Agenda item
Application to Review the Premises Licence for Bow Supermarket, 163-167 Devons Road, London E3 3QX
Licensing Objectives:
· The prevention of Public Nuisance
· The prevention of Crime and Disorder
Representations:
· Licensing Authority
Bromley South Ward
Minutes:
The Sub-Committee considered an application for a review of the premises licence held by Cem Yesil in respect of Bow Supermarket, 163-167 Devons Road, London, E3 3QX (“the Premises”). The licence authorises the sale of alcohol for consumption off the premises. The application was brought by the Licensing Authority and was triggered by sales being made from out of hours.
Applicant
The Sub-Committee heard from Ms. Holland, who set out the history. There had been out-of-hours sales in December 2021 and April 2022. Following the second purchase the Licensing Authority asked Mr. Yesil to add conditions to the licence as those on the licence, which had been “grandfathered” over when the Licensing Act 2003 came in to force, were not suitable. A minor variation had been submitted in August 2022 but contained an application to extend the hours, which cannot be achieved by way of a minor variation. When Mr. Yesil was advised of this, he was informed that a review would be brought to add conditions if a minor variation was not sought.
In November 2022, the variation had still not been sought. Ms. Holland contacted Mr. Yesil on 9th November, who explained he had had some family issues. He was again warned of the risk of a review. He told Ms. Holland that his solicitors would apply within the next couple of weeks. There had been no further contact.
Ms. Holland told the Sub-Committee that the applicant had now agreed the proposed conditions, albeit that there was an amendment being sought to one condition. That was to proposed condition 1, which required a personal licence holder to be present at all times; Mr. Yesil sought to have that apply from 15:00 hours. Ms. Holland had no objection.
Premises Licence Holder
Mr. Sutherland addressed the Sub-Committee on behalf of Mr. Yesil. He apologised for this review having been brought. He told the Sub-Committee that Mr. Yesil had instructed solicitors in August to deal with the variation and that they had let him down. Prior to that he had been in Turkey in June and July as his father had been very ill. It was only after the review application had been lodged that he realised his solicitors had let him down, following which he had instructed Mr. Sutherland. He agreed to the imposition of the conditions suggested, with a minor modification to condition 1 proposed by the Legal Adviser to the Sub-Committee.
Decision
The application engages the four licensing objectives. The Sub-Committee was content, given the agreed position, to adopt the course requested by both parties. The Sub-Committee considered that it would be disproportionate to take any stronger action when neither party suggested that was warranted in the circumstances and given that there were no further issues arising since April 2022. The Sub-Committee therefore grants the application for review and modifies the conditions of the premises licence as follows:
1. There shall be a personal licence holder on duty on the premises from 15:00 hours and at all times when the premises are open and carrying on licensable activity.
2. When the designated premises supervisor is not on the premises any or all persons authorised to sell alcohol will be authorised by the designated premises supervisor in writing. This shall be available on request by the Police or any authorised officer.
3. 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 Police or authorised officer throughout the entire 31 day period.
4. 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.
5. 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.
6. All alcohol shall be secured behind lockable grills/screens when the shop is open for business beyond the hours for licensable activities.
7. 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.
8. 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 to the police or authorised officer upon request.
9. There will be a prominent signage near the door to the premises reminding the customers to leave the area quietly.
10. All alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises or immediately outside.
Supporting documents: