Agenda item

Elgin Food & Wine, Ground Floor, 97 Elgin Avenue, W9

16/14167/LIPV

1.

Sale by Retail of Alcohol (Off)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee heard from Mr Jagtap, representing the Applicant.  He brought to the Sub-Committee’s attention that Mr Hakeem, the Applicant, Owner and Designated Premises Supervisor had run Elgin Food & Wine for the last thirteen years.  Mr Hakeem had held an event having operated with a temporary event notice (‘TEN’) on Friday 24 February and Saturday 25 February until 02:00.  It was believed that no issues had arisen as a result of this event.  He added that the premises had not been subject to crime and disorder or public nuisance during all the time Mr Hakeem had been operating at Elgin Food & Wine.

Mr Jagtap referred to the experienced staff and responsible management at the premises.  There were two members of staff at the premises at all times.  He stated that Mr Hakeem in his capacity as a local trader cared about the neighbourhood.  In order to promote the crime and disorder licensing objective, CCTV at the premises was in keeping with Home Office standards and footage was available to the Police at their request.  Mr Jagtap added that there were various security measures in place and staff had received the relevant training.  He believed all four of the licensing objectives were being promoted.

The Sub-Committee then heard from PC Guerra on behalf of the Metropolitan Police.  He stated that the premises were managed responsibly and there was no evidence of crime and disorder resulting from the premises operating to the current hours.  However, he referred to the hours applied for in the application for a variation of the premises licence exceeding the Council’s Core Hours policy.  PC Guerra advised that the sale of alcohol until 02:00 potentially posed several problems for the Police.  Availability of alcohol until late into the night would potentially add to anti-social behaviour, including further drinking in the street in a sensitive area.  Whilst the convenience store is in a controlled drinking zone and the Police had powers to deal with specific issues relating to alcohol, it would result in an additional drain on Police resources. 

PC Guerra also advised that there was the potential for Elgin Food & Wine to become a destination venue due to the hours being sought.  He was concerned that customers would potentially have already consumed alcohol in other licensed premises and then would purchase further alcohol into the early hours of the morning on the way home after pubs or off licences had closed which could lead to anti-social behaviour or customers being the victims of crime.  Whilst he appreciated that applications were considered on their own merits, PC Guerra expressed concerns that if the application was granted, it could set a precedent for other licensed premises in the area, including supermarkets, seeking later hours.  He also made the point that the convenience store is located in a residential area and any noise could exacerbate anti-social behaviour.  PC Guerra said that overall the Police were opposed to the sale of alcohol beyond Core Hours.

Mr Koduah addressed the Sub-Committee on behalf of Environmental Health.  He informed Members that the Council had not received any complaints relating to public nuisance from the premises.  He was maintaining his representation due to the proposed hours in the application for the sale of alcohol.  Mr Koduah noted that the two TENs sought until 02:00 had been on Fridays and Saturdays and he queried whether the Applicant needed to extend the hours sought every day of the week or specifically on Fridays and Saturdays.  Applicants were encouraged in the Council’s policy not to apply for hours that they did not intend to use.  Mr Koduah also drew Members’ attention to the TENs setting out that the Applicant would only admit four customers in the premises any one time and queried whether the Applicant was also seeking to do this as part of the current application. 

The Sub-Committee asked the Applicant why, given that the Police had plenty of experience in these matters and had concerns regarding the application, he did not believe that issues would occur at the premises.  It is a very residential area and it was not believed that there were any premises within the locality which operated to the late hour that was being applied for.  The Applicant was also asked whether he was seeking a terminal hour of 02:00 every day following the comments of Mr Koduah.

Mr Hakeem replied that since he had operated at the premises he had never had any issues with customers or crime and disorder.  Customers were supporting his application and there were no residential objections.  He referred to a shop in Queen’s Park and also one in Harrow Road which he believed were selling alcohol until at least 02:00.  Mr Hakeem also commented that there were no pubs in the immediate area.  His customers were generally local residents.  People did not drink alcohol outside the convenience store in Elgin Avenue.  He clarified that he did intend to sell alcohol until 02:00 every day of the week.

Mr Hakeem was asked whether he had specific concerns that the premises would become a destination venue when it became known that alcohol was being sold until 02:00 there.  Mr Hakeem re-iterated that he believed that there were other shops selling alcohol until the early hours of the morning, including one in Harrow Road and one in Edgware Road.  

The Sub-Committee, after careful consideration of the application, granted the aspect of the application relating to the opening hours 24 hours a day to members of the public.  Members of the Sub-Committee noted that Elgin Food & Wine had been managed responsibly and is a well-run business and were content for the convenience store to be open at all hours for the sale of items such as bread and milk.

However, the Sub-Committee shared the Police’s concerns that selling alcohol until 02:00 had the potential to make the store a destination venue where people would come from outside the immediate area to buy alcohol late at night and cause issues in what is a very residential location.  Members considered that there is a lack of licensed premises in the locality which sell alcohol until 02:00 and would prompt customers, including those who may have been consuming alcohol previously during the evening, to target the premises and potentially undermine the licensing objectives.  This was in contrast to the way the premises operated currently which attracted the local community.  The aspect of the application relating to the proposed increase in hours for off sales was therefore refused. The Sub-Committee was also of the opinion that it was not appropriate to allow off-sales of alcohol before 10.00 on a Sunday, once again having regard to the highly residential nature of the location. The sale of alcohol was already permitted for extensive hours on every day of the week which was more than enough to meet the needs of local residents.      

Mr Hakeem had referred to there being premises in the area which did sell alcohol until 02:00.  However, one such store Mr Hakeem had described as selling alcohol until the early hours of the morning and being not far away in Queen’s Park is believed to be located within an area overseen by Brent Council.

2.

Hours premises are open to the public

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted this aspect of the application which was for opening hours which would permit the sale of products other than alcohol.

3.

Conditions being  varied, added or removed

Conditions proposed by the applicant:

8.          Provision of effective CCTV in and around premises 24hrs/30 days recording.

9.         Training & supervision of staff.

10.       Compulsory ID checks for under age children's.

11.       Proper and clear display of Legal Notices.

Proposed conditions from Environmental Health and Metropolitan Police:

12.        A personal licence holder shall be on the premises during the hours permitted to supply alcohol.

13.        Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

14.        The variation of the Premises Licence 07/01246/WCCMAP to extend hours for the sale of alcohol for consumption “off the premises” will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

There were no changes to the conditions on the premises licence, given that the aspect of the application relating to the extension of the proposed hours for off-sales had been refused by the Sub-Committee.