Agenda item
Application to Review the Premises Licence for SD Retail, 2 Spey Street, London E14 6PZ
Minutes:
At the request of the Chair, Ms Kathy Driver, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for SD Retail, 2 Spey Street, London E14 6PZ. It was noted that the review was triggered by the Metropolitan Police and supported by the Licensing Authority.
At the request of the Chair PC Mark Perry, Metropolitan Police explained that the Police had received many complaints from residents in and around Spey Street regarding anti-social behaviour caused by large groups of youth who congregated around the shops in Spey Street. He stated that the Police believed that the anti-social behaviour was linked to the off licence at 2 Spey Street. As complaints had been received alleging that the shop sold to those people responsible for the crime and disorder in the area.
It was also noted that a test purchase was conducted and a 15 year old female cadet was sold alcohol, and officers had also observed an intoxicated person being sold alcohol on credit.
It was noted that CCTV footage was not provided at request of a Police Officer, that there was no till roll and therefore no receipts given to customers, which described the nature of how the premises was run. There was little confidence that any further conditions on the licence would help as the shop was a magnet for anti-social behaviour and therefore urged Members to revoke the licence.
Members also heard from Mohshin Ali. Licensing Officer, who supported the review and detailed a list of complaints received against the premises and a number of conditions breached.
Members then heard from Mr Benjamin Burge, Counsel on behalf of the Designated Premises Supervisor, Mr Dhaka, who explained that the premise was a magnet for youth to congregate outside but not the cause of anti-social behaviour.
He explained that the test purchase was an isolated incident of an underage sale and that the employee who had sold the alcohol had been fined and has since been trained in selling alcohol responsibly and assured Members that such conduct would not happen again.
Mr Burge explained that due to the demographic of the area people were limited to what they could purchase due to affordability. He explained that Mr Dhaka has never caused problems and realised that the underage sale should not have happened. It was noted that it was a very small sized shop, had CCTV newly installed and Mr Dhaka would work with the Police to promote the licensing objectives.
Mr Burge concluded that Mr Dhaka accepted the seriousness of the breach of condition and realised the management of the business needed to be changed and would be happy to accept conditions to assist the shop in promoting the licensing objectives.
In response to questions the following was noted;
- That one full time staff and 1 part time staff worked at the shop.
- That youth have often abused and attacked Mr Dhaka
- Mr Dhaka apologised for the incident and asked Members for another chance to learn from his mistake.
- That Mr Dhaka had taken on instructions and had attended courses and would abide by all conditions.
Members retired to consider their decision at 5.50pm and reconvened at 6.05pm.
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.
Consideration
Each application must be considered on its own merits and the Chair stated that the Sub Committee had carefully considered all of the evidence before them and had heard representations from PC Mark Perry, The Licensing Authority and from the Legal Representative on behalf of the Designated Premises Supervisor.
Members reached a decision and the decision was unanimous. Members noted the number of repeated breaches of the licence where the DPS was found to have been selling to an intoxicated person, not supplying officers with CCTV footage, opening beer bottles for customers and allegations of selling to underage persons. Members were satisfied that there were no other conditions that could be imposed that would help promote the licensing objectives and therefore Members decided to revoke the premises licence.
Decision
Accordingly, the Sub-Committee unanimously –
RESOLVED
That the application for a Review of the Premises Licence for SD Retail, 2 Spey Street London E14 6PZ be GRANTED with the revocation of the premises licence.
Supporting documents: