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 premises
licence.
 
 
 
Permitted
Licensable Activities:
 
Sale of
alcohol for consumption off the premises,
Monday to
Saturday from 10:00 hours to 22:00
hours
Sunday from
10:00 hours until 20:00 hours
 
 
The
Premises Licence shall be subject to the following
conditions:
 
1.
The premises licence holder shall install and operate a CCTV system
at the premises callable of providing coverage of all entry points
and areas to which customers have access in any lighting
condition.
 
2.
The CCTV system shall continuously record whilst the premises is
open to 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 31 days and
shall be correctly date and time stamped and adequate data storage
shall be available to facilitate this.
 
4.
CCTV recordings shall be made available within 48 hours upon
receipt of a request by the Police or Authorised Officer of the
Licensing Authority and footage shall be provided in an easily
downloadable format.
 
5. A
member of staff shall always be present on the premises whilst they
are open for trade who is able to facilitate viewing of CCTV
footage upon request of the Police or Authorised officer of the
Licensing Authority.
 
6.
The premises Licence holder shall ensure an appropriate CCTV
maintenance is in place in line with manufacturers guidelines
and also to ensure all alcohol displays
are free from obstruction thereby allowing the CCTV to record
without blind spots.
 
7.
The premises shall perform a test of the CCTV regularly (at least
once a month) to ensure all cameras are recording and that
recordings from the previous 31 days are kept. The checking
details, including name of the person checking, are to be recorded
in a log.
 
8.
In the event of failure or a fault with the CCTV which prevents its
ability to record clear images, real time playback or provide
footage in an easily downloadable format then licensing activity
shall cease immediately. The premises shall inform Greenwich Police
and/or Greenwich Licensing Authority promptly in writing and seek
guidance whether licensable activity may continue.
 
9.
An incident record, in written or electronic form, shall be
maintained at the premises and made available to the Police or an
authorised Officer of the Licensing Authority on reasonable
request. The incident record shall include:
a) Any
complaints received in connection with the licensable activity
permitted at the premises
b) Any
refusal to sell alcohol from the premises
c) Any
incidents of crime, disorder or nuisance at the premises relating
to licensing activities.
d) Any
visit to the premises by a Responsible Authority in connection with
the licensable activity permitted at the premises.
 
10.
No high strength beer, lager or cider
above 6.5%ABV shall be stocked or sold at the premises with the
exception of premium and craft beers which must first have the
written permission of the Licensing Authority
 
11.
All alcohol on display shall be in full view of
the cashier/staff on duty and a CCTV camera at all times and
shall not be obscured by displays or shelving or any other
obstruction.
 
12.There shall be no self-service of spirits save for spirit
mixtures of less than 6.5% ABV.
 
13.The area around the customer entrance shall be swept
regularly.
 
14.The premises shall ensure that there are no freestanding
advertising or fixtures associated with the premises located on the
pedestrian area outside and adjacent to the shop.
 
15.The area for the display of alcohol for sale shall be no more
than 20% of the trading area.
 
16.A
written log shall be kept of all refusals including refusals to
sell alcohol. The Premises Licence Holder shall ensure that the
refusals log is checked, signed and
dated on a weekly basis.
 
17.
There shall be a Challenge 25 policy operating at the premises.
Challenge 25 means that the holder of the premises licence shall
ensure that every individual, who visually appears to be under 25
years of age and is seeking to purchase or be supplied with alcohol
at the premises or from the premises and is unknown to the staff
member serving as a person over 18 years of age, shall produce
identification proving that individual to be 18 years of age or
older.
 
18.
Acceptable identification for the purposes of age verification
shall include a driving licence, passport or photographic
identification bearing the “PASS” logo and the persons
date of birth. If the person seeking alcohol is unable to produce
acceptable means of identification, no sale or supply of alcohol
shall be made to or for that person.
 
19.
‘Challenge 25’ posters shall be displayed in prominent
positions within the premises.
 
20.
All staff shall receive annual refresher training as a minimum and
records are to be kept of this refresher training which should be
signed and dated by the member of staff who received that training
and the Premises Licence holder.
 
21.
Easily visible notices shall be displayed prominently in the
premises requesting customers to leave the premises quietly at
night.
 
22.
Alcohol shall not be sold in open containers.
 
23.
All alcohol displays at the premises shall be covered outside of
the hours permitted for the sale of alcohol.
 
24.
There shall be no sale or supply of alcohol on match days at
Charlton Athletic FC.
 
25
There shall be no sale or supply of alcohol by Akmal Hussain when
the post office is within the premises is closed to members of the
public.
 
26.
The licence holder shall have in place procedures for preventing
and discouraging loitering, including preventing consumption of
alcohol, immediately outside the premises and to call the police as
appropriate.  
 
 
 
Basis of
Decision
 
The
LSC gave due weight to there being no representations from the
police or environmental health or any other Responsible Authority
and submissions for the applicant  regarding why there were no representations
from the police or trading standards.
 
The
LSC disregarded representations regarding the number of licensed
premises already in the locality, the premises are not within a
cumulative impact zone.
 
The
LSC noted the submissions for the applicant and what was stated to
be new information regarding Akmal Hussain whilst previously
working at another business at 22 Charlton Church Lane. The new
information submitted being that Akmal Hussain had not made an
underage sale of a vape, he was at that moment with his solicitor
together with the premises licence holder for 22 Charlton Church
Lane; and had passed an underage test purchase on 5th
August 2024 conducted by Camelot. It was submitted to the LSC that
this was a completely different application unrelated to the
premises licence previously sought by Akmal Hussain, for the same
premises.
 
The
LSC noted and gave due regard and weight to evidence, submissions and representations that the Applicant,
Mr Arif, is of good character and is respected in the local
community. The LSC noted and gave due regard to submissions for the
Applicant that the only reason for objections to the application
for the premises licence was the involvement of Akmal Hussain and
that the Applicant was seeking a premises license on Akmal
Hussain’s behalf. The LSC noted that representations against
the application included representations from other business
operators in the immediate locality who may be perceived to be
objecting to eliminate commercial competition. The LSC were
satisfied that the representations against the application were
genuine and bona fides, for the protection of children from harm,
prevention of crime and related public nuisance.   
 
The
LSC noted the Decision Notice dated 17th April 2024, and
reasons for the refusal to grant a premises licence to Shaani’s Traders, of which Akmal Hussain was
the sole director. The new application before the LSC is in similar
terms for the same premises and Mr Akmal is an employee of the
business.
 
The
LSC is clear that the differently constituted Licensing
Sub-Committee, in April 2024, did not make any finding that Akmal
Hussain sold a vape to a minor. It was also clear that Akmal
Hussain was not the licence holder or the Designated Premises
Supervisor, nor held a formal managerial role when previously
employed at 22 Charlton Church Lane. The underage sales test
purchases conducted by Trading standards were as a result of complaints received of underage sales
in the vicinity. The only failed test purchase was at 22 Charlton
Church Lane. This was not new information for this application
regarding Akmal Hussain.
 
The
LSC received compelling submissions regarding underage sales
associated with premises where Akmal Hussain has worked, or has
been involved in, and those premises being known for underage sales
and Akmal Hussain being party to or being complicit in that
activity, including that 22 Charlton Church Lane had a reputation
for underage sales of goods. The evidence received being from
longstanding business owners and members of the community with
personal knowledge of the businesses in the location. The evidence
included complaints to the current licence holder at 22 Charlton
Church Lane that there was no problem in buying underage items when
Akmal Hussain worked there and why was he now refusing to sell
them. There was evidence from another business operator  of children in
school uniform being sold vapes from premises associated with Akmal
Hussain, and the increase of underage refusals being recorded by
his own business relating to children. The LSC is not able to
ignore or give low weight to the oral submissions and written
representations it received regarding underage sales being
associated to premises and their connection to Mr
Hussain.
 
The
LSC heard evidence of alcohol related crime, anti-social behaviour,
and concerns for safety at night of those using the nearby train
station and also on match days at
Charlton Athletic FC. The submissions related to the very close
proximity of the premises to the football ground and the nature of
the environment on match days being precarious and unsafe with
supporters being under the influence of alcohol before and after
football matches. A voluntary condition was offered by the
representative for the applicant to stop alcohol sales on match
days.          
 
The
LSC resolved to grant the Premises Licence subject to additional
conditions regarding no alcohol sales on football match days, no
sales of alcohol by Akmal Hussain when the post office in the
premises is closed to members of the public, and a condition to
prevent loitering outside the premises. 
 
 
Any
party aggrieved by this decision may appeal to the
magistrates’ court within 21 days.