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 to include the sale of alcohol for consumption off
the premises subject to conditions.
 
Permitted Licensable Activities to
include:
 

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. A suitable and sufficient CCTV system with
recording facilities shall be in place at the site and shall
operate at all times the premises are open for licensable
activities. Images shall be retained for a period of no less than
31 days. Copies of recordings shall be provided to the Police or
other relevant officers of a responsible authority within 24 hours
of the request being made and promptly without
delay to the police when required in an emergency
.

 
 
2.
All staff shall be trained with regard to their responsibilities in
the retail sale of alcohol and regular refresher training shall
also be undertaken minimum of every six (6) months. Written
training records shall be made available for inspection on request
to the Police or an authorised officer of the local
authority.
 
3. A
refusals log shall be operated and maintained at the premises and
shall be produced to a relevant officer of the Police or Authorised
Officer of the Licensing Authority upon request. The refusals log
is to be checked, signed and dated on a regular basis.
 
4.
An incident Log shall be operated and maintained at the premises
and shall be produced to a relevant officer of the Police or
Authorised Officer of the Licensing Authority upon request. The
Incient log is to be checked, signed and dated weekly by the
Designated Premises Supervisor.
 
5. A
“Challenge 25” policy will be operated at the premises.
Acceptable forms of ID are a photo driving licence, passport and
Proof of Age Standards Scheme (PASS) card
 
6.
Spirits, with the exception of spirit mixers and pre-mixed spirit
drinks, shall be located behind the counter.
 
7. The display of bulk stacks, wine towers
and chilled promotional offerings throughout the store shall be
contained within the red line licensable area shown on the plan
attached to the premises licence. The display of bulk stacks shall
not be located where they may obstruct or impact upon the ability
of customers to use exits or escape routes without
impediment.
 
8.
The Premises Licence Holder shall require any third-party delivery
partner(s) delivering on behalf of the premises licence holder to
comply with all legal requirements relating to the retail sale of
alcohol and to operate a “Challenge 25” or similar age
verification policy
 
9.
The Premises Licence Holder shall require all third-party delivery
partners not to deliver alcohol to schools, parks or playgrounds
and only deliver to residential or business premises
 
Basis of
Decision
         
In reaching
its decision the LSC gave due regard to there being no
representations from the Police and Environmental Health or any
other Responsible Authorities.
 
The LSC
noted the submissions on behalf of the Applicant who operates the
premises under franchise.
 
The LSC
gave due regard to the premises already operating 24 hours daily
and being licensed for the provision of Late Night Refreshment,
from 11pm to 5am daily, for a number of years.
 
The LSC
noted and gave due regard to the written representations relating
to public nuisance and crime and safety. The LSC noted the
residents’ concern regarding the potential for and risk of
public nuisance and crime that may occur if the sale of alcohol was
to be permitted. However, there was no evidence before the LSC of
any of any breaches of the current premises licence, other than
notices not being displayed, or of any inappropriate sales of age
restricted products from the premises. The LSC whilst noting the
existing ASB and alcohol consumption issues in the locality, there
is no evidence that they are associated with the premises or that
they would increase if the sale of alcohol was
permitted.    
 
The
variation is granted subject to additional conditions to promote
the licensing objectives including regulating alcohol deliveries by
third parties.
 
Any
party aggrieved by this decision may appeal to the
magistrates’ court within 21 days.