That the application for a new premises licence for Organic Grocery Store, 284-286 Poplar High Street, London E14 0BB be GRANTED with reduced operating hours for the sale of alcohol.
Sale of Alcohol (Off sales)
Monday to Thursday, from 07:00 hours to 23:00 hours
Friday and Saturday, from 07:00 hours to 00:00 hours (midnight)
Sunday, from 07:00 hours to 22:30 hours
Opening times
Sunday to Thursday 07:00 to 23:00 hours
Friday and Saturday 07:00 hours to 00:00 hours (midnight)
Conditions
- The premises shall install and maintain a comprehensive CCTV system. 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 the Police or an authorised officer throughout the entire 31day period.
- An incident log shall be kept at the premises and be available on request to the Police or an authorised officer. It must be completed within 24 hours of any incident and will record the following:
a) all crimes reported to the venue;
b) any incidents of disorder;
c) any faults in the CCTV system,
d) any refusal of the sale of alcohol;
e) any visit by a relevant authority or emergency service.
- There will be a prominent signage near the door to the premises reminding the customers to leave the area quietly.
- Deliveries to the premises shall only be made during normal working hours.
- Rubbish from the premises shall be securely stored in a bin in a designated area. No refuse, including bottles shall be placed outside the premises between 22:00 hours and 08:00 hours the following day.
- 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.
- A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer at all times whilst the premises is open.
- Children under the age of 14 years shall not be allowed to enter the premises after 21:00 hours unless accompanied by a person over the age of 18 years.
Supporting documents: