Agenda item

Co-Op, 207 Shirland Road, London, W9 2EX

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

2.

Harrow Road

Ward/ Not in

Cumulative Impact Area

Co-op

207 Shirland Road

London

W9 2EX

New

Premises

Licence

19/09518/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 10th October 2019

 

Membership:              Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum

 

Legal Adviser:             Horatio Chance

Committee Officer:      Sarah Craddock

Policy Officer:              Kerry Simpkin

Presenting Officer:      Kevin Jackaman

 

Relevant Representations:         Metropolitan Police Service

 

Present:  Richard Arnot-Ward (Solicitor, representing the Applicant), Muhammad Rahman (Area Manager on behalf of the Applicant Company) and PC Bryan Lewis (Metropolitan Police)

 

Co-op, 207 Shirland Road, London, W9 2EX

(“The Premises”)

19/09518/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales only

 

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 Co-operative Group Food Limited (“The Applicant”) for a new premises licence in respect of Co-op, 207 Shirland Road, London, W9 2EX.

 

The Presenting  Officer introduced the application.  He confirmed that the Environmental Health Service had withdrawn their representation as conditions had been agreed with the Applicant.  The Metropolitan Police Force had maintained their representation as agreement had not been reached regarding two specific conditions.  The Premises were located in the Harrow Road Ward but not in a Cumulative Impact Area.

 

Richard Arnot (Solicitor, representing the Applicant), advised the Sub-Committee that it had before it an application for a new premises licence.  The Sub-Committee heard that the Premises intended to trade as a convenience store and open seven days a week selling groceries, sundry items and alcohol for consumption off the Premises.  It was proposed for the sale of alcohol (off sales) to be permitted between 08:00 to 23:00 Monday to Saturday and 10:00 to 22:30 on Sunday.  The Sub-Committee further heard that the wording of two model conditions (conditions 28 and 29) were the only points of contention between the Applicant and the Police.  Mr Arnot advised that the Applicant wished to sell premium beers and ciders in cans as well as glass bottles and that the word ‘selection’ should replace the word ‘service’ in the condition so that the revised condition reads ‘There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV’.  Mr Arnot confirmed that bottled spirits would remain located behind a counter so that customers still needed to be served the bottles by a shop assistance but that it would enable them to use the self service checkout tills and this would have the effect of promoting the licensing objectives in particular the crime and disorder licensing objective.

 

PC Bryan Lewis, representing the Metropolitan Police Service, advised that

the Police were trying to prevent street drinking by prohibiting premium beers and ciders in cans but noted that many premium beers and ciders were now sold in cans.  The Police further noted that the bottled spirits would remain located behind a counter so customers could not help themselves. The Sub-Committee was reassured that the Applicant had proper procedures in place to ensure that the sale of alcohol could not take place without intervention from staff

 

The Sub-Committee discussed these suggested amendments  and noted that the Police were content with the minor amendments to both conditions. 

 

After carefully taking into consideration all of the evidence before it and the  various undertakings given by the Applicant during the course of the hearing, the Sub-Committee was of the opinion that the wording of the two conditions appearing as conditions 28 and 29 below should be amended to reflect changes in practices, were enforceable as conditions imposed on the licence and that all the other conditions on the licence were appropriate and proportionate and would have the overall effect of  promoting the licensing objectives .  The Sub-Committee therefore granted the application accordingly.

 

2.

Hours Premises are Open to the Public

 

Monday to Sunday: 06:00 to 23:00

 

 

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).

 

 


 

 

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.

 

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.

 

6.        The premises will be fitted with a burglar alarm system.

7.        The premises will be fitted with a panic button system for staff to utilise in the             case of an emergency.

8.        All staff will receive comprehensive training in relation to age restricted       products and in particular the sale of alcohol. No member of staff will be       permitted to sell age restricted products until such time as they have        successfully completed the aforementioned training.

9.        An age till prompt system will be utilised at the premises in respect of age restricted products.

 


10.      A refusals register (whether kept and written or electronic form) will be       maintained at the premises and will be made available for inspection upon       request by an authorised Officer of the Police or the Local Authority.

11.       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.

 

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

 

13.       No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 07.00 hours.

 

14.       Deliveries to the premises shall only take place between 0700 and 2300    hours.

 

15.       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.

 

16.       The Licence 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.

 

17.       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.

 

18.       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.

 

19.       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) all seizures of drugs or offensive weapons

 

(f) any faults in the CCTV system

 

(g) any refusal of the sale of alcohol

 

(h) any visit by a relevant authority or emergency service.

 

 20.     A Challenge 21 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.

 

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

 

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

 

23.       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.

 

24.       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.

 

25.       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.

 

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

 

27.       On the Sunday and Monday of the Notting Hill Carnival:

 

a) There will be no sale of alcohol in glass vessels from the premises;

 

b) There will be no external advertisement of alcohol promotions at the                       premises; and 

 

c) There shall be no sale of alcohol from the premises after 19:00 hours.

 

28.       No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans

 

29.       There shall be no self-selection of spirits on the premises, save for spirit 

            mixtures than 5.5% ABV.

                       

 

Supporting documents: