Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	Bryanston and Dorset Square Ward/ Not in Cumulative Impact Area	Melcombe News, Basement And Ground Floor, 3 Melcombe Place, London, NW1 6JE	New Premises Licence	20/07246/LIPN

 

WCC LICENSING SUB-COMMITTEE NO. 4

 

Thursday 15^th October 2020

 

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

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Michelle Steward

 

 

Application for a New Premises Licence 20/07246/LIPN

Full Decision

 

Premises

 

Melcombe News

Basement and Ground Floor

3 Melcombe Place

London

NW1 6JE

 

 

Applicant

 

Melcombe News Limited

Represented by Mr Stewart Gibson (SG Licensing)

 

 

Cumulative Impact Area?

 

Not in a Cumulative Impact Area

 

 

Ward

 

Bryanston and Dorset Square

 

 

Summary of Application

 

The Premises operates as a local newsagent/convenience store and is a family run business which has traded at these Premises for the past 30 years. Sales have predominantly come from newspapers, tobacco and confectionery, but the applicant is now looking to branch out and add other ranges to the sales mix, of which the sale of alcohol for consumption off the premises is one of the options.

 

 

 

 

 

Proposed Activities and Hours

 

 

Retail Sale of Alcohol [Off Sales]

 

Monday to Saturday 08.00 to 21.00

Sunday 10:00 to 21:00

 

 

Hours premises are open to the public

 

Monday to Friday 07.00 to 21.00

Saturday to Sunday 08:00 to 21:00

 

 

Representations Received

 

·       Metropolitan Police (PC Bryan Lewis) – Now withdrawn

·       Environmental Health (Ian Watson)

·       Regis Court Management

·       St Marylebone Society Committee

·       Five local residents objecting to the application

 

 

Summary of issues raised by objectors

 

·       The hours requested for the supply of alcohol would have the likely effect of causing an increase in Public Nuisance within the area.

 

·       The surrounding area already had many licensed Premises in the area selling alcohol resulting in anti-social behaviour and encouraging street drinking.

 

·       The forecourt outside Melcombe Place is rarely kept clean resulting in a build-up of litter on either side of the residential main doors.

 

 

Policy Position

 

Under policy HRS1 applications for hours within the Council’s core hours policy would generally be granted, subject to not being contrary to other policies in the Statement of Licensing Policy (“SLP”).

 

 

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to Grant the application.

 

Mr Stewart, representing the Applicant, described how the Premises was a very small store which had operated as a family run business for 30 years. The application sought to permit off sales of alcohol in order to increase the sales mix of the business during what were very challenging times due to the Covid-19 pandemic. The application was not seeking to attract further customers into the store but instead was seeking to increase the spend of existing customers by providing further variety. Mr Stewart confirmed that conditions had been agreed with the Police, who had subsequently withdrawn their representation, and these included restricting to 15% the sales area for alcohol and prohibiting the sale of any super strength beers or lagers. It was also highlighted that the hours sought were within the Council’s Core Hours Policy and the Premises was not located within a Cumulative Impact Area (CIA). The relevance of several of the representations received were queried but Mr Stewart wanted to provide reassurance by explaining to the Sub-Committee that the type of alcohol for sale and the early terminal hour would result in the Premises not encouraging street drinking or cause any disturbance in the local area.

 

In response to questions from the Sub-Committee Mr Patel, the Applicant, advised that the Premises was unlikely to attract football fans who were more likely to frequent nearby pubs or buy alcohol from larger supermarkets in the local area. The Premises was there to cater for local residents and this application was intended to provide them with a greater choice of products for sale and this fitted in with the idea and concept of a family run local shop.

 

Mr Watson, representing Environmental Health, confirmed that the Premises was not located within a CIA and the City Council’s SLP highlighted that applications would generally be granted if they promoted the licensing objectives and were within the core hours policy. A set of comprehensive conditions had been agreed with the Applicant and these were considered appropriate in addressing the concerns raised.

 

Ms JE, a local resident, expressed concern over the potential for customers to purchase alcohol and then consume it on the forecourt outside the Premises, therefore creating a nuisance for local residents.

 

Mr TP, a local resident, also expressed concern over the impact this application could potentially have on the area directly in front of the Premises in terms of litter and customers loitering. Mr TP also queried why the Premises was seeking a licence for the ground floor and basement when currently only the ground floor was in use as a newsagent.

 

Following a question from the Legal Advisor to the Sub-Committee to Ms JE and Mr TP both agreed that the conditions agreed between the Applicant and the Responsible Authorities were adequate to address their main concerns. Mr Stewart also confirmed that to provide reassurance to the residents a condition could be added to the licence restricting any licensable activities to the ground floor only.

 

The Sub-Committee carefully considered the application and noted that the Premises was not located within a Cumulative Impact Area and therefore the application had to be considered on its merits. The conditions agreed with the Responsible Authorities were considered appropriate and this included placing restrictions on the sales area for alcohol and prohibiting any sales of super strength beers or lagers. This addressed concerns that it would encourage street drinking or be a source of other potential public nuisance therefore minimising any impact on local residents. In addition, the licence would have a condition on it requiring the Applicant to keep the forecourt area clear of litter and ensure it was kept clean. Also, to provide further reassurance an additional condition would also be added to the licence restricting any licensable activities to the ground floor of the Premises only. The hours permitting the sale by retail of alcohol were taken into account by the Sub-Committee and it was noted that they were within the Council’s Core Hours Policy.

 

Therefore, having taken into account all the evidence (with due consideration being given to the representations received from local residents), the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised particularly those from residents. The Sub-Committee came to the conclusion overall that the Applicant had demonstrated that the application would have the effect of promoting the licensing objectives and that the conditions imposed were considered appropriate and proportionate and on that basis granted the application accordingly.

 

The Sub-Committee clarified that the licence was subject to any relevant mandatory conditions with the proviso that mandatory conditions 4, 5 and 7 shall not appear on the licence due to the nature of the operation.

 

 

Licensable Activities and Hours

 

 

Retail Sale of Alcohol (Off Sales):

 

Monday to Saturday:       08:00 to 21:00 hours

Sunday:                             10:00 to 21:00 hours

 

 

Opening Hours:               

 

Monday to Friday:            07:00 to 21:00 hours

Saturday to Sunday:        08:00 to 21:00 hours

 

 

The application is granted subject to the following conditions in addition to the Mandatory conditions applicable to this type of application

 

          

Conditions imposed by the Committee after a hearing:

 

1.        All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only and shall not be consumed on the premises.

 

2.        All tills shall automatically prompt staff to ask for age verification identification whenpresented with an alcohol sale.

 

3.        A Challenge 21 or 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.

 

4.        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.

 

5.        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.

 

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

 

7.        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.

 

8.        No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

9.        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.

 

10.      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 licensable activities are provided. 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.

 

 

11.      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, which 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.

 

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

 

13.      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.

 

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

 

15.      No waste or recyclable materials shall be moved, removed from or placed outside the premises between 23.00 hours and 08.00 hours on the following day.

 

16.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hours and 08.00 hours on the following day.

 

17.      No deliveries to the premises shall take place between 23.00 hours and 07.00 hours on the following day.

 

18.      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.

 

19.      Licensable activities shall be restricted to the Ground Floor area of the Premises.