Agenda item
Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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1. |
Warwick Road Ward/ Not in Cumulative Impact Area |
Eureka Basement to Ground Floor 46 Warwick Way London SW1V 1RY |
New Premises License |
19/04732/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 2
Thursday 1st August 2019
Membership: Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum
Legal Adviser: Barry Panto
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: Environmental Health and Councillors Nickie Aiken and Jacqui Wilkinson (Warwick Ward Councillors)
Present: Mr Noel Samaroo (Agent, representing the Applicant), Mr Anil Drayan (Environmental Health) and Councillor Jacqui Wilkinson (Warwick Ward Councillor)
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Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY (The Premises”) 19/04732/LIPN
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1. |
Sale by Retail of Alcohol – Off Sales
Monday to Sunday: 10:00 to 22:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Dhavalkumar Trivedi (“The Applicant”) for a new premises licence in respect of Eureka, Basement to Ground Floor, 46 Warwick Way, London, SW1V 1RY. The application was for off-sales of alcohol from a convenience store / newsagent from 10 am to 10 pm every day of the week.
The Licensing Officer introduced the application to the Sub-Committee and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.
Mr Samaroo, representing the applicant, explained that when submitting the application, a mistake had been made regard to the opening hours of the Premises. The application stated the opening hours for Monday to Sunday as 10:00 whilst it should have specified its current opening hours of 07:00.
The Sub-Committee was advised by Mr Samaroo that the applicant had been operating the Premises for 13 years. The application before it was to permit the sale of alcohol between the hours of 10:00 and 22:00 Monday to Sunday. Mr Samaroo advised that the Police had commentated on the comprehensive nature of the application which had been made to ensure it would not detrimentally impact on local residents. No residential representations had been received and the Police had withdrawn their representation following the agreement of conditions which included prohibiting any sales of high strength beers or miniature bottles of spirits. It was recognised that street drinking was an issue in the area and this had been taken into consideration when making the application. Discussions with Environmental Health (EH) had taken place following which a condition would be added to the licence requiring all alcohol within the trading area to be secured behind locked grilles outside the hours permitting the sale of alcohol.
The Council’s Legal Adviser clarified to all parties that as the applicant had applied for 10:00 as the opening hours, if the Sub-Committee was minded to grant the application then it could not grant any hours in excess of this. The applicant would not be committing an offence by opening at its current hours of 07:00, as long as they were not selling alcohol. However, if any problems were reported to be emanating from the Premises then the licence could potentially be reviewed. It was indicated that it might be possible to vary the opening hours by making a minor variation application.
Mr Samaroo addressed the two representations received from the Ward Councillors. They both made reference to the Premises being located close to a Cumulative Impact Area (CIA) but Mr Samaroo confirmed that it was not located within a CIA. Concerns had been raised that high strength beers would be for sale, however a condition would be added to the licence to prevent this. Street drinking was an issue in the area but the Sub-Committee was advised that there was not another licensed establishment within 100 yards of the Premises. The application promoted the licensing objectives and this was evidenced through the applicant’s agreement of conditions with both the Police and EH.
Mr Drayan, representing Environmental Health, confirmed that model condition 81 had been agreed with the applicant which ensured that no licensable activities could take place at the Premises until it had been assessed as satisfactory by EH. Mr Drayan had recently visited the Premises and advised that there were a number of licensed establishments in close proximity to it. There was therefore a substantial number of other venues in the area where alcohol could be purchased. The application was within core hours and the conditions proposed were consistent with those expected to be on licences for similar premises. Mr Drayan confirmed that therefore he was satisfied with the application.
Councillor Wilkinson addressed the Sub-Committee and stated that she objected to the application in her capacity as Warwick Ward Councillor. It was explained that Warwick Ward already suffered from significant problems relating to anti-social behaviour which were exacerbated through the consumption of alcohol. There were multiple licensed establishments in the area where alcohol could be purchased resulting in a relatively small area being saturated with places offering on and off sales of alcohol. It was acknowledged that the Premises was not located within a CIA but permitting another establishment to sell alcohol would increase the cumulative impact of alcohol in the local area. The Premises already operated as a newsagent and it was queried whether the sale of alcohol could be considered an integral part of its operation. The proposed hours were within the core hours policy however it would be an additional establishment selling alcohol seven hours a day. The application would also impact on other local businesses and set a precedent which other newsagents could potentially follow. Overall, it was considered that there were numerous issues with the application and it was hard to identify any benefits in granting the licence.
After careful consideration the Sub-Committee agreed to grant the application subject to conditions. Particular consideration was given to the concerns raised by the Ward Councillors with regards to the severe issues of anti-social behaviour experienced in the area, most caused by street drinking. The applicant had demonstrated, however, that he was aware of the sensitive nature of the area and had agreed appropriate conditions with the responsible authorities which would ensure the licensing objectives were promoted. These conditions included prohibiting any sales of super-strength beer and spirit miniatures, therefore minimising any impact on the local area. To provide further reassurance an additional condition would also be added to the licence requiring no alcohol to be sold to any persons known to engage in anti-social behaviour, in particular street drinking. This would ensure that if any problems did arise from the operation of the Premises there was the potential for the licence to be reviewed. A further condition to be imposed on the licence proposed by the applicant included the addition of one requiring a personal licence holder to be on duty at the Premises whenever alcohol was available for sale. The importance of this condition was highlighted by the Sub-Committee in order to make sure that there was always a member of staff in attendance at the Premises who understood that alcohol could not be sold to street drinkers.
It was also noted that the Police had withdrawn their representation and EH was satisfied with the application following the agreement of conditions. The Sub-Committee considered these conditions appropriate and proportionate considering the issues experienced in the area and was of the view that they would promote the licensing objectives. Due to the opening hour specified on the application mirroring the hours permitting the sale of alcohol, the Sub-Committee considered EH’s proposed condition regarding alcohol displays to be secured behind locked grilles outside the hours authorising sales not to be necessary. The applicant had stated that the permitted opening hours would be changed via a minor variation application. Therefore, the applicant and EH were requested to ensure that the lockable grille condition be specified on the licence when the variation application was submitted. In making its decision the Sub-Committee also had regard to the fact the Premises was not located within a Cumulative Impact Area and the hours sought for the sale of alcohol were within the core hours policy.
Having taken into account all the evidence (with consideration being given to the representations received from Councillors Aiken and Wilkinson) the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised. The applicant had demonstrated that the application was appropriate and the conditions proposed would ensure it promoted the licensing objectives.
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2. |
Hours Premises are Open to the Public
Monday to Sunday: 10:00 to 22:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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Conditions attached to the Licence |
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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.
5(ii) For the purposes of the condition set out in paragraph 5(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.
5(iii). Where the permitted price given by Paragraph 5(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.
5(iv). (1) Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(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
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 preceding 31-day period. 7. A staff member who is conversant with the operation of the CCTV system shall be available when the premise is open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested. 8. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises. 9. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale. 10. A direct telephone number for the manager at the premises shall be made available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity. 11. 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. 12. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV. 13. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises. 14. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol. 15. All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority. 16. The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced. 17. 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. 18. 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 or passport. 19. 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. 20. The DPS and the Premises Licence holder are responsible for ensuring that the premises do not cause any nuisance to the local residents, other business operators or the general public.
21. The DPS will monitor the external areas of the premises in relation to public nuisance or antisocial behaviour.
22. Deliveries and rubbish collections will only take place during normal business hours and are at the rear or the premises.
23. Any antisocial behaviour CCTV recordings will be made available to the police and environmental health officers.
24. Notices will be prominently displayed at the exit requesting that residents respect the nature of the residential area and leave quietly.
25. Customers shall be discouraged from congregating outside the premises.
26. Signage will be prominently displayed advising customers that they are being recorded on CCTV. Additional signage will also be displayed indicating that:
a) NO ALCOHOL WILL BE SERVED TO KNOWN STREET DRINKERS b) PLEASE NOTE THAT THIS STORE DOES NOT STOCK OR SELL ANY STRONG BEERS OR CIDERS WITH AN ABV OF MORE THAN 5.5%.
27. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.
28. No alcohol shall be sold to any persons known to engage in anti-social street drinking.
29. 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.
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Supporting documents:
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