Agenda item
Sainsburys Supermarkets Limited, Grove House, 88-94 Westbourne Grove, W2
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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1. |
Bayswater Ward / Queensway & Bayswater Cumulative Impact Area |
Sainsburys Supermarkets Limited, Grove House, 88-94 Westbourne Grove, W2 |
New |
16/03507/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 9th June 2016
Membership: Councillor Tim Mitchell (Chairman), Councillor Nick Evans and Councillor Murad Gassanly
Legal Adviser: Horatio Chance
Policy Adviser: Chris Wroe
Committee Officer: Tristan Fieldsend
Presenting Officer: David Sycamore
Relevant Representations: Environmental Health, Metropolitan Police, one local resident and the South East Bayswater Residents Association.
Present: Mr Robert Botkai (Solicitior, Representing the Applicant), Joanne Surguy (Licensing Manager, Representing the Applicant), Mr Dave Nevitt (Environmental Health) Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing a local resident), PC Brian Lewis (Metropolitan Police) and Mr John Zamit
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Sainsburys Supermarkets Limited, Grove House, 88-94 Westbourne Grove 16/03507/LIPN
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Off Sale by Retail of Alcohol
Monday to Sunday: 07:00 – 23:00
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2. |
Hours Premises are Open to the Public
Monday to Sunday: 07:00 – 23:00
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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 Sainsburys Supermarkets Limited for a new premises licence in respect of a Sainsburys Supermarket located at 88-94 Westbourne Grove.
The Licensing Officer provided an outline of the application to the Sub-Committee. It was explained that the existing Sainsburys store would be demolished and this application was intended to replace the current licence.
All parties were invited to make representations to the Sub-Committee in relation to the application. The parties responded to members’ questions and were given an opportunity to ask questions of each other.
Mr Botkai, representing the applicant, advised the Sub-Committee that this was an application for a new licence and whilst the hours for the sale of alcohol were outside core hours it would only replicate what was on the current licence. It was proposed to also add extra conditions to the licence in order to make it more restrictive than it currently was. It was noted that the landlord had obtained planning permission to redevelop the building and the existing store would close in three months’ time for approximately two years. The new store would be similar in size with no increase in retail space and the redevelopment would provide a more modern experience for customers.
It was explained that three conditions relating to an age verification policy and staff training were not in the report before the Sub-Committee and it was proposed to include these in a new licence along with extra conditions agreed with the Police regarding the Notting Hill Carnival.
It was recognised that the premises was located in a cumulative impact area and Mr Botkai drew the Sub-Committee’s attention to paragraph 2.4.6 of Westminster City Council’s Statement of Licensing Policy (“SLP”). This described circumstances where exceptions may be granted and it was felt this application fitted into that criteria.
Representations had been received from local residents and it was suggested some of these had arisen through a misunderstanding regarding various planning conditions imposed on the new building. It was explained that these conditions did not apply to the current licence but would have to be complied with when the new licence came into operation. The applicant was aware that better communication with the local residents was required and it was hoped this could be achieved in the following three months going forward. The Sub-Committee was also advised that there had been no evidence of breaches on the current licence.
In response to a question Mr Botkai explained that it was applying for sales of alcohol outside of the core hours as its current licence already permitted it to do so and it would like to replicate this on the new licence. Only small amounts of alcohol were sold outside of core hours but it was proposed to continue to provide it otherwise sections of the premises would have to be closed off whilst the premises was still trading, leading to logistical problems.
PC Brian Lewis of the Metropolitan Police (“The Police”) addressed the Sub-Committee and highlighted that they were seeking core hours to be imposed on the licence as this was not an exception to policy and therefore paragraph 2.4.6 of the SLP did not apply. It was suggested no evidence had been provided showing that granting the new licence would lessen the impact in a cumulative impact area.
The Police also advanced the argument that selling alcohol at 07:00 hours could potentially encourage problem drinkers to frequent the premises and exacerbate any existing social issues in the area.
Mr Chris Wroe, Licensing Policy Officer, provided the Sub-Committee with clarification regarding paragraph 2.4.6 of the SLP. It was advised that it did not apply to off licences and therefore there was no requirement for applications to prove against the policy and as such there was no presumption against granting a licence. Generally core hours were granted and anything beyond this would be judged on its merits.
Mr Dave Nevitt confirmed that Environmental Health’s representation was maintained due to the residents’ concerns over deliveries to the premises. It was recognised that the application was similar to the current licence in operation for which there had been no reported problems to date. The applicant had agreed the conditions recommended regarding the Notting Hill Carnival and Environmental Health’s minor concerns related to deliveries and the noise disturbance this caused residents.
Mr Brown of the Citizens Advice Bureau advised that a local resident’s property overlooked the area where deliveries to the premises took place and was particularly affected by the noise disturbance. The Sub-Committee was shown photographs of deliveries taking place in the early hours of the morning. It was requested that if the Sub-Committee was minded to implement conditions on the licence they did not mirror the planning conditions imposed already as the planning regime was separate to licensing. It was also highlighted that selling alcohol at 07:00 hours was very early for a premises in a cumulative impact area.
Mr John Zamit, Chairman of the South East Bayswater Residents Association, explained the premises had offices located above it, residential properties to the left and right of it and currently a large forecourt to the front. The forecourt was used for deliveries and the collection of waste and recycling and it was these operations which caused considerable noise nuisance to residents. The redevelopment of the building would result in the loss of the large forecourt therefore considerably decreasing the size of the delivery area and potentially exacerbating the existing problem. Sainsburys had not contacted any residents regarding the application for a new licence and it was hoped better channels of communication could be established in the future. Regarding the hours for the sale of alcohol it was suggested other premises did not sell alcohol from as early as 07:00 and allowing Sainsburys to do so could potentially set a precedent in the area. Therefore, it was suggested alcohol be sold from 08:00 to 23:00 Monday to Saturday and from 10:00 to 22:30 on Sundays.
Mr Botkai commented that with regards to paragraph 2.4.6 of the SLP whilst it did not apply to off licences it was still a helpful reference point. Residents were encouraged to contact Sainsburys if they had any issues but it was highlighted that only one resident had objected to the application. The Sub-Committee was reminded that no conditions had been breached on the current licence and efforts would be made to address the concerns raised.
The Sub-Committee confirmed that it had considered in detail the two main issues concerning the new application, namely the hours relating to the sale of alcohol and the issues over deliveries and collections to the premises. It was recognised that the application was in a cumulative impact area, however the SLP highlighted that as it was for off sales of alcohol there was no presumption against granting the licence. The Sub-Committee also felt that there had been no evidence provided to suggest that the existing hours for the sale of alcohol were creating any issues and as such it was advised that these would be granted as proposed.
The servicing of the store was a concern to the Sub-Committee though and there was evidence that it was causing noise disturbance to local residents. It was felt that the reduction in the size of the forecourt through the redevelopment of the premises had the potential to exacerbate the issues already existing for the delivery of goods and the collection of refuse and recyclables. As such the Sub-Committee felt it was appropriate and proportionate to include three model conditions limiting when servicing of the store could take place. Additional conditions concerning the Notting Hill Carnival agreed between the applicant, the licensing team and the Police were also deemed appropriate and proportionate.
For these reasons, and with the addition of extra conditions addressing the concerns raised, the Sub-Committee therefore granted the application.
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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 responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means nay one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
(a) Games or other activities which require or encourage, or are designed to require or encourage, individuals to; (i) Drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) Drink as much alcohol as possible (whether within a time limit or otherwise);
(b) Provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) Provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) Selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) Dispensing alcohol directly by one person into the mouth of another (other than where that other person in unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (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.
7. The responsible person must ensure that—
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—
(i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii)still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(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.
8(ii) For the purposes of the condition set out in paragraph 8(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.
8(iii). Where the permitted price given by Paragraph 8(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.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(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. |
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Conditions Consistent with the Operating Schedule
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 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.
11. 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 trading area of the premises (and for the avoidance of doubt this does not include the 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 customers.
12. 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.
13. There shall be no self-service of spirits except for spirit mixtures with an ABV not exceeding 5.5% ABV
14. There shall be no sale of beer, lager or cider with an ABV content of 5.5% ABV or above save for premium products which have been agreed with the police (email authority will suffice).
15. 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) any complaints received concerning crime and disorder (c) any incidents of disorder (d) any faults in the CCTV system (e) any refusal of the sale of alcohol (f) any visit by a relevant authority or emergency service.
16. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises. 17. 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.
18. The premises licence holder will at all times maintain adequate levels of staff and security. Such staff and security will be disclosed, on request, to the licensing authority and police.
19. Signage will be displayed at the exit of the premises requesting customers leaving the premises late at night to do so quietly and with consideration so as not to disturb nearby residents.
20. All waste and recycling materials shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. |
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Conditions Attached After a Hearing by the Licensing Authority
21. The premises licence holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or a photo card driving licence bearing a holographic mark or other form of identification bearing the customer’s photograph, date of birth and the Proof of Age Standards Scheme (or similarly accredited scheme) hologram or other form of identification that complies with any mandatory condition that may apply to this licence.
22. All staff engaged or to be engaged in the sale of alcohol on the premises shall receive the following training in age restricted sales:
· Induction Training which must be completed and documented prior to the sale of alcohol by the staff member. · Refresher/reinforcement training at intervals of no more than 6 months.
Training records will be kept at the premises available for inspection by the police or authorised officer on request.
23. All cashiers shall be trained to record refusals of sales of alcohol in a refusals register. The register will contain:
The register will be made available for inspection at the premises by the police or an authorised officer of the licensing authority at all times when the premises are open.
24. 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.
25. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 22.00 hours and 0700 hours on the following day Monday to Saturday and between 1600 and 0700 on the following day on Sunday.
26. No collections of waste or recycling materials (including bottles) from the premises shall take place between 22.00 hours and 0700 hours on the following day Monday to Saturday and between 1600 and 0700 on the following day on Sunday.
27. No deliveries (save for newspapers and magazines) to the premises shall take place between 22.00 hours and 0700 hours on the following day Monday to Saturday and between 1600 and 0700 on the following day on Sunday.
28. No licensable activities shall take place at the premises until premises licence 15/00554/LIPDPS (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
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Supporting documents:
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