Agenda item
Licensing Act 2003: Application for a New Premises Licence for Shell, 139-149 Whitechapel Road, E1 1DT
- Meeting of Extraordinary meeting, Licensing Sub Committee, Thursday, 27th April, 2017 6.30 p.m. (Item 4.2)
- View the background to item 4.2
Licensing Objectives
· Crime and Disorder
· Public Nuisance
Representations
· Metropolitan Police
· Environmental Protection
· Local resident
Minutes:
DECISION
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 the written and verbal representations made by the legal representative on behalf of the applicant and those of the two responsible authorities (Metropolitan Police and Environmental Protection) and a resident on behalf of SPIRE who had objected to the application. The Sub-Committee noted that:
- The representations from Environmental Protection and Metropolitan Police concerned issues of crime and disorder and representations from all objectors concerned public nuisance that could arise from the licensable activities the applicant intended to provide.
- The applicant had offered conditions in the application and at the meeting offered reduced the hours during which off sales of alcohol would take place.
- The revised application fell within the Council’s licensing policy.
Members heard from the legal representative on behalf of the applicant that:
- Shell Oil Products Ltd was a reputable national organisation which had successfully implemented the type of arrangement applied for in other parts of the country without incurring reviews of premises licenses or enforcement action.
- Shell operated a comprehensive company-wide training scheme for its forecourt staff.
- Shell was willing to reduce the hours for sale of alcohol
applied for
- from 24hours Sunday – Saturday
- to Sunday - Saturday 06.00 – 23.00hrs for off sales of alcohol and Sunday – Saturday 23.00 – 06.00hrs for sales of late night refreshment (hot drinks only via serving hatch).
- It was noted a licence is only required up to 5am for late night refreshment
- the premise was not located in the Cumulative Impact Zone and therefore the application should be considered on an ‘aim to permit’ basis in accordance with legislation.
- The premise was a petrol station already offering 24 hour refuelling and sale of groceries, the addition of alcohol sales and late night refreshment was to cater for shift workers and offering convenience to those who wished to buy alcohol for consumption elsewhere, at home or social events.
- Although Police and Environmental Protection had objected on the grounds that there would be an increase in crime and disorder and public nuisance because a number of hostels were located in the vicinity which accommodated vulnerable people, the conditions offered together with the Company’s own due diligence would mitigate potential antisocial behaviour issues on the premises.
- The sale of alcohol was not intended to attract additional custom (a number of other licensed premises already operated in the vicinity) but to offer customers greater convenience.
- Only quality and speciality beers would be stocked.
- The primary offer of the premise would remain fuel and groceries
Members then considered:
· the written representation on behalf of SPIRE which concerned antisocial behaviour problems caused by late night drinking
· and the written and verbal representations made by the Metropolitan Police and Environmental Protection who put forward the following arguments against the application:
o Risks of antisocial behaviour and crime and disorder which could arise since the premises were located close to some hostels which were known to accommodate vulnerable persons with alcohol and drug issues.
o While the responsible authorities supported the applicant’s offer of reduced hours for alcohol sales, it would not eliminate the risks of antisocial behaviour and crime and disorder which could arise.
o The vicinity already was known to have antisocial behaviour and crime and disorder issues.
o The condition that provision of CCTV data by a manager within 24 hours of a request was unacceptable.
o The late night activity at the premises would generate disturbance and nuisance in a highly populated area.
o Early sales of alcohol would increase the potential for disorder and nuisance.
· The Police request that there should be SIA trained staff from 8pm until closing time.
Members were sympathetic to the concerns expressed and considered them in the context of the conditions and reduced hours for alcohols sales offered by the applicant. They accepted the conditions offered by the applicant and the reduced hours for alcohol sales offered also.. However Members felt that residents in the vicinity should be able to contact a responsible party in the Company to lodge complaints should they need to do so and therefore they asked that an additional condition be added to this effect.
The Sub Committee was satisfied that these measures combined would address the objections raised around the licensing objectives of prevention of crime and disorder and prevention of public nuisance.
RESOLVED
That the application for a New Premises Licence for Shell, 139-149 Whitechapel Road, London, E1 1DT be granted with conditions for
Sale by retail of alcohol (off sales only)
Sunday to Saturday 06:00 to 23:00 hours
Provision of Late Night Refreshment (hot drinks only)
Sunday to Saturday 23:00 to 05:00 hours
Conditions
- A suitable and sufficient CCTV system with recording facilities to be in place at site and will operate at all times the premise is open for licensable activities. Images can be made available upon reasonable request by the Police or other relevant officers of a responsible authority.
- Access to the equipment and recordings will be provided to the Police within 24 hours of a request being made, contact details of the Retailer will be kept on site and made available to the Police for the purpose of obtaining access to the equipment and recordings.
- Staff will be trained with regard to their responsibilities in the retail sale of alcohol and regular refresher training will also be undertaken. Training records can be made available for inspection upon reasonable request by the Police or other relevant officers of a responsible authority.
- A refusals log will be operated and maintained and will be produced to a relevant officer of the Police or other relevant officers of a responsible authority upon request.
- An incident log will be operated and maintained and will be produced to a relevant officer of the Police or other relevant officers of a responsible authority upon request.
- A Challenge 25 policy will be operated at the premise, acceptable forms of identification are a passport, photocard driving licence and PASS accredited identification card.
- Spirits, with the exception of spirit mixers and pre-mixed spirit drinks, will be located under the counter.
- Contact details of the Retailer will be kept on site and made available to any member of the public for the purpose of making a complaint where the complainant feels that the protection of the licensing objectives is at risk/has been breached.
Supporting documents: