Agenda item

Essentials, Ground Floor Unit G2, The London Pavilion, 1 Piccadilly, London (“The Premises”)

19/05805/LIPN

1.

Sale by Retail of Alcohol – Off Sales

Monday to Saturday: 08:00 to 23:00

Sunday: 10:00 to 22:30

Amendments to application advised at hearing:

None.

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

The Sub-Committee considered an application by Global Vips Ltd (“The Applicant”) for a new premises licence in respect of Essentials, Ground Floor Unit G2, The London Pavilion, 1 Piccadilly, London.

The Licensing Officer introduced the application to the Sub-Committee.

Ms Sharkey, representing the applicant, explained that the applicant already operated a number of convenience stores, four of which were located within Westminster. One of these was situated in Coventry Street and another in Leicester Square tube station. These two premises had both been granted licences which permitted off sales of alcohol from the Coventry Street location and late-night refreshment on Fridays and Saturdays from the Leicester Square premises. The conditions offered in the application before it mirrored those agreed on the other two licences mentioned. The Sub-Committee noted that the applicant had been operating the Leicester Square premises for 30 years.

Ms Sharkey drew the Sub-Committee’s attention to the plans and highlighted how the Premises operated over two levels. On the ground floor access to the Premises was at street level with the entrance of the store situated very close to the entrance to Piccadilly tube station. The lower ground floor level was situated entirely within the tube station itself. It was confirmed that there was no customer access between the two floors. The application for the sale of alcohol was in accordance with what was granted at the Coventry Street premises. The hours requested were within core hours, no issues at the other premises operated by the applicant had been reported with regard to the sale of alcohol and the alcohol offer proposed for the application was considered very restricted. Licensable activities would be ancillary to the Premises operating as a convenience store, only a maximum of 15% of the shop’s floor space could be used to display alcohol with the sale price considered high in comparison to supermarkets. It was suggested that the clientele would mainly consist of tourists.

The Police representation was noted by the applicant and Ms Sharkey highlighted how it had not been made in relation to the sale of alcohol. The main concern stated related to the provision of late-night refreshment. The Sub-Committee was informed that late night refreshment had only been applied for on Fridays and Saturdays and was being sought to cater for those using the late-night tube. A high level of security was in place at Piccadilly tube station during the night. The food provision consisted mainly of items such as sausage rolls and samosas which staff would heat up in a microwave. There would be no self-service of hot food or drink. Currently, the provision of hot food and drink ceased at 23:00 even though the Premises traded for 24 hours. The applicant had operated Temporary Event Notices (TENS) for late night refreshment previously with no reported adverse impact on the local area. The Sub-Committee was advised that the majority of customers were in the tube station going home therefore leaving the Cumulative Impact Area (CIA). This, in conjunction with the suggestion that a convenience store did not attract people into a CIA, could make the application an exception to policy.

Ms Sharkey confirmed that alcohol would be available for sale on both floors of the Premises and it had also been applied to provide late night refreshment over the two levels. The Sub-Committee was advised that people did not congregate in the area but if there were concerns then the applicant would be content to restrict the provision of late-night refreshment to the lower ground floor only.

PC Guerra, representing the Metropolitan Police, clarified that they had no objections to the alcohol element of the application. The hours for the sale of alcohol were within core hours and sufficient conditions had been offered to ensure the licensing objectives would be promoted. The provision of late-night refreshment was the main area of concern as the hours sought were in excess of core hours. The applicant had suggested restricting it to the basement level and it was confirmed this would alleviate some of the concerns raised. PC Guerra stated that the ground floor level was located in a very busy area where people often did congregate. It was suggested that providing hot food and drink in this area had the potential to retain people in the CIA. The applicant had previously operated TENs from the Premises and during these no significant instances of crime and disorder had been reported. In response to a question from the Sub-Committee regarding the layout of the store, PC Guerra explained that the public would perceive the two levels of the Premises as being completely separate.

Ms Seaward, representing the Licensing Authority, confirmed that the Premises was located within a CIA and as such policies OS2 and FFPO2 had to be considered. It was acknowledged that the applicant had offered conditions which would help mitigate the potential adverse effects on the licensing objectives. However, under paragraph 2.5.29 of the Council’s licensing policy granting off sales raised serious concerns over problems of street drinking or late-night disorder. Therefore, consideration had to be given to restricting the number, type and hours for the sale of alcohol for consumption off the Premises. The applicant needed to demonstrate how the application would not add to cumulative impact in the CIA. Paragraph 2.5.28 also stated that premises which open after 23:00 can attract large groups of customers, many of which may have been consuming alcohol and therefore more likely to be involved in anti-social behaviour.  Exceptional circumstances had to be shown by the applicant therefore that granting the provision of late-night refreshment in a CIA would not add to cumulative impact in the area.

The Sub-Committee carefully considered the application noting that the Premises was located in a CIA. However, the operator was very experienced and there were no reported issues arising from this, or the applicant’s other premises, as confirmed by the Police. Concerns raised over the application were not primarily related to the provision of alcohol and the Police had also stated that they had no concerns over this aspect of the application. The main concerns highlighted related to late night refreshment and whether this had the potential to give rise to any potential disturbance. In particular, the licensing policy was to refuse applications for fast food premises that might have the effect of retaining customers in the CIA, especially after 23.00 hours. Although the fast food offer at this Premises was very limited, the offer was still there and this had to be taken into consideration.   

With regards to the lower ground floor level of the Premises located within the tube station, the high level of security in place provided reassurance that it would not be a source of any issues. The Sub-Committee was also of the opinion that customers purchasing late night refreshment in the lower ground floor level at the hours requested were likely to be leaving the CIA rather than entering it. The nature of the hot food available was unlikely to attract people into the area and therefore not add to cumulative impact. Concern still existed however over providing hot food and drink to the hours requested on the ground floor level of the Premises. The Police had detailed that the area was very busy with people tending to congregate in the vicinity. The Sub-Committee felt that allowing late night refreshment on this level had the potential to keep people who had been drinking in the CIA, which could give rise to anti-social behaviour. The Sub-Committee therefore welcomed the applicant’s suggestion to withdraw late night refreshment from the ground floor level and felt this would be necessary to ensure the application did not add to cumulative impact. Due to the layout of the Premises it was also felt necessary to impose a condition on the licence preventing the advertisement on the ground floor of the availability of late-night refreshment on the lower ground floor. This was considered important by the Sub-Committee in striking the right balance to ensure the application did not add to cumulative impact. It was also noted that a series of conditions had been agreed between the Police and the applicant regarding the sale of alcohol on the day of London Pride. Overall, the Sub-Committee considered the proposed conditions were appropriate and proportionate for the local area and would ensure that the licensing objectives were promoted. Restricting late night refreshment to the lower ground floor level also provided reassurance to the Sub-Committee that it would not add to cumulative impact in the local area and could be considered an exception to policy. The Sub-Committee therefore granted the application accordingly.

2.

Late Night Refreshment – Indoors and Outdoors

Friday to Saturday: 23:00 to 05:00 on the day following

Amendments to application advised at hearing:

The applicant advised that if the Sub-Committee was minded to grant the application, the provision of late night refreshment from the ground floor level of the Premises could be withdrawn.

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

The Sub-Committee granted the application (see reasons for decision in Section 1), subject to the provision of late-night refreshment being prohibited from the ground floor level of the Premises.

3.

Hours premises are open to the public

Monday to Sunday: 00:00 to 24:00

Amendments to application advised at hearing:

None.

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

The Sub-Committee granted the application (see reasons for decision in Section 1)