Content

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 the variation to the
Premises Licence subject to conditions.
 
 
Permitted Licensable Activities:
 

Sale and supply of alcohol for
consumption off the premises, 24 hours, Monday to
Sunday.
      
The Licence
shall be subject to the following
conditions:
 
1.
The Premises Licence Holder shall install and operate a CCTV system
at the premises, capable of providing coverage of all entry points
and areas to which customers have access in any lighting
conditions.
 
2.
The CCTV system shall continuously record whilst the premises are
open to members of the public, and shall be capable of providing
clear images and frontal identification of customers.
 
3.
All CCTV recordings shall be retained for a minimum of thirty-one
(31) days and shall be correctly date- & time-stamped;
sufficient data storage shall be available to facilitate
this.
 
4.
CCTV recordings shall be made available within forty-eight (48)
hours upon receipt of a request by the Police and / or an
Authorised Officer of the Licensing Authority (as defined by
Section 13 of the Licensing Act 2003), and recordings provided in
an easily downloadable format.
 
5. A
member of staff shall be present on the premises whilst they are
open who is capable of operating the CCTV system and able to
facilitate viewing of CCTV footage upon the demand by the Police
and / or an Authorised Officer of the Licensing Authority (as
defined by Section 13, Licensing Act 2003).
 
6.
The Premises Licence Holder shall perform regular maintenance in
accordance with the manufacturer’s guidelines and timeframe
as a minimum. All CCTV cameras shall be cleaned and clear of
obstructions and signage, including displays and promotional
materials.
 
7.
The premises shall perform a test of the CCTV every seven (7) days.
This shall include, but not be limited to, confirmation of playback
of 31- day old recordings. The testing of the system shall be
recorded in a log with the time and date of the test, and name of
the staff member completing it, and shall be made available to the
Police and / or an Authorised Officer of the Licensing Authority
(as defined by Section 13, Licensing Act 2003) upon request. The
log shall also include the details of the regular maintenance
requirement detailed in Condition 6.
 
8.
In the event of failure or faults with the CCTV which compromise
its ability to record clear usable images, real-time playback, or
provide recordings in an easily downloadable format, all licensable
activity shall cease forthwith. Details of the system fault shall
be recorded in writing and maintained for a minimum of twelve (12)
months at the premises.
 
9.
An Incident & Refusals Record, kept in written form, shall be
maintained at the premises and made available on request to the
Police or an Authorised Officer of the Licensing Authority (as
defined by Section 13, Licensing Act 2003). The Incident &
Refusals Record shall record:
a. Any
complaints received in connection with the licensable activity
permitted at the premises.
b. Any
refusal to sell alcohol at the premises, including the date &
time of the refusal, why the sale was refused, and the name of the
staff member refusing it.
c. Any
incidents of crime, disorder, or nuisance at the
premises.
d. Any
visit to the premises by a Responsible Authority in connection with
the licensable activity permitted at the premises.
e. Details
of the weekly CCTV test – refer Condition 7.
 
10.
No high-strength beers, lagers, ciders, 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 Royal Borough of Greenwich Licensing and
Greenwich Police Licensing.
 
11.
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.
 
12.
There shall be no self-service of spirits, save for spirit mixtures
of less than 6.5% ABV.
 
13.
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 shall be swept
and or washed, and litter and sweepings collected. Refer also
Condition 20.
 
14.
The premises shall be responsible for customers not gathering
outside the premises and environs, and shall actively discourage
such gatherings so as to reduce the potential for noise and
anti-social behaviour. Signage shall be prominently displayed in
the premises advising customers not to congregate
outside.
 
15.
All staff engaged in the sale of alcohol shall receive suitable
training, and thereafter refresher training every six (6) months,
in relation to the proof of age “Challenge 25” scheme.
The following forms of identification are acceptable: photo driving
licence; passport; Proof of Age Standards Scheme (PASS) card;
military ID; and any other locally or nationally approved form of
identification.
 
16.
Notices and posters shall be displayed inside the premises stating
that a “Challenge 25” policy is in force. The posters
shall include “It’s A Crime!”, to deter proxy
sales on behalf of those under-18.
 
17.
A Personal Licence Holder shall be present upon the premises at all
times during the hours permitting the sale of alcohol.
 
18.
There shall be a minimum of two (2) members of staff on duty at all
times during the hours permitted for the sale of
alcohol.
 
19.
All staff shall be provided with recognised customer welfare &
vulnerability training from an appropriately qualified trainer,
details of which must be documented (e.g. ‘WAVE’,
‘Ask Angela’, or similar). The Premises Licence Holder
and/or the Designated Premises Supervisor shall sign-up to the
Royal Borough of Greenwich Women’s Charter or its equivalent,
and display certification of this prominently at the premises. Such
display shall include ‘WAVE’ (etc)
certification.
 
20.
From the frontage of the premises to the kerbside (Malton Street
j/w Swingate Lane), the premises licence holder or the DPS shall
ensure by way of regular daily checks that the area is kept clear
of litter and similar detritus. Refer also Condition 13.
 
21.
There shall be no deliveries, or replenishment of stock, to the
premises between 19:00 hours and each following 07:00 on any day.
For the avoidance of uncertainty, this shall include movement of
stock between any external storage used by the business and the
premises.
 
 
 
Basis of
Decision
        
In reaching
its decision the LSC noted that there were no written
representations from Responsible Authorities including the police
and environmental health regarding concerns relating to crime and
disorder or the prevention of public nuisance.
 
The LSC
noted the submissions on behalf of the Applicant including that
there are to be no online sales which will involve 3rd
parties collecting and delivering alcohol.
 
The LSC
noted the use of Temporary Event Notices between 8th
December 2023 – 6th January 2024 for 24 hour sales
of alcohol which did not generate complaints of public nuisance or
crime and disorder.
 
The LSC
noted the complaints of loitering and consumption of alcohol inside
and outside the premises in 2023. The subsequent visits to the
premises by licensing officers and the police do not substantiate
the allegations.
 
The LSC
noted the representations regarding traffic and parking in the
locality. These are existing issues and not associated with the
premises. There is no evidence that the parking and traffic issues
will be exacerbated by the grant of the variation to the premises
licence. Moreover, the LSC is only permitted to consider matters
associated with the premises and which would, inter alia,
contribute or cause public nuisance. Traffic and parking on the
highway is not within the control of the applicant.
 
The LSC is
satisfied that the conditions subject to which the variation is
granted will uphold the licensing objectives.  
 
 
Any
party aggrieved by this decision may appeal to the
magistrates’ court within 21 days.