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In reaching its decision, the
Licensing Sub-Committee (“LSC”) considered the
Council’s Statement of Licensing Policy, the Licensing Act
2003, the Regulations made thereunder, and the Guidance issued by
the Secretary of State under S.182 of that Act. In discharging its
functions, the LSC did so with a view to promoting the licensing
objectives of the prevention of crime and disorder, public safety,
the prevention of public nuisance and the protection of children
from harm. 
 
Having considered all written
representations, evidence, and oral submissions, the LSC resolved
to grant a variation of the premises licence.
 
 
Permitted Licensable Activities:
 
Supply
of alcohol for consumption off the premises , 8am – 11pm
daily.
          
Late
Night Refreshment: 11pm – midnight, daily.
 
 
The
Premises Licence shall be subject to the following
conditions:
 

1.   
CCTV shall be installed to Home Office Guidance
standards and maintained in a good working condition, and
recordings shall be kept for thirty-one (31) days and shall be made
immediately available to Police or authorised officers from the
Local Authority (as defined by Section 13 of the Licensing Act
2003) upon request.
 

2.   
CCTV camera shall be installed to cover all the
entrances and exits of the premises.
 

3. 
A member of staff trained in the use of the CCTV
system shall be available at the premises at all times that the
premises are open for trading. This staff member shall be capable
of making copies and downloading any footage immediately requested
by the Police or authorised officers from the Local Authority (as
defined by Section 13, Licensing Act 2003).

4. 
The CCTV system shall display on any recordings the
correct date and time of the recording.

5. 
The CCTV system shall be capable of obtaining clear
facial recognition images, and a clear head and shoulder image, of
every person entering or leaving the premises.

6. 
A ‘Challenge 25’ policy shall be adopted
and adhered to at all times, with posters – including
“It’s A Crime!” designed to warn against proxy
sales – shall be prominently displayed.

7. 
An Incident Log shall be kept at the premises and be
made immediately available for inspection on request to Police or
authorised officers from the Local Authority (as defined by Section
13, Licensing Act 2003), which will record as a minimum the
following:
a) Any
complaints received.
b) Any
incidents of disorder.
c) Any
faults in the CCTV system.
d) Any
visit by a relevant authority or emergency service.
Details
shall be recorded in this Log immediately following each
incident.
 

8. 
A Refusals Register detailing the date and time of
any refused sales of alcohol, the name of the person refusing the
sale, and a description of the person attempting to purchase
alcohol, shall be kept and maintained, and made immediately
available on request to Police or authorised officers from the
Local Authority (as defined by Section 13, Licensing Act 2003).
Details shall be recorded in this Register immediately following
each refusal.

9. 
Any staff directly involved in selling alcohol for
retail to consumers and any staff who provide in-house operational
training, including managers, shall undergo training in the
Licensing Act 2003 legislation at least every six (6) months as a
minimum. The training shall be documented and signed off by the
Designated Premises Supervisor and each member of staff receiving
the training. The Training Log shall be made immediately available
on request to Police or authorised officers from the Local
Authority (as defined by Section 13, Licensing Act
2003).

10. Acceptable proof of
age when determining if a customer is over 18 years for the
purposes of the sale of alcohol shall include identification
bearing the customer’s photograph, date of birth, and
integral holographic mark or security measure. Suitable means of
identification would include a ‘PASS’ approved proof of
age card, a photocard driving licence, or a passport.

11. A sign stating
“No proof of age - No sale” shall be displayed at the
point of sale.

12. Prominent, clear
and legible notices shall be displayed at all exits requesting
patrons to respect the needs of local residents and businesses, and
to leave the premises and the area quietly.

13. There shall be two
members of staff on duty at the premises after 21:00
hours.

14. The Premises
Licence Holder shall have in place procedures to ensure that a
person ordering alcohol to be delivered to their address, or
collecting pre-ordered alcohol from the premises, is over 18 years
of age. A record of each order and the checks carried out by staff
at the premises shall be kept either in a manually-written record
of sales or an electronic record of sales, and made available on
request to Police or authorised officers from the Local Authority
(as defined by Section 13, Licensing Act 2003).

15. Internet sales and
deliveries of alcohol shall only be permitted to a registered
residential or business address, and shall not be delivered to
parks, open spaces, vehicles, or similar. The ‘Challenge
25’ proof of age photo ID must be validated by the person
delivering the alcohol prior to it being handed to the
customer.

16. Alcohol deliveries
by staff from the premises shall only be carried out by persons who
have undergone ‘Challenge 25’ training.

17. For alcohol
delivered by an external contractor, a contract shall be in place
ensuring that they train their delivery staff in line with current
Licensing Act 2003, as it relates to age verification, underage
sales, and the law relating to the sale of alcohol. Details of this
contract shall be made immediately available on request to Police
or authorised officers from the Local Authority (as defined by
Section 13, Licensing Act 2003).

18. No high
Strength  beers, ciders, lagers, and
spirit mixers with an ABV of 6.5% and above shall be stocked or
sold at the premises, with the exception of imported premium and
craft beers with the written consent of the Licensing Authority and
the Police.

19.Signage
shall be prominently displayed in the premises advising customers
not to congregate outside the premises. Details of any loiterers
who refuse to move on after authorised staff have made a reasonable
request should be noted in the premises’ Incident
Record.

20.
All alcohol on display shall be in full view of the
cashier / staff member on duty at all times and shall not be
obscured by displays or shelving.

21.
All alcohol and age restricted goods shall be placed away from
goods aimed at children such as sweets, magazines etc.

22.
During the hours of operation of the premises, the
Premises Licence Holder shall ensure that sufficient measures are
in place to remove and prevent litter or waste arising from
customers in the area immediately outside the premises, and that
this area is kept clear of litter.

23.
Cashier to have clear and unobstructed view of the
public entrance to the premises and the immediate vicinity outside
the premises, with no signage or posters above 1.2m high displayed
obstructing the view.

24.
Alcohol shall not be sold in an open container or be
consumed in the licensed premises.

25. Multipacks of
alcohol shall not be divided for sale of single cans or bottles, or
other single containers.

26. Delivery agents
(e.g. Just Eat, Deliveroo, Uber Eats) collecting deliveries from
these premises shall not leave vehicle engines running, and shall
avoid gathering outside at any time.
 
 
Existing
Conditions within Annex 2 of the Premises Licence:-
Conditions 3, 5, 6, 7, 8, 9, 10 and 12 shall be deleted from the
premises licence.

Basis
of Decision
 
The Applicant’s agent
confirmed that the conditions proposed by the police were agreed
and conditions 18 and 19 were not sought to be imposed on the
varied licence. However, the agent stated the hours sought for the
sale of alcohol and later night refreshment were from 8am to 1am
the next day daily.  
 
The agent informed the LSC that
the variation was sought because of competition from a new business
next to the applicant premises, to maintain commercial
viability.
 
The agent further submitted
that there were no objections from residents, only responsible
authorities, the conditions proposed by the responsible authorities
were accepted and agreed, schools in the locality were not open
late at night, the representations regarding street drinking were
not accepted, the applicants were nt aware of any , at least none
associated with the premises. Moreover, it was submitted that there
were no problems associated with the premises, they were well run.
The agent submitted that the applicant’s daughter had been
granted a 24 hours licence for premises about 20 minutes away from
the applicant’s premises and there was no reason why a
licence to 1am could not be granted.
 
The representations and
submissions from the police and environmental health regarding the
locality being heavily residential and being within a residential
estate, history of street drinking, and the current evidence from
the police that street drinking will increase during warmer months,
likely increase in footfall if a licence to 1am were to be granted,
were given due regard and weight by the LSC.
 
In reaching its decision the
LSC disregarded commercial considerations, and the availability of
alcohol locally, they are not licencing objectives.
 
The LSC considered the nature
of the locality within which the premises are located, being
residential and the licensing objectives of prevention of public
nuisance and of crime and disorder. There was clear evidence of
street drinking and related anti-social behaviour.         
 
The LSC also were of the view
that the proposed conditions by the Police and Environmental Health
were proportionate to promote the licencing objectives, and which
were agreed by the Applicant.
 
Any party aggrieved by this
decision may appeal to the magistrates’ court within 21
days.