Agenda item

Argyll News, 21A Argyll Street, London, W1F 7TT

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

West End Ward/     West End Cumulative Impact Area

Argyll News

21A Argyll Street

London

W1F 7TT

New Premises

Licence

19/02892/LIPN

 

Minutes:

  LICENSING SUB-COMMITTEE No. 5

 

Thursday 16 May 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Louise Hyams and Councillor Aicha Less.

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkin

Committee Officer:  Georgina Wills

Presenting Officer:  Kevin Jackaman

 

Relevant Representations: Mr Z Ali

Present: Robert Jordan (Agent on behalf of the applicant), Mr Kamlesh Patel (applicant) and Mrs Patel, and Mr Z Ali (objecting to the application and Uzayr Ali (supporting Mr Z Ali).

 

 

Argyll News 21A Argyll Street London W1F 7TT (“The Premises”) 19/02892/LIPN

 

1.

Sale by Retail of Alcohol: Off the premises

 

 

Monday to Saturday 08:00hrs to 22:00hrs

Sunday: 10:00hrs to 22:00hrs

 

 

 

Amendments to application advised at hearing:

 

To alleviate the Sub-Committees concerns with ‘street drinking’ during the early hours of the morning, the Applicant agreed to amend the hours applied for ‘sale by Retail of alcohol (off sales) to a later start time of 10:00hrs Monday to Saturday.   

 

   

 

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

 

This was an application for a new premises licence in respect of the Argyll News situated at 21A Argyll Street, London, W1F 7TT. The Premises was situated in the West End Cumulative Impact Area.  The premises operated as a newsagent and convenience store. The application was to sell alcohol for consumption off the premises from 08:00hrs to 22:00hrs Monday to Saturday and 10:00hrs to 22:00hrs Sunday. These were within the core hours for off-sales of alcohol within Westminster. The Sub-Committee was advised that there was an error in the published report regarding the hours of sales and conditions and that a verification email in relation to the correct hours had been circulated to all parties. 

 

Mr Kevin Jackaman (Presenting Officer) confirmed that the Metropolitan Police Service, Licensing Authority and The Soho Society had withdrawn their representations.  Ms Jackaman advised the Sub-Committee that one local resident had maintained his representation,

 

Mr Robert Jordan (representing the Applicant) began by informing the Sub-Committee that the Applicant operated several similar premises within the Borough and these included areas located in the Cumulative Impact Zone. The Sub-Committee was advised that Mr Patel (Applicant) had a good relationship with the responsible authorities and had met with Environmental Health and the Metropolitan Police Service. Mr Jordan advised that Mr Patel was an experienced license holder and had been a vendor since the 1990s. During this period, he had no history of adding to cumulative impact or having received any complaints. 

 

Mr Jordan advised that the Applicant was willing to accept additional conditions and ensure that staff members undertake all the requisite training to actively promote all the licensing objectives. He stated that the Applicant had never served street drinkers and that all staff members were fully aware of their responsibilities about sales to intoxicated patrons. Mr Jordan highlighted that The Soho Society were satisfied with proposed conditions which had been submitted by the Applicant and that no representation had been received from any of the Responsible Authorities. Mr Jordan commented that the Applicant had liaised with Police and stated that the only remaining objector was from a retailer who was based in the same locality as the Premises. There have been no objections received from any other interested parties.

 

Mr Jordan advised that the alcohol on sale would be priced highly and that individual cans of beers would not be sold. In response to questions from the Sub-Committee, Mr Patel advised that alcohol was sold in both of his premises which were based in Wardour Street and Kingly Street (Soho). He commented that visits had been undertaken by Environmental Health in both Premises and that no concerns had been found. Mr Patel advised that he had been a vendor since 1990 and had vast experience of trading in the cumulative impact zone including previously operating an Off licence.  He advised that no problems had arisen in relation to these establishments.

 

Mr Patel advised that alcohol beverages would only account for 15% of overall sales and the Premises would have one cooler with ‘Spirits’ kept behind the counter in a lockable cabinet. Mr Patel indicated that a Personal License Holder would always be present at the premises whenever alcohol was permitted to be sold. The Sub-Committee raised concerns about ‘early drinking’ in the vicinity and commented that the area which the Premises was located in was undergoing major development. It was suggested that it would attract individuals who consumed alcohol at the mentioned time. Mr Patel advised that he was in favour of amending the hours applied for the sale by retail alcohol to a later start time of 10:00hrs on every day of the week.    

 

Mr Uzayr Ali, Strategy Consultant (representing Mr Z Ali ) advised that he represented a wide range of business that were located around the Oxford Street area. He said that he had also spoken to customers, street cleaners, street buskers and other local business about the Application. 

 

Mr Uzayr Ali, advised that the licensing application should be rejected and commented that the application had failed to promote the four licensing objectives. He reminded the Sub-Committee that the Premises was in the West End Cumulative Impact Zone and commented that Argyll Street was saturated with similar licensed premises. He asserted that the Council’s Statement of Licensing Policy prohibited new licenses being granted in areas where there was a high density of licensed establishments and commented that Argyll Street fell under this category. 

 

Mr Uzayr Ali, commented on the concerns associated with the excessive consumption of alcohol and its effects on wider society. He suggested that individuals under the influence of alcohol were intimidating, confrontational and caused a disturbance. he further suggested that pedestrians in the locality would purchase food and alcohol for individuals and that the supply of beverage should be limited as it encouraged public nuisance and caused accidents. Mr Uzayr Ali, advised that Mr Z Ali had traded in his current premises for over 30 years and during these periods there had been an increase in alcohol related crimes in the area.

 

The Sub-Committee noted that no representations or submissions had been received from other establishments that were based in the vicinity where the Premises was located, and this included the interested parties which had been referred to by Mr Uzayr Ali.  Mr Uzayr Ali advised that neighbouring premises had been consulted and commented that the individuals were reluctant to address the Sub-Committee. In response to questions from the Sub-Committee, Mr Uzayr Ali advised that the Premises would add to cumulative impact as it would increase the number of establishments that supplied alcohol in the area. He commented that this would cause public nuisances such as ‘vertical drinking’ and increase alcohol related crimes.

 

The Policy Officer advised the Sub-Committee that the Council’s policy presumption to refuse a licence in the Cumulative Impact Area did not apply to off licenses but these premises had to demonstrate that they would not add to the cumulative impact. It was also noted that hours applied for by the applicant were within core hours. The Sub-Committee noted that they were required to consider whether conditions could ensure that the licensing objectives would be met.  

 

 

 

Decision:

 

After carefully considering the application the Sub-Committee agreed to grant the application subject to conditions. The Sub-Committee noted that the Metropolitan Police Service, Licensing Authority and The Soho Society had withdrawn their representation and took into consideration the objections which had been made by the local business owner and his representative. The Sub-Committee also noted that to alleviate the concerns of street drinking during the early hours of the morning, the Applicant had agreed to amend the start time for the sale of alcohol to a later time of 10:00 hrs on Monday to Sunday. It was noted that the Premises was located within a Cumulative Impact Area however the stringent conditions imposed on the licence with regards to the sale of alcohol provided reassurance that the licensing objectives would be promoted and there would be no additional cumulative impact in the local area. The Sub-Committee agreed the nature of the operation and the conditions imposed on the licence were restrictive enough to ensure that the Premises was suitable for the local area and promoted the licensing objectives.

 

2.

Hours premises are open to the public

 

Monday to Sunday: 07:00 to 22:00

 

 

Amendments to application advised at hearing:

 

N/A

 

 

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

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

 

Conditions attached to the Licence

 

Mandatory Conditions

 

1          No supply of alcohol may be made at a time when there is no designated

            premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises             supervisor does not hold a personal licence or the personal licence is             suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a             person who holds a personal licence.

 

4.          (1)      The premises licence holder or club premises certificate holder must                         ensure that an age verification policy is adopted in respect of the                               premises in relation to the sale or supply of alcohol.

 

             (2)       The designated premises supervisor in relation to the premises licence                         must ensure that the supply of alcohol at the premises is carried on in                         accordance with the age verification policy.

 

             (3)       The policy must require individuals who appear to the responsible                             person to be under 18 years of age (or such older age as may be                                specified in the policy) to produce on request, before being served                            alcohol, identification bearing their photograph, date of birth and either

                       

                        (a)        a holographic mark, or

                        (b)       an ultraviolet feature.

 

5          (i)         A relevant person shall ensure that no alcohol is sold or supplied for

                        consumption on or off the premises for a price which is less than the                         permitted price.

 

            (ii)        For the purposes of the condition set out in paragraph 8(i) above -

 

            (a)        "duty" is to be construed in accordance with the Alcoholic Liquor Duties                         Act 1979;

 

            (b)       "permitted price" is the price found by applying the formula -

 

                        P = D+(DxV)

 

                        Where -

           

                        (i)         P is the permitted price,

                        (ii)        D is the amount of duty chargeable in relation to the alcohol as if                                     the duty were charged on the date of the sale or supply of the                         alcohol, and

                        (iii)       V is the rate of value added tax chargeable in relation to the                                         alcohol as if the value added tax were charged on the date of the                                     sale or supply of the alcohol;

 

            (c)        "relevant person" means, in relation to premises in respect of which                         there is in force a premises licence -

                       

            (i)         the holder of the premises licence,

            (ii)        the designated premises supervisor (if any) in respect of such a licence,                         or

            (iii)       the personal licence holder who makes or authorises a supply of                               alcohol under such a licence;

 

            (d)       "relevant person" means, in relation to premises in respect of which                         there is in force a club premises certificate, any member or officer of the                         club present on the premises in a capacity which enables the member or                         officer to prevent the supply in question; and

 

            (e)        "value added tax" means value added tax charged in accordance with the                         Value Added Tax Act 1994.

 

            (iii).      Where the permitted price given by Paragraph 8(ii)(b) above would (apart                         from this paragraph) not be a whole number of pennies, the price given                         by that sub-paragraph shall be taken to be the price actually given by that                         sub-paragraph rounded up to the nearest penny.

 

            (iv).     (1)        Sub-paragraph 8(iv)(2) below applies where the permitted price                                     given by Paragraph 8(ii)(b) above on a day ("the first day") would                                     be different from the permitted price on the next day ("the second                                     day") as a result of a change to the rate of duty or value added tax.

 

                        (2)        The permitted price which would apply on the first day applies to                                     sales or supplies of alcohol which take place before the expiry of                                     the period of 14 days beginning on the second day.

 

Conditions consistent with the operating schedule

 

None

 

Conditions proposed by the Licensing Authority and agreed by the applicant so as to form part of the operating schedule:

 

6.         The premises shall install and maintain a comprehensive CCTV system as per             the minimum requirements of the Westminster Police Licensing Team. All entry             and exit points will be covered enabling frontal identification of every person             entering in any light condition. The CCTV system shall continually record whilst             the premises is open for licensable activities and during all times when             customers remain on the premises. All recordings shall be stored for a             minimum period of 31 days with date and time stamping. Viewing of recordings             shall be made available immediately upon the request of Police or authorised             officer throughout the entire 31 day period.

 

            A staff member from the premises who is conversant with the operation of the             CCTV system shall be on the premises at all times when the premises is open.             This staff member must be able to provide a Police or authorised Council Officer             copies of recent CCTV images or data with the absolute minimum of delay when             requested.

 

7.         A Challenge 25 proof of age scheme shall be operated at the premises where the             only acceptable forms of identification are recognised photographic             identification cards, such as a driving licence, passport or proof of age card             with the PASS Hologram.

 

8.         A log shall be kept detailing all refused sales of alcohol. The log should include             the date and time of the refused sale and the name of the member of staff who             refused the sale. The log shall be available for inspection at the premises by the             Police or an authorised Officer of the City Council at all times whilst the             premises is open.

 

9.         An incident log shall be kept at the premises and made available on request to             an authorised Officer of the City Council or the Police. It must be completed             within 24 hours of the incident and will record the following:

 

            (a) All crimes reported to the venue

 

            (b) All ejections of patrons

 

            (c) Any complaints received concerning crime and disorder

 

            (d) Any incidents of disorder

 

            (e) Any faults in the CCTV system

 

            (f) Any refusal of the sale of alcohol

 

            (g) Any visit by a relevant authority or emergency service

 

10.       No beer, lager or cider with an ABV of 5.5% or more shall be sold at the             premises, save that this prohibition shall not apply to premium beer, lager or             cider.

 

11.       All relevant staff shall be trained in relation to their responsibilities under the             Licensing Act 2003.

 

12.       Training Records shall be correct and made available for inspection upon             receipt of request from the Police or an authorised Officer of the Licensing             Authority.

 

13.       No more than 15% of the sales area shall be used at any one time for the sale,             exposure for sale or display of alcohol.

 

14.       There shall be no self-service of spirits on the premises, save for spirit mixtures             less than 5.5% ABV.

 

15.       A notice must be displayed in the premises explaining that it is an offence for             persons under the age of 18 to purchase alcohol.

 

16.       A panic alarm and system shall be installed and maintained at the premises.

 

17.       A burglar alarm system shall be installed and maintained at the premises.

 

18.       All tills shall automatically prompt staff to ask for age verification identification             when presented with an alcohol sale.

 

19.       No miniature bottles of spirits of 20cl or below shall be sold from the premises.

 

20.       No deliveries to the premises shall take place between 20:00hrs and 08:00hrs on             the following day save that this restriction does not apply to newspapers and             magazines or dairy or baker products.

 

21.       No licensable activities shall take place at the premises until the premises has             been assessed as satisfactory by the Environmental Health Consultation Team             at which time this condition shall be removed from the Licence by the Licensing             Authority.

 

22.       Prominent signage indicating the permitted hours for the sale of alcohol shall be             displayed so as to be visible before entering the premises, where alcohol is on             public display and at the point of sale.

 

23.       No noise generated on the premises, or by its associated plant or equipment,             shall emanate from the premises nor vibration be transmitted through the             structure of the premises which gives rise to a nuisance.

 

24.       All waste shall be properly presented and placed out for collection no earlier             than 30 minutes before the scheduled collection times.

 

25.       No waste or recyclable materials, including bottles, shall be moved, removed or             placed in outside areas between 23:00 hours and 07:00 hours.

 

26.       During the hours of operation of the premises, the licence holder shall ensure             sufficient measures are in place to remove and prevent litter or waste arising or             accumulating from customers in the area immediately outside the premises and             that this area shall be swept and or washed and litter and sweepings collected             and stored in accordance with the approved refuse storage arrangements by             close of business.

 

27.       No single cans or bottles of beer or cider shall be sold at the premises except             premium products.

 

28.       All sales of alcohol for consumption off the premises shall be in sealed             containers only and shall not be consumed on the premises.

 

29.     Outside of the hours authorised for the sale of alcohol and whilst the premises             are open to the public, the licence holder shall ensure that all alcohol within the             premises (including alcohol behind the counter) is secured in a locked store             room or behind locked grilles, locked screens or locked cabinet doors so as to             prevent access to the alcohol by both customers and staff.     

           

30.      On the Day of London Pride:-

              i.        Alcohol sales in respect of cans of beer or cider are limited to no more                         than 4 cans per person.

              ii.       The premises will not externally advertise local promotions of alcohol.

             iii.       No sales of alcohol in bottles or glass containers are made during this                         period.

             iv.       Upon the direction of a Police Officer, using the grounds of the                                   prevention of crime and disorder or public safety, the premises will                           immediately cease to sell alcohol until further directed by the Police.

 

31.       No super strength beers, lagers ciders or spirit mixtures of 5.5% ABV or above             shall be sold in the Premises except for premium beers and ciders supplied in             glass bottles.

 

32.       Notice should be prominently displayed in all exits requesting Patrons to             respect the needs of local resident and businesses and leave the area quietly.

 

33.       Staff training should be recorded and updated every six months. Training             should cover the requirements for ID as part of age verification and how to             detect proxy sales the consequence of underage sales (fines and punishments)             drugs and other relevant matters as regard to the Licensing Act and the             responsibility of staff.

 

34.       At least 12 months of a refusal register details should be retained and be made             available upon request by an authorised officer.

 

35.       A personal License Holder should be on the Premises during all hours alcohol             is offered for sale.

 

 

 

Supporting documents: