Agenda item
The St John's Wood General Store, 17 St John's Wood High Street, NW8 7NG
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 13 July 2023
Membership: Councillor Angela Piddock (Chair) Councillor Concia Albert and Councillor Louise Hyams
Officer Support: Horatio Chance: Legal Advisor
Policy Officer: Aaron Hardy
Committee Officer: Jack Robinson-Young
Other Parties: Mr Alun Thomas and Will Robinson of Thomas & Thomas Partners, representing the Applicant T42 Limited, Raj Bathia Owner, Ethan Berenzweig (Landlord)
Environmental Health Service (Maxwell Koduah).
Application for a New Premises Licence in respect of The St Johns Wood General Store 17 St John's Wood High Street London NW8 7NG 23/03022/LIPN
Full Decision
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of the above Premises (“The Premises”). The Premises intends to operate as a premium general store.
The Applicant has proposed 13 conditions in their operating schedule. The MPS withdrew their representation after the Applicant agreed to amend the CCTV condition. These can be found in Appendix 4 of the agenda report. The Applicant has provided a summary of proposals, a letter to the interested parties and details about the Premises, these can be found at Appendix 2. The Applicant submitted a written submission and this was considered by the Sub-Committee.
The Premises are located within the Regents Park Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse an application of this type under Policy SHP1.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
Representations were received from the MPS (withdrawn) EHS and 3 local residents all citing concerns regarding public nuisance and public safety.
There is a resident count of 216.
Premises
The St Johns Wood General Store
17 St John’s Wood
High Street
London
NW8 7NG
Applicant
T42 Limited
Cumulative Impact Area
None
Activities and Hours
Sale by Retail of Alcohol (Outdoors)
Monday to Saturday 08:00 to 23:00
Sunday 09:00 to 22:30
Opening Hours of the Premises
Monday to Sunday 07:00 to 23:00
Seasonal variations: None
Representations Received
· Metropolitan Police Service (MPS) (PC Reaz Guerra) (Withdrawn 23 June 2023)
· Environmental Health Service (EHS) (Kudzaishe Mondhlani)
· Miss Marjike Drewes, 78A St Johns Wood High Street London NW8 7SH
· Ms Sarah Amador 78A St Johns Wood High Street London NW8 7SH
· Mr Xavier D’arifat 78A St Johns Wood High Street London NW8 7SH
Summary of Representations
- I am writing to inform you that the Metropolitan Police, as a Responsible Authority, are objecting to this application as it is our belief that if granted the application would undermine the Licensing Objectives
- The supply of alcohol would have the likely effect of causing an increase in Public Nuisance in the area and may also impact on Public Safety
- The granting of this application as presented would have the likely effect of causing an increase in Public Nuisance and may also impact on Public Safety.
- Cars will constantly drive up and depart until late every evening . Car doors will be slammed and engines started. There will be unnecessary revving of engines of flashy sports cars, screeching tires, insane loud music or amplified conversations on mobiles. All this will definitely disturb the piece.
- View is that application is inappropriate for a conservation area of special unique historical character” as over the hours of opening and alcohol sales.
- Fear that the availability of cheap alcohol late into the evening will ensure that people who have drunk too much continue drinking and hang around the high street creating, noise, disturbance and engaging in anti-social behaviour.
Policy Considerations
Policies HRS1 and SPH1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy HRS1
A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
2. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of
alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into
account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
6. Pubs and bars, Fast Food and Music and Dance venues
Monday to Thursday: 10am to 11.30pm.
Friday and Saturday: 10am to Midnight.
Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday:
Midday to Midnight.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy SPH1
A. Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol meeting the council’s Ancillary Alcohol and/or Late night Refreshment Delivery Service Policy DEL1.
4. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a shop in Clause C.
B. Applications for a shop inside the West End Cumulative Impact Zone will be considered on their own merits and subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol meeting the council’s Ancillary Alcohol and/or Late night Refreshment Delivery Service Policy DEL1.
4. The applicant having demonstrated that they will not add to
cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a shop in Clause C.
C. For the purposes of this policy:
1. A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment.
2. The licensable activities for the sale of alcohol for consumption on the premises, regulated entertainment and/or late night refreshment must be ancillary to the primary use of the premises as a shop.
3. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the premises unless that primary use is to sell alcohol for consumption off the premises, e.g. a traditional off licence
Submissions and Reasons
Ms Roxsana Haq Presenting Officer outlined the application to the Sub-Committee. She advised this was an application for a New Premises Licence in respect of The St Johns Wood General Store located at 17 St John's Wood High Street London NW8 7NG. The application has been made by T42 Limited (Represented today by Mr Alun Thomas). The applicant seeks the sale by retail of alcohol Off the Premises. Full details can be found at page 60 of the report bundle. Representations were received from 3 interested parties and none of them are in attendance today. The Premises are located within the Regents Park Ward and does not fall within the West End Cumulative Impact Zone nor Special Consideration Zone applies.
Mr Alun Thomas Solicitor acting for the Applicant addressed to the Sub-Committee.He advised that the concept for the General Store was founded in 2021 which in essence was to bring high quality produce from around the world to the UK.
In summary Mr Thomas confirmed the following matters:-
- This will be a global local store with speciality produce.
- The produce of the goods is of a high quality and that will be the customer experience with the sale of alcohol forming a small part of the offer.
- The flagship store is in Battersea Power Station.
- The Landlord is present to answer questions.
- The Premises does not fall within the West End Cumulative Impact Zone nor Special Consideration Zone and so the application should be dealt with upon merit.
- The Premises will operate as an off-licence and so Policy SHP1 will apply.
- Conditions have been agreed with the EHS and MPS with the MPS having withdrawn their representation.
Mr Raj Bathia, Owner of the Applicant Company addressed the Sub-Committee. He advised that he had some 22 years retail experience and was enthusiastic about his loving of great good quality food. He said that he had travelled extensively during his world travels over the years and did not see the type of products he saw on those travels readily available and so decided to bring that concept to London. This idea was responded to positively and so far, has been an exciting and rewarding business.
In answer to questions from the Sub-Committee the Applicant confirmed the following:-
· Deliveries locally are by way of a shopping trolley; however, we take on board the Sub-Committee’s comments regarding noise generated from the trolleys when making those deliveries and the safety of pedestrians, particularly young children. This practice will now cease and a new system adopted.
· Engagement through the local community is positive with many people active. We have an imminent launch event on a Saturday and will engage with many people there. We will send out emails and engage on social media. Every month there will be a cheese tasting session.
· We employ experience staff so the staff will be transferred to the Premises so they know what they are doing.
· In terms of the running and management of the Premises two tills will be set up so that we can move quickly. All the produce has barcodes so we can serve quickly. The shop is quite narrow and long and so customers will have to queue and this process will be managed efficiently by staff.
Conclusion
The Sub-Committee realises that it has a duty to consider each case on its individual merits and did so when determining the matter.
The Premises are to operate as a general store with premium produce from around the world at the higher end of the market to its London customer base. This Premises will be a further shop in the Applicant’s portfolio noting that there are branches in Battersea and Chelsea close to people’s homes in residential homes. The sale of alcohol is for “Off sales” only within the core hours policy and so there is no policy presumption to refuse the application.
The Sub-Committee decided that there are to be no super-strength beer, lager or ciders above 5.5% ABV (alcohol by volume) sold at the Premises save for premium beer or ciders in glass bottles and this is now conditioned on the premises licence accordingly. All off sales are to be in sealed containers and this requirement is also conditioned on the licence.
The Sub-Committee noted and welcomed that the Applicant had prior to the hearing contacted local residents by way of letter that objected to the application setting out the concept of the business, what measures are to be implemented by the Premises to address the potential for nuisance in order to secure the promotion of the licensing objectives. An invitation to meet local residents in person or online was also offered by the Applicant to local residents but this offer seemed not to have been taken up by those residents to be affected.
The Sub-Committee noted that the Premises is not located within the West End CIZ nor Special Consideration Zone and so there is no policy presumption to refuse an application of this type provided that the licensing objectives are not undermined.
The Sub-Committee had regard not only to the written and oral evidence but also to the requirements of the Act, The Guidance issued under section 182 of the Act and the City Councils SLP in the main policies SPH1 and HRS1.
The Sub-Committee considers that the conditions it has imposed on the premises licence regarding CCTV by way of security, the strength of alcohol to be sold, challenge 21/25 policy and proof of age, deliveries and collections of waste to the Premises within permitted hours so as to prevent nuisance to be appropriate and proportionate and will have the overall effect of promoting the licensing objectives, in particular the prevention of public nuisance and crime and disorder licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for the Sale by Retail of Alcohol (Off the Premises) Monday to Saturday 08:00 to 23:00 Sunday 09:00 to 22:30Seasonal Variations: None
2. To grant permission for the Opening Hours of the Premises Monday to Sunday 07:00 to 23:00 Seasonal variations: None
3. That the Licence is subject to any relevant mandatory conditions.
4. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant.
5. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
6. Notices shall be prominently displayed within the premises requesting patrons to respect the needs of local residents and leave the local area quietly.
7. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
8. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 07:00 hours on the day following.
9. No deliveries shall be made to the premises between 23:00 hours and 07:00 hours.
10. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
11. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
12. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record 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.
13. No super-strength beer, lager or ciders above 5.5% ABV (alcohol by volume) shall be sold at the premises save for premium beer or ciders in glass bottles.
14. 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.
15. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
16. A Challenge 21 or 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.
17. 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, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
18. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
19. 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 of 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
13 July 2023
Supporting documents:
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17 St Johns Wood High St_Redacted, item 3.
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