Agenda item
Application for a new Premise Licence for Sainsbury's, 70 Wapping Lane, London E1W 2RD
Licensing Objectives:
· The prevention of public nuisance
Representations by:
- Residents
St Katherine’s & Wapping Ward
Minutes:
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 licencing 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 the oral representations at the meeting in person from the Applicant, and the written representations which were submitted in the agenda pack by residents.
Applicant
The Sub-Committee considered an application for a new premises licence by the Applicant, made through its agent, Robert Botkai, in respect of Sainsbury’s 70 Wapping Lane London E1W 2RD. The Applicant has described this a convenience store The Applicant was seeking the following:
Sale of Alcohol (off sales only)
Monday – Sunday 07:00 hours – 23:00 hours
Opening times
Monday – Sunday - 24 hours/unrestricted
Mr Botkai presented to the Sub-Committee that the Applicant’s staff training would focus on implementing Challenge 25, and there would be a tills prompt system. The Sub-Committee noted that there would be no parking on the high street and that there would be an allocated delivery bay.
The Sub-Committee noted that there were no objections by any of the responsible authorities, and that conditions proposed by Environmental Protection were agreed with the Applicant. Although residents had expressed concern over increased footfall leading to crime and disorder, the Applicant was aware that this was a special area with a real sense of community, Mr Botkai expressed to the Sub-Committee that a Sainsburys would be beneficial and positive alongside the other existing businesses. The Sub-Committee noted that there was no objection from the police. The Sub-Committee noted the representation which was read out by Mr Botkai in support of the application and a national chain.
Resident and Business Representation
Mr Milton who spoke on behalf of the residents addressed the Sub-Committee that there were concerns with the hours, and the square footage was so small that it accumulates disruption to the local community. The building itself was surrounded by double yellow lines, and there was a reduction on parking. The Community have lost four business in the area, there was a small green where people congregated and caused anti-social behaviour which was a concern. If existing businesses were forced to close the footfall would lessen. Existing businesses are already struggling, and there are two busy bus routes which would cause noise nuisance The Sub-Committee thanked Mr Milton for addressing the hearing and noted their concerns.
Mr Patel who has a local business in the area addressed the Sub-Committee with concerns that this particular area was saturated, having a national chain present would introduce more alcohol to the area, there were already four public houses and a restaurant. The demographic in this area were of a younger generation with young children, which would potentially cause public nuisance with the sale of alcohol. Mr Patel explained that a petition had been submitted with a hundred and fifty signatures which included businesses and residents, Wapping operated a bus gate which local businesses have had to comply with. If this application were to be granted a known big chain would be able to pay the rent and rates whilst local businesses shall suffer with the cost-of-living crisis. The Sub-Committee thanked Mr Patel for his contribution and noted the concerns.
Decision
The Sub-Committee took into account the fact that the premises are not in a cumulative impact zone, and that therefore, they need only be satisfied that there was no evidence that the application, if granted, would not undermine any of the above licensing objectives. Therefore, representations that granting the application would saturate the area could not be considered relevant, with regard to the Council’s Statement of Licensing Policy and the Secretary of State’s guidance. On the same basis, the Licensing Sub-Committee does not have the legal remit to factor into its decisions, matters like the impact on the character of the area and the effect on other businesses, which do not directly relate to any of the above four licensing objectives.
Paragraph 4.6 of the Council’s Statement of Licensing Policy says that implementation of that policy must be consistent with those four licensing objectives. Paragraph 9.38 of the Secretary of State’s statutory guidance points the Licensing Sub-Committee to determining applications with reference to the licensing objectives and the local authority’s Statement of Licensing Policy.
The Sub-Committee found that on the balance of probabilities, there was no evidence that the application, if granted, would undermine any of the licensing objectives.
Therefore, Members made a unanimous decision to grant the application.
Accordingly, the Sub-Committee unanimously;
RESOLVED
That the application for a new premises license in respect of Sainsbury’s 70 Wapping Lane, London E1W 2RD
be GRANTED with conditions: -
Conditions consistent with the Operating Schedule
1. The licence holder will ensure that the premises benefit from a CCTV
system that operates at all times when licensable activities are taking
place.
2. The system will incorporate a camera covering each of the entrance
doors and the main alcohol display area and will be capable of
providing an image which is regarded as identification standard. The
precise positions of the cameras may be agreed, subject to
compliance with Data Protection legislation, with the police from time
to time.
3. The system will incorporate a recording facility and any recording will
be retained and stored in a suitable and secure manner for a
minimum of 30 days and will be made available, subject to
compliance with Data Protection legislation, to the police for
inspection on request.
4. The system must be able to export recorded images to a removable
means e.g. CD/DVD and have its own software enabled to allow
playback/review.
5. A member of staff trained in the use of the CCTV system must be
available at the premises at all times that the premises are open to the
public.
6. The system will display, on any recording, the correct time and date of
the recording.
7. The applicant will at all times maintain adequate levels of staff and
security. Such staff and security levels will be disclosed, on request,
to the licensing authority and police.
8. Signage will be displayed at the exit of the premises requesting
customers leaving the premises late at night to do so quietly and with
consideration so as not to disturb nearby residents.
9. The premises licence holder will ensure that an age verification policy
will apply to the premises whereby all cashiers will be trained to ask
any customer attempting to purchase alcohol, who appears to be
under the age of 25 years (or older if the licence holder so elects) to
produce, before being sold alcohol, identification being a passport or
photocard driving licence bearing a holographic mark or other form or
method of identification that complies with any mandatory condition
that may apply to this licence.
Conditions agreed with Environmental Protection
1. No collections of wate or recycling materials (including bottles) from the premises shall take place between 22:00 hours and 07:00 hours on the following day.
2. No deliveries to the premises shall take place between 22:00 hours and 07:00 hours the following day.
Supporting documents: