At the request of the Chair, Ms Kathy Driver, Licensing Officer introduced the report which detailed the application for a new premises licence for Sainsbury’s Supermarket Limited for a premises licence in respect of Sainsbury’s, 409-413 Mile End Road, London E3 4PB. The application sought to allow the sale by retail of alcohol (off sales only) on Monday – Sunday from 07:00 hours to 23:00 hours.

It was noted that representations were received against the application from residents on the basis of preventing public nuisance, promoting public safety, and the protection of children from harm.

At the request of the Chair, Mr Robert Botkai, Legal Representative on behalf of the applicant presented the application as being a “seven to eleven” application for sale of alcohol. He explained that they did not seek to operate for 24 hours. It was noted that they had consulted with the responsible authorities and had agreed to conditions with the Police. Following this, there were no objections from any responsible authorities.

Mr Botkai referred to the objections made, and explained that they had control of the frontage of the premises which would be always kept tidy and free of litter whilst the premises was in operation. The Sainsburys delivery truck has been trialling deliveries, which have not presented any issues or traffic problems. He explained that most customers frequenting the store would be on foot minimising any addition to traffic. It was noted that the applicant had no control over the behaviour of individuals outside beyond the immediate vicinity of the premises, that the premises was not in a cumulative impact zone, that the hours applied for were within the Council’s framework hours,and that the premises were presented as being for the convenience of the community especially the local residents.

Members then heard from Mr Oliver Rouseau (on behalf of John White), Ms Gail Stevens and Mr David Berridge, resident objectors, who expressed similar concerns about the impact of licensed premises on a heavily residential area. Concerns were expressed that delivery lorries would impact public safety, and that the resultant increased footfall would lead to a rise in public urination. Objectors were concerned that limited parking was available for customers, except by vehicles stopping in the street outside and adjacent streets. Objectors feared increased drunkenness – there had been incidents in Rhondda Grove, including fights, which were frightening particularly for children. Objectors also queried the necessity for the purchase of alcohol at 07:00 hours.

Members also heard from Cllr. Natalie Bienfait who also shared similar concerns as the residents, and expressed how readily accessible alcohol was in the area, the traffic overflow that would lead onto residential streets causing public nuisance to residents.

In response to questions the following was noted: -

·       That there would be one lorry delivery a day which would not be in the early morning, with goods taken straight into the store over smooth surface reducing noise.

·       Lorry engines would not be left running during deliveries, and music would not be played from delivery lorry cabs.

·       The applicant did not propose selling high strength alcoholic drinks, and did not expect to sell large quantities of alcohol, which was to be offered for sale ancillary to the overall supermarket business.

·       The applicant uses delivery drivers who are highly trained about operating in a residential area.

·       There would be a dedicated parking area for delivery lorries. In the event of issues arising after grant.

·       That the option of a review of the licence if granted would be remained. 

·       A 7am licence was to ensure the store was fully open from the start of the day to ensure effective management of the store. 

Concluding remarks were made by all parties.

Decision

This application engages the licensing objectives of the public nuisance, public safety, and to a lesser extent, the protection of children from harm.  The absence of objection by any of the responsible authorities was of neutral weight.  The Sub-Committee appreciated the legitimate concerns of residents over the impact of licensed premises in a residential area. The Sub-Committee was mindful that the premises are not in a cumulative impact area. The majority of the matters of concern, however, were not in any way linked to the application for a premises licence and would potentially arise even without a licence. The Sub-Committee was concerned to reflect a balanced approach with regard to the legitimate aims of the business, and the legitimate concerns of the objectors.

Paragraph 10.13 of the Secretary of State’s guidance says, “The Government acknowledges that different licensing strategies may be appropriate for the promotion of the licensing objectives in different areas. The 2003 Act gives the licensing authority power to make decisions about the hours during which premises can conduct licensable activities as part of the implementation of its licensing policy statement. 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. However, licensing authorities must always consider each application and must not impose predetermined licensed opening hours, without giving individual consideration to the merits of each application.”

Paragraph 10.15 goes on to state that,” Shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons, based on the licensing objectives, for restricting those hours.”

Paragraph 16.6 of the London Borough of Tower Hamlets’ Statement of Licensing Policy says, “The Licensing Authority considers that the possibility of disturbance to residents late at night and in the early hours of the morning, and the effect that any such disturbance may have, is a proper matter for it to consider when addressing the hours during which licensable activities may be undertaken.”

Members were satisfied on the balance of probabilities that the majority of the concerns raised could be addressed by means of appropriate conditions. However, the Sub-Committee was concerned about the possibility of street drinkers being attracted to the premises, particularly between 07:00 hours and 09:00 hours which are the times when the school run is likely to take place. The Sub-Committee was therefore minded to amend the starting time for the sale of alcohol so as to mitigate this impact. With that change, granting the licence with conditions was appropriate and proportionate for the promotion of the licensing objectives.   

Therefore, the Sub-Committee decided to grant the application for the off sale of alcohol on Monday – Sunday from 09:00 hours to 23:00 hours with the following conditions: -

The decision was made by a majority vote.

Conditions

1. 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. CCTV will cover any external automated teller machines installed inside or outside of the premises.

2. 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. Any faults will be reported internally by this staff member and logged as soon as practicable.

3. 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 licencing authority and the police.

4. 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.

5. The premises licence holder will ensure that an age verification policy will be applied to the premises whereby all cashier's will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years old (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photo card driving licence bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply to this licence.

6. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:

a) the police (and, where appropriate, the London Ambulance

Service) are called without delay;

b) all measures that are reasonably practicable are taken to

apprehend any suspects pending the arrival of the police;

c) the crime scene is preserved so as to enable a full forensic

investigation to be carried out by the police; and

d) such other measures are taken (as appropriate) to fully protect

the safety of all persons present on the premises.

7. An incident log shall be kept by the licence holder, 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) all ejections of patrons;

c) any complaints received concerning crime and disorder

d) any incidents of disorder;

e) all seizures of drugs or offensive weapons;

f) any faults in the CCTV system, searching equipment or

scanning equipment;

g) any refusal of the sale of alcohol;

h) any visit by a relevant authority or emergency service.