Agenda item
Application for a Review of a Premises Licence for JB Food Store, 97b Brick Lane, London, E1 6SE
Minutes:
At the request of the Chair, Mr Andrew Heron, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for JB Food Store, 97B Brick Lane, London E1 6SE. It was noted that the review had been triggered by Trading Standards and supported by the Police and local residents. It was noted that the representation by the Director of Public Health would not be included as it did not relate specifically to the premises.
At the request of the Chair Mr John McCrohan, Trading Standards and Licensing Manager referred to his statement contained in the agenda and highlighted the impact of the cumulative impact zone policy. It was noted that there had been two underage sales in 2010, however two further checks had been conducted which they had passed. That there had been a seizure of non duty paid alcohol, that a member of staff had opened a bottle of alcohol on the premises, and that there were hostels nearby.
Mr McCrohan stated that his main concerns were the management of the premises particularly, because of the nature of the area and concerns about crime and disorder, protection of children from harm and public nuisance. It was noted that the Licensing Authority needed to have confidence that licensed premises in Brick Lane were managed in a way to ensure the Licensing Objectives were met. It was further noted that the Licensing Authority did not have the confidence that the management of the premise by the Premises Licence Holder would ensure that the licensing objectives were met.
Members then heard from PC Perry and Sandy Critchley, local resident who also raised concerns about the cumulative impact zone, anti-social behaviour and crime and disorder in the area.
Members then heard from Mr Halim, Premise Licence Holder, he agreed with what had been said and apologised for the incidents referred to and said he had recently appointed new staff who had been fully trained. Mr Halim said that if the bottles aren’t open then customers get abusive and use the door handles of the shop to open them. He further stated that the bigger venues cause the problems in the area and not his premise which was a small convenience store. He questioned the conditions proposed by Mr McCrohan and felt the reduction in hours would not be fair and would cause a financial strain on his business.
In response to a question it was noted that the reduction in hours had been requested to improve management of the premises and to be in line with the Council’s framework hours.
Members retired to consider their decision at 2.55pm and reconvened at 3.00pm.
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 Licensing Guidance and the Council’s Statement of Licensing Policy.
Consideration
Each application must be considered on its own merits and after careful consideration the Chair stated that the Sub Committee had decided to grant the review application in part by adding additional conditions to the license in order to address the concerns raised in relation to the licensing objectives of “the prevention of public nuisance” and ‘the prevention of crime and disorder’.
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a review of the premises licence for, JB Food Store,
97B Brick Lane, LondonE1 6SE be GRANTED in part with conditions.
Conditions
- The premises will not sell any beer, larger or cider that exceeds the strength of 5.6% abv or higher unless 3 or more bottles/cans are purchased together.
- During a sale of alcohol, the premises will not supply drinking containers, such as plastic cups.
- During a sale of alcohol, the premises will not open any containers the alcohol is contained in.
- The premises licence holder and any other persons responsible for the purchase of stock shall not purchase any goods from door-to-door sellers other than from established traders who provide full receipts at the time of delivery.
- The premises licence holder shall ensure that all receipts for goods bought include the following details
- Seller’s name and address
- Seller’s Company details, if applicable
- Seller’s VAT details, if applicable
- Vehicle registration detail, if applicable
- Legible copies of the document referred to in point 2) shall be retained on the premises and made available to officers on request.
- The trader shall obtain and use a UV detection devise to verify that duty stamps are valid.
- Where the trader becomes aware that any alcohol may be note duty paid they shall inform the Police of this immediately.
- The designated premises supervisor or a personal licence holder must be present when all alcohol sales are made.
Supporting documents: