Agenda item
Application for a variation of a premises licence for (Museum Service Station), 319 - 337 Cambridge Heath Road, London E2 9LH
Decision:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report detailing the application for Museum Service Station, 319-337 Cambridge Heath Road, London E2 9LH. It was noted that objections had been received from the Metropolitan Police.
Mr Ali stated the Applicant was seeking to extend the hours of opening as well as the time for the sale of Alcohol. He referred Members to points 2.4 and 2.7 of the report which summarised the application and Appendix 1 and 2, which showed the existing licence and the application to vary.
Mr Chris Mitchener, the Applicant’s representative addressed the Sub-Committee and stated his client was seeking a variation in line with operating a 24 hour premises. He said the location of the premises was on a busy arterial road with various businesses, shops and restaurants and if a radius line was to be drawn on a map, the catchment of the petrol station would be halved due to its location and the railway line. He referred Members to pages 131 and 133 and said whilst he understood the concerns of the Police, no other responsible authority was objecting to the application nor indeed were any members of the public.
Mr Mitchener stated the Police UK website, which shows crime statistics for the UK, showed there had been a 10% decrease from last year’s figures and a 7.5% drop from the previous year, in the catchment area of the petrol station, for anti-social behaviour.
He said his clients Sectorsure No 10 Ltd, had acquired the site in December 2017 and operating Petrol Stations was a normal part of their business. He said no crime and disorder incidents or public nuisance issues had occurred, other than one incident relating to the theft of oil on the premises.
In respect of the drug and alcohol rehabilitation centre located at Edward Gibbons House, Mr Mitchener stated whilst it was right for care to be provided in the community, the location of the petrol station was not detrimental to the care and welfare of those with substance abuse issues. He said people needed to abide by the rules and the issue should be policed with consent. He said his client was willing to work with the Provider and Commissioner of Edward Gibbon House to refuse alcohol to known addicts.
Mr Mitchener referred to the Council Licensing Policy and case law of Thwaites –v- Wirral Borough Magistrates Court (2008) and quoted “drawing on local knowledge, at least the local knowledge of local licensing authorities, is an important feature of the Act.” and “in some cases, the evidence will require them to adjust their own impression. This is particularly likely to be so where it is given by a responsible authority such as the Police.”
Mr Mitchener said he had been liaising with the Police and had agreed conditions, should the Sub-Committee be minded to grant the application. Mr Mitchener went further and said in spite of the lack of evidence that the Petrol Station will become a hub for crime and disorder, his client was also prepared to offer up a condition to close between 2:00 a.m. and 6:00 a.m. for the sale of alcohol. He continued that a nightclub which was located 300 metres away was open until 4:00 a.m. and licensed to sell alcohol. His client was a small retailer of Petrol Stations and the sale of alcohol would be undertaken responsibly. Staff had been trained on the sale of alcohol and had undertaken a written test. Field Managers would monitor progress of the Petrol Station and would provide a written audit on the status of the Petrol Station to his client, Sectorsure No 10 Ltd.
The objector, PC Mark Perry presented the concerns of the Metropolitan Police and said the Applicants were a reputable company. However the location of the Petrol Station meant it was in a crime hotspot. It was close to Cambridge Heath Road railway station, where a considerable number of street drinkers congregate. PC Perry referred Members to page 126 of the agenda and the list of other licensed premises in the area. He said the majority of licensees’ closed by midnight and if the Petrol Station was granted a 24 hour licence, the concern was it would become a magnet to those addicted to alcohol.
He drew attention to PC Hanlon’s statement on page 132 and referred Members to the third paragraph from the bottom of the page quoting “Residents raised concerns regarding the Anti-social behaviour in this location. We have regular calls from repeat callers who inform us that the issues are daily after 17:00 hours.” As the Neighbourhood Police Officer, PC Hanlon’s local knowledge does carry weight and any 24-hour business selling alcohol will attract street drinkers, who sometimes beg aggressively at the railway station and on the street, and as such the Metropolitan Police think that granting the application is a risk too far.
This concern was also shared by the Council’s Adult Social Care Directorate, in their letter on page 133, as any 24 hour sale of alcohol will have a harmful and negative impact on the people they are trying to help. PC Perry referred to the conditions provisionally agreed with the Applicant should the Sub-Committee be minded to grant the application. However in the first instance the Police were objecting to the application on the evidence before the Sub-Committee.
Members of the Sub-Committee asked the following questions:
· The Police were asked why the sale of alcohol after 5:00 p.m. would exacerbate anti-social behaviour.
Street drinkers need ready access to alcohol, so whereas the other premises close by midnight, in this instance they will seek the Petrol Station for their need, if it is allowed to sell alcohol 24 hours.
· The Applicant was asked what sort of Late Night Refreshments are to be sold?
It is mainly hot drinks – tea/coffee and a little food.
· The Applicant was asked why they need to sell alcohol for 24 hours.
There is a demand for it, and it could be people travelling through the area. People are entitled to purchase it.
· The Police were asked whether there was evidence that the Petrol Station is contributing to Anti-social behaviour?
Not at present, but if it is granted a 24 hours licence it will become a magnet for street drinkers.
· The Police were asked where were the nearest premises that operate 24 hours.
Shops in Cambridge Heath Road and Bethnal Green are open until 11:00 p.m. or midnight, e.g. Offee & Toffee and then there are nightclubs – Metropolis and Redon. No other premises’ is open for 24 hours in the vicinity.
· The Police were asked whether there are any off-licences close to Edward Gibbon House and where do the drinkers go now?
The hostel closes at 2:00 a.m. Drinkers will go to the nearest premises to purchase alcohol but because most businesses close by 11:00 p.m. the drinkers access to alcohol is limited.
· The Applicant was asked how many members of staff are on duty late at night.
Usually one member Mon to Wed; possibly two on busier nights Thurs to Sun.
· The Applicant was asked how do customers access the kiosk when they want to purchase petrol or alcohol.
The door is locked at 11:00 p.m. and thereafter any customer is allowed in, on the discretion of the Cashier. This is normal practice for most Petrol Stations. The Cashier will make a judgement call as to whether a customer should be allowed in taking into account considerations such as if the Cashier knows the person.
Both the Applicant and the Objector were given an opportunity to sum up their arguments before the Members adjourned the meeting at 7:20 p.m. to deliberate and reconvened at 7:45 p.m.
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 and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representation from both the applicant and his representative and the objectors with particular regard to all four licensing objectives of the prevention of public nuisance, the prevention of crime and disorder and the protection of children from harm and public safety.
The Sub-Committee noted that currently there appears to be no anti-social behaviour associated with the Museum Service Station. However the proposed opening hours are significantly longer than other premises for off-sales in the area. If the application were to be granted as it stands, it would be the only licenced premises in the vicinity open for 24 hours, so there is a risk that anti-social behaviour shifts to this location.
The Sub-Committee felt the extended hours, on the balance of probability, despite the negotiated conditions offered by the applicant in discussions with the Police, would not prevent public nuisance and crime and disorder.
The Sub-Committee were concerned about the safety of staff who would be working alone in the late hours and could be put at risk.
Therefore the Sub-Committee were not satisfied that the Applicant had successfully demonstrated that they had rebutted the presumption against granting a variation of premises licence for the premises situated at 319-337 Cambridge Heath Road or that it would not undermine any of the four licensing objectives.
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for the variation of the premises licence for Museum Service Station, 319-337 Cambridge Heath Road, London E2 9LH be REFUSED.
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report detailing the application for Museum Service Station, 319-337 Cambridge Heath Road, London E2 9LH. It was noted that objections had been received from the Metropolitan Police.
Mr Ali stated the Applicant was seeking to extend the hours of opening as well as the time for the sale of Alcohol. He referred Members to points 2.4 and 2.7 of the report which summarised the application and Appendix 1 and 2, which showed the existing licence and the application to vary.
Mr Chris Mitchener, the Applicant’s representative addressed the Sub-Committee and stated his client was seeking a variation in line with operating a 24 hour premises. He said the location of the premises was on a busy arterial road with various businesses, shops and restaurants and if a radius line was to be drawn on a map, the catchment of the petrol station would be halved due to its location and the railway line. He referred Members to pages 131 and 133 and said whilst he understood the concerns of the Police, no other responsible authority was objecting to the application nor indeed were any members of the public.
Mr Mitchener stated the Police UK website, which shows crime statistics for the UK, showed there had been a 10% decrease from last year’s figures and a 7.5% drop from the previous year, in the catchment area of the petrol station, for anti-social behaviour.
He said his clients Sectorsure No 10 Ltd, had acquired the site in December 2017 and operating Petrol Stations was a normal part of their business. He said no crime and disorder incidents or public nuisance issues had occurred, other than one incident relating to the theft of oil on the premises.
In respect of the drug and alcohol rehabilitation centre located at Edward Gibbons House, Mr Mitchener stated whilst it was right for care to be provided in the community, the location of the petrol station was not detrimental to the care and welfare of those with substance abuse issues. He said people needed to abide by the rules and the issue should be policed with consent. He said his client was willing to work with the Provider and Commissioner of Edward Gibbon House to refuse alcohol to known addicts.
Mr Mitchener referred to the Council Licensing Policy and case law of Thwaites –v- Wirral Borough Magistrates Court (2008) and quoted “drawing on local knowledge, at least the local knowledge of local licensing authorities, is an important feature of the Act.” and “in some cases, the evidence will require them to adjust their own impression. This is particularly likely to be so where it is given by a responsible authority such as the Police.”
Mr Mitchener said he had been liaising with the Police and had agreed conditions, should the Sub-Committee be minded to grant the application. Mr Mitchener went further and said in spite of the lack of evidence that the Petrol Station will become a hub for crime and disorder, his client was also prepared to offer up a condition to close between 2:00 a.m. and 6:00 a.m. for the sale of alcohol. He continued that a nightclub which was located 300 metres away was open until 4:00 a.m. and licensed to sell alcohol. His client was a small retailer of Petrol Stations and the sale of alcohol would be undertaken responsibly. Staff had been trained on the sale of alcohol and had undertaken a written test. Field Managers would monitor progress of the Petrol Station and would provide a written audit on the status of the Petrol Station to his client, Sectorsure No 10 Ltd.
The objector, PC Mark Perry presented the concerns of the Metropolitan Police and said the Applicants were a reputable company. However the location of the Petrol Station meant it was in a crime hotspot. It was close to Cambridge Heath Road railway station, where a considerable number of street drinkers congregate. PC Perry referred Members to page 126 of the agenda and the list of other licensed premises in the area. He said the majority of licensees’ closed by midnight and if the Petrol Station was granted a 24 hour licence, the concern was it would become a magnet to those addicted to alcohol.
He drew attention to PC Hanlon’s statement on page 132 and referred Members to the third paragraph from the bottom of the page quoting “Residents raised concerns regarding the Anti-social behaviour in this location. We have regular calls from repeat callers who inform us that the issues are daily after 17:00 hours.” As the Neighbourhood Police Officer, PC Hanlon’s local knowledge does carry weight and any 24-hour business selling alcohol will attract street drinkers, who sometimes beg aggressively at the railway station and on the street, and as such the Metropolitan Police think that granting the application is a risk too far.
This concern was also shared by the Council’s Adult Social Care Directorate, in their letter on page 133, as any 24 hour sale of alcohol will have a harmful and negative impact on the people they are trying to help. PC Perry referred to the conditions provisionally agreed with the Applicant should the Sub-Committee be minded to grant the application. However in the first instance the Police were objecting to the application on the evidence before the Sub-Committee.
Members of the Sub-Committee asked the following questions:
· The Police were asked why the sale of alcohol after 5:00 p.m. would exacerbate anti-social behaviour.
Street drinkers need ready access to alcohol, so whereas the other premises close by midnight, in this instance they will seek the Petrol Station for their need, if it is allowed to sell alcohol 24 hours.
· The Applicant was asked what sort of Late Night Refreshments are to be sold?
It is mainly hot drinks – tea/coffee and a little food.
· The Applicant was asked why they need to sell alcohol for 24 hours.
There is a demand for it, and it could be people travelling through the area. People are entitled to purchase it.
· The Police were asked whether there was evidence that the Petrol Station is contributing to Anti-social behaviour?
Not at present, but if it is granted a 24 hours licence it will become a magnet for street drinkers.
· The Police were asked where were the nearest premises that operate 24 hours.
Shops in Cambridge Heath Road and Bethnal Green are open until 11:00 p.m. or midnight, e.g. Offee & Toffee and then there are nightclubs – Metropolis and Redon. No other premises’ is open for 24 hours in the vicinity.
· The Police were asked whether there are any off-licences close to Edward Gibbon House and where do the drinkers go now?
The hostel closes at 2:00 a.m. Drinkers will go to the nearest premises to purchase alcohol but because most businesses close by 11:00 p.m. the drinkers access to alcohol is limited.
· The Applicant was asked how many members of staff are on duty late at night.
Usually one member Mon to Wed; possibly two on busier nights Thurs to Sun.
· The Applicant was asked how do customers access the kiosk when they want to purchase petrol or alcohol.
The door is locked at 11:00 p.m. and thereafter any customer is allowed in, on the discretion of the Cashier. This is normal practice for most Petrol Stations. The Cashier will make a judgement call as to whether a customer should be allowed in taking into account considerations such as if the Cashier knows the person.
Both the Applicant and the Objector were given an opportunity to sum up their arguments before the Members adjourned the meeting at 7:20 p.m. to deliberate and reconvened at 7:45 p.m.
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 and in particular to have regard to the promotion of the four licencing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merit. The Sub Committee has carefully considered all of the evidence before them and considered written and verbal representation from both the applicant and his representative and the objectors with particular regard to all four licensing objectives of the prevention of public nuisance, the prevention of crime and disorder and the protection of children from harm and public safety.
The Sub-Committee noted that currently there appears to be no anti-social behaviour associated with the Museum Service Station. However the proposed opening hours are significantly longer than other premises for off-sales in the area. If the application were to be granted as it stands, it would be the only licenced premises in the vicinity open for 24 hours, so there is a risk that anti-social behaviour shifts to this location.
The Sub-Committee felt the extended hours, on the balance of probability, despite the negotiated conditions offered by the applicant in discussions with the Police, would not prevent public nuisance and crime and disorder.
The Sub-Committee were concerned about the safety of staff who would be working alone in the late hours and could be put at risk.
Therefore the Sub-Committee were not satisfied that the Applicant had successfully demonstrated that they had rebutted the presumption against granting a variation of premises licence for the premises situated at 319-337 Cambridge Heath Road or that it would not undermine any of the four licensing objectives.
Accordingly, the Sub-Committee unanimously
RESOLVED
That the application for the variation of the premises licence for Museum Service Station, 319-337 Cambridge Heath Road, London E2 9LH be REFUSED.
Supporting documents: