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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, and the Applicant
adopting the licencing conditions proposed on behalf of the
Commissioner of the Metropolitan Police, amending its application
to alter the hours for sale of alcohol for consumption off the
premises until 09:00 and proposing an additional condition to the
licence for the licence holder to draft and adopt a written
dispersals policy for anti-social behaviour by gatherings of the
persons in the immediate vicinity of its premises, the LSC resolved
to grant the premises licence for the sale and supply of alcohol
for consumption off the premises.
 
Permitted Hours for Licensable Activities (Supply of Alcohol
(Off the premises only)):
Monday – Sunday from
09:00 hours until 23:00 hours.
 
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.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.
 
15.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.
 
16.A written
dispersals policy shall be adopted, and all staff shall be made
aware and given training on the same, in order
to require the dispersal of individuals or groups of
individuals gathering or loitering in the immediate vicinity of the
premises. For the avoidance of doubt the dispersal policy shall
include the forecourt area adjacent to the public
highway
 
17.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.
 
18. All alcohol and age restricted goods shall be
placed away from goods aimed at children such as sweets, magazines
etc.
 
19.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.
 
20.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.
 
21.Alcohol shall not
be sold in an open container or be consumed in the licensed
premises.
 
22.Multipacks of
alcohol shall not be divided for sale of single cans or bottles, or
other single containers.
23.Signage shall be
prominently displayed stating, "Alcohol must be consumed off the
premises".
 
24.There shall be no
shared facilities or promotions between this premises and the
adjacent betting shop located at 31 Herbert Road.
 
25.The checkout
area/tills shall be located in view of
the exit/entrance door to the premises to allow clear visibility of
customers entering and exiting the premises.
 
26.There shall be no
licensable activities permitted at any time that there is a fault
with the CCTV system at the premises.
 
27.All deliveries
and waste collections to and from the premises, shall take place
between 08:00 hours and 23:00 hours, so as not to not cause a
disturbance to the nearby residents.
 
28.Waste shall be
kept securely in a designated area and the movement of bins and
rubbish shall be kept to a minimum at all
times to reduce the levels of noise produced by the
premises.
 
Basis
of Decision
 
In reaching its decision, the
LSC noted and gave due regard to the written representations from
Responsible Authorities, namely on behalf of the Commissioner of
Police of the Metropolis and the Public Health team of the Royal
Borough of Greenwich which were conciliated to the application upon
the Applicant agreeing to the conditions proposed on behalf of the
Commissioner of Police.
 
It also had regard to two
written representations from local
residents in opposition to the application. The LSC did not
consider a further objection which was withdrawn prior to the LSC
meeting on 11 June 2025.
 
The LSC noted that the premises
were within the Cumulative Impact Zone for Herbert Road (off
Plumstead Common Road) and it was
mindful of Paragraph 11 of Royal Borough of Greenwich’s
Statement of Licensing Policy and paragraph 11.7 in
particular:
 
‘11.7 The effect of
the cumulative impact policy is that the Royal Borough will refuse
applications for new premises licences or club premises
certificates, or material variation of an existing licence or
certificate, whenever it receives relevant representations, unless
an applicant can demonstrate why the grant or variation involved
will not add to the cumulative impact
experienced.’
 
The LSC heard evidence from
Jane Dale the Licensing Officer for the Licensing Authority and
noted that there were several businesses on Herbert Road currently
operating with a license to sell alcohol for consumption on and off
the premises. It therefore was mindful of paragraph 11.9 of the
Statement of Licensing Policy that states within the Cumulative
Impact Zones different types of licenced premises mutually benefit
from one another’s existence and may attract large groups of
people with a potential increase in the risk of crime and disorder
and public nuisance, thus impacting on the promotion of the
licensing objectives. The LSC therefore gave special consideration
to the application.
 
In reaching its decision the
LSC noted the use of Temporary Event Notices (“TENs”)
by the applicant for 21 days in this calendar year for the supply
of alcohol at the premises, and the submissions on behalf of the
applicant that no incidents were recorded during the sales. The LSC
inquired specifically to the applicant’s compliance removing
alcohol after the TENs applied and was informed that they had fully
complied with the licensing regime.
 
The LSC gave due regard to
concerns of crime and disorder in the area
of the Herbert Road Cumulative Impact Zone and was addressed
by the applicant to the effect that no incidents of disorder had
occurred during the business’ operation on Herbert Road thus
far. It also heard that the applicant operated the store as part of
a family business with several similar licensed premises within
London and had a positive track record of compliance with the
licensing objectives in all other businesses. The Applicant
undertook to thoroughly train all staff with compliance in the 2003
Act as part of its licensing conditions and had adopted the
conditions proposed by the relevant authority in its application in
addition to altering the timing for sale of alcohol until 09:00 to
account for the presence of children making their way to school.
The Applicant also noted it had agreed the conditions proposed by
the Commissioner of Police regarding the display and location of
alcohol within its premises and stated it would comply by placing
alcohol only at the designated locations within its
store.
 
The LSC also considered the
applicant’s offer through its legal representative to adopt a
written dispersals policy for inside and directly outside its
premises a condition for granting the licence in order to counteract the risk of individuals
gathering with the associated risks of crime and disorder and
public nuisance. The LSC determined that the adoption of such a
policy and its use by staff was a necessary and proportionate
condition to promote the prevention of crime and disorder and of
public nuisance at the premises within the Cumulative Impact Zone
and at a location on Herbert Road in close
proximity to other premises licensed for the sale of
alcohol.
 
In consequence of a raft of
conditions the LSC considered comprehensive and the amendment of
hours for undertaking licensable activities under the application,
the LSC determined that the grant of a new premises licence will
not add to the cumulative impact of the Herbert Road Cumulative
Impact Zone. 
 
Any party aggrieved by this
decision may appeal to the magistrates’ court within 21
days.