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Agenda item

Tesco Stores, 138-144 Queensway, W2

App

No

Ward/ Stress Area

Site Name and Address

Application

Licensing Reference Number

1.

Lancaster Gate Ward /

Queensway/Bayswater Stress Area

Tesco Stores, 138-144 Queensway, W2

New

15/05759/LIPN

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 4

Thursday 17th September 2015

 

Membership:              Councillor Jean-Paul Floru (Chairman), Councillor Heather Acton and Councillor Aziz Toki

 

Legal Adviser:             Heidi Titcombe

Committee Officer:     Jonathan Deacon

 

Relevant Representations:         Environmental Health, Metropolitan Police, 2 Ward Councillors, 2 Residents’ Associations and 1 local resident.

 

Present:  Mr Jeremy Bark (Solicitor, Representing the Applicant), Ms Emma Galloway (Store Manager, Applicant Company),Ms Rebecca St Rose (Environmental Health), PC Chris Marriot (Metropolitan Police), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr John Zamit), Mr John Zamit (South East Bayswater Residents’ Association) and Mr William Kennedy (Queensway Residents’ Association).

 

Tesco Stores, 138-144 Queensway, W2

15/05759/LIPN

 

1.

Sale by Retail of Alcohol (Off)

 

 

Monday to Sunday:                              06:00 to 00:00

 

 

 

Amendments to application advised at hearing:

 

 

Mr Bark, representing the Applicant, confirmed during the hearing that the proposed hours for off-sales were amended to core hours.  Core hours for off-sales are:

 

Monday to Saturday: 08:00 to 23:00

Sundays: 10:00 to 22:30.

 

 

 

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

 

 

Mr Bark, representing the Applicant, confirmed there had previously been a Tesco store at numbers 138-142 Queensway which had the benefit of an off-sales licence until the licence was surrendered in October 2014.   This was an application for a new premises licence to extend the area of the licence to include numbers 138 and 142, but also number 144 Queensway for off sales of alcohol It was noted that the previous licence permitted off sales of alcohol during the core hours of 08:00 to 23:00 hours Monday to Saturday and from 10:00 hours to 22:30 hours on Sundays. Mr Bark confirmed that this new application initially sought to extend the hours of the licence for the supermarket from 06:00 hours until midnight every night of the week.  However, Mr Bark advised during the hearing that following discussions with the parties who had made representations, the proposed hours for off-sales had been amended to core hours.  Mr Bark also advised that, the previous licence had been an old justices’ licence with significantly fewer and less stringent conditions than were proposed for the current licence.  The Sub-Committee was informed by Mr Bark that the intention was to have more produce on the shop floor than was typical of some Tesco stores, presented in a market stall format. 

 

In addition to discussions having led to the Applicant amending the proposed hours for off sales to core hours, the parties present had reached agreement on the majority of the proposed conditions which should be attached to the licence by the time of the hearing.  Mr Bark explained that the one point of difference between the Applicant and the Police and Environmental Health was the Responsible Authorities were requesting a condition requiring that all alcohol should be kept in locked cabinets whilst the Premises are open to the public and outside the hours permitted for the sale of alcohol.

The two points of difference between the Applicant and the residents’ associations and Councillor Burbridge were that they were requesting the ‘locked cabinets’ condition sought by the Responsible Authorities and a further condition that a minimum of one SIA door supervisor would be on duty at the premises at all times whilst it is open for business which the Applicant had not agreed.

 

Mr Bark explained the reasons as to why his client had not agreed the two conditions.  It was felt that imposing the conditions would not be proportionate as there would be a range of measures in place including high levels of staffing (Ms Galloway was supported by six managers and seventy other members of staff in comparison to a typical Tesco Express which typically had eighteen or nineteen staff) and a security guard would be located near to the front entrance of the premises during the hours that alcohol would be sold.  There were security cameras in place, including fixed cameras observing the alcohol display area at all times.  There would be no self-service of spirits save for spirit mixtures less than 5.5% ABV or spirits sold as part of a gift pack so the highest risk spirits would be behind a counter.  Beers and wines would be well away from the main entrance and would be directly adjacent to the checkout areas.  The checkout tills would be manned at all times and the self-service tills would be monitored at all times by permanent supervisors. There would be a dedicated person employed whose role was to look after the alcohol display area, advising on the different products.  Tesco would carry out a risk assessment of the store and in the event there was felt to be an increased security risk, additional security guards would be employed.  Mr Bark expressed the view on behalf of his client that lockable cabinets would not be in keeping with the clientele the Applicant would seek to attract.

 

Mr Bark added that his client had agreed a significant number of conditions to ensure that the licensing objectives were not undermined as a result of alcohol being sold at the store.  There was no evidence that he had been made aware of that any issues had arisen as a result of there not being lockable cabinets at other Tesco stores.  Neither the premises licence at 138-142 Queensway nor the Tesco Express in Queensway had required lockable cabinets and there had been no alcohol related problems in these premises.  He also made the point that Ms Galloway had experience of managing stores, including in the Victoria area, which did have an issue with street drinking.   

 

Mr Bark stated that his client was content for two additional conditions proposed by Mr Zamit of the South East Bayswater Residents’ Association to be attached to the licence.  These were that ‘prior to the time permitted for servicing (between 07.00 and 19.00 hours on Monday to Saturday and 10.00 -17.00 on Sundays and Bank Holidays), delivery vehicles shall not be permitted to wait or park up in the service road at the back of Cervantes Court leading to the delivery loading area’ and ‘all tills shall be programmed with the hours permitted for the sale of alcohol and shall not permit alcohol sales to proceed beyond those hours’. 

 

PC Marriot for the Metropolitan Police and Ms St Rose confirmed that they had maintained their representations to request that the ‘lockable cabinets’ condition was attached to the premises licence.  PC Marriot stated that the adding of the condition to the licence would be consistent with other premises, including the Sainsbury store in the locality.  Both PC Marriot and Ms St Rose expressed the view that the condition would reduce the potential for conflict and theft.  The Sub-Committee asked them whether there was any evidence that the lack of this condition caused conflict.  Ms St Rose replied that there was not specific evidence in the area.  PC Marriot commented that there had been an issue with street drinking in the area but this was not the case currently. 

 

Mr Brown representing the South East Bayswater Residents’ Association and the Queensway Residents’ Association stated that the representations had been submitted on the grounds of cumulative impact in the Stress Area.  He thanked the Applicant for making amendments to the application including agreeing a number of proposed conditions.  The delivery and servicing conditions had been welcomed, particularly to control where lorries would pull in and to minimise the impact on residents living above the store.  Mr Brown confirmed that the points of difference regarding the conditions with the Applicant related to (1)  the requests for the lockable cabinet and (2) requiring a door supervisor to be present at all times the store was open.  One possible option was for the condition to be amended to allow for a dedicated member of staff to be responsible for monitoring the alcohol display area.  Mr Zamit added that a door supervisor was needed between the time when the sale of alcohol ceased and the store closed.  The Sainsbury’s store in the locality had a lockable cabinet and it was not unsightly.  Mr Zamit, Mr Kennedy for Queensway Residents’ Association and Councillor Burbridge wished to make the point that there was an issue with street drinkers, beggars and shoplifting in Queensway.  The Sub-Committee raised the matter with the objectors that the Waitrose in Porchester Road did not have lockable cabinets.  Mr Zamit stated that the security arrangements were different there and there were not the same issues in terms of vagrants in Porchester Road.  The premises had closed within core hours.

 

The Sub-Committee asked Mr Bark whether his client would consider amending their application so that a SIA licensed door supervisor was employed at all times and there was one less member of staff at the premises.  Mr Bark replied that the one SIA licensed door supervisor whilst alcohol was being sold was the minimum commitment offered.  The situation would be regularly assessed so that if the risk assessment required more door supervisors his client would employ more than one.  Ms Galloway made the point that this premises was more ‘high end’ than the one she had managed in Victoria.  In Victoria, there had been a staff programme in place to manage any issues that may arise from street drinkers.  Tesco had worked with the local community and there had been no problems in terms of promoting the licensing objectives.  She informed Members that there had not been lockable cabinets at the Victoria store.  

 

The Sub-Committee granted the application for the amended hours (core hours), subject to conditions as set out below.  Members considered that the revised hours and the conditions which were attached to the licence were appropriate and proportionate to promote the licensing objectives.  Members decided not to impose the locked cabinets condition on the basis that there was no specific evidence of any issues at other Tesco stores having arisen where this condition had not been attached to the licence, including in the local area and there were alternative arrangements proposed by the Applicant at the store to prevent street drinking.  In respect of the SIA door supervisor condition, the Applicant was committed to undertake risk assessments as to how many door supervisors should be employed at any one time and this would be kept under regular review and would be updated at least every 12 weeks.  The Sub-Committee added the requirement to the condition 19 below that the risk assessment would have reference to local residents’ associations and ward councillors.

 

2.

Opening Hours

 

 

Monday to Sunday:                              06:00 to 00:00

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

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

 

 

Granted, subject to conditions as set out below (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 subparagraph 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.          All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

 

 

Additional Conditions

 

7.          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.

 

8.          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.

 

9.          An incident log (whether in electronic or written form) 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 or searching equipment or scanning equipment
(g) any visit by a relevant authority or emergency service.

 

10.        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, passport or proof of age card with the PASS Hologram.

 

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

 

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

 

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 save for any premium or craft beers, lagers or ciders in glass bottles.

 

14.        No single cans of beer, lager or cider shall be sold at the premises.

 

15.        No single bottles of beer, lager or cider shall be sold at the premises where the individual bottle size is less than 400ml or more than 1500ml.

 

16.        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.

 

17.        There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV or spirits sold as part of a gift pack (see also condition 25).

 

18.        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.

 

19.        A minimum of 1 SIA licensed door supervisors shall be on duty at the premises at all times when alcohol is available for sale and in addition the premises licence holder shall carry out a specific security risk assessment identifying the need for SIA licensed door supervisors at any time and where such risk assessment identifies the need for additional SIA licensed door supervision then the premises licence holder shall employ additional door supervisors in such numbers and on such days and at such times as identified in the risk assessment. The risk assessment shall be kept under regular review and shall be updated at least every 12 weeks with reference to local residents’ associations and ward councillors.

 

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

 

21.        All servicing (including refuse collection) of the Retail (Class A1) unit must take place between 07.00 and 19.00 hours on Monday to Saturday and 10.00 -17.00 on Sundays and Bank Holidays. This servicing must take place within the internal loading bay with the roller shutter in the down position. Servicing includes loading and unloading goods from vehicles and putting rubbish outside the building.

 

22.        All deliveries and collections to and from the premises by Tesco delivery vehicles shall be via the dedicated loading bay on Inverness Terrace.

 

23.        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.

 

24.        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.

 

25.        There shall be no sales of bottles or containers of spirits in quantities of less than 30 cl from the premises other than where the spirits are sold as part of gift pack containing other goods.

 

26.       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 20:00 hours.

 

27.        Prior to the time permitted for servicing (set out in condition 21 above), delivery vehicles shall not be permitted to wait or park up in the service road at the back of Cervantes Court leading to the delivery loading area.

 

28.        All tills shall be programmed with the hours permitted for the sale of alcohol and shall not permit alcohol sales to proceed beyond those hours.

 

 

 

Supporting documents: