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The Sub-Committee has determined an
application for a New Premises Licence under the Licensing Act 2003
(“The Act”) in respect of Asda Express, 15-17
Blackheath village, London, SE3 9LH (“The
Premises”).
 
The Premises intends to operate as a small
convenience store including the sale of groceries, household items,
and alcohol. The application attracted a number of representations
against it. These were from individual residents and the Blackheath
Society Residents’ Association which informed the
Sub-Committee that it represents over 1000 local residents. These
were broadly concerned with the licensing objectives of the
prevention of public nuisance and the prevention of crime and
disorder, although concerns were also raised in terms of public
safety and the protection of children from harm.
 
In addition, there were a small number of
representations in support of the application. These were also from
local residents and addressed the licensing objectives.
 
The Sub-Committee heard from the
applicant’s representative, Mr Richard Taylor, who set out
his points in three parts.
 
Firstly, he addressed the Applicant itself,
Asda, which he said was a well-known company operating over 1000
stores with licences, serving millions of customers each week. He
told the committee that since the introduction of the Licensing Act
2003 Asda had never been subject to a licensing review, which he
said was a testament to its policies and procedures.
 
Secondly, he said that this application was to
breathe life into the former Lloyds bank by providing a small
supermarket to serve the residents of Blackheath village. He said
that the permissions were already in place to allow Asda to open
this unit and sell groceries and household goods, and did not need
further permission to do so. This application relates to around 15%
of the store which would sell a limited range of alcohol so that
customers who want to purchase wine or beer with their other items
could do so. He highlighted that this was not an entertainment
venue or a pub, or an off licence, but a convenience store with all
the steps in place that one would expect from a responsible
operator. Mitigations include two personal licence holders on the
premises, lots of staff training, incident logs, CCTV outside the
store, that no miniature bottles of alcohol will be sold, spirits
will be behind the counter and the available range is specifically
designed not to encourage street drinking or provide for that
activity.
 
Finally, he addressed the Sub-Committee on the
representations from residents. He said that it was notable context
that there were no representations from any responsible
authorities, who are the experts in the matters relating to the
licensing objectives. He reminded the committee that the licence
application had nothing to do with whether or not Asda could open a
convenience store on the Premise. He pressed that parking issues
are not to do with licensing, but that Asda did not seek to provide
a ‘drive-to’ venue, and that regarding litter they were
not offering takeaway food so it was difficult to see litter
issues, but they offered to provide additional bins and their staff
would have duties to sweep outside. He reiterated that Asda wanted
to be “a benefit not a burden” to the local
community.
 
In response to questions from Councillor
Dominic Mbang, Mr Taylor submitted that matters relating to the
parking and traffic were not a licensing issue where they related
to the operation of a shop, and would be the case whichever
retailer used that space, but that Asda was looking to cater to
people arriving on foot.
 
Councillor Joshua Ayodele asked about
mitigations appropriate regarding the objective relating to public
nuisance and anti-social behaviour. Mr Taylor said on behalf of
Asda that they would work with authorities if issues crop up, and
this is not going to be a venue which plays music or has excessive
noise. The security team would be subject to a regular risk
assessment involving discussions with various stakeholders, and
that the police were not concerned that this was an area with a
particular issue.
 
The Sub-Committee heard from some of those
making representations. Mr Richard Kiveal spoke on behalf of many residents who
objected to the application. He said that there were many residents
and young families in the immediate area on the intersection of two
residential streets, which already had significant antisocial
behaviour including altercations, vandalism, disruption, and
urination. He said this was primarily caused by Shepherds and the
Railway Pub but would be made worse by Asda being granted this
application. He also cited issues with illegal parking and
unloading by other businesses, exacerbated by the lack of available
loading bays and double yellow lines. He said that loading trucks
were left running and blocking the street for long periods and this
led to access problems for those with pushchairs and wheelchairs.
Finaly, issues with rubbish including littering in particular and
smashed glass bottles were of great concern especially for those
with young children.
 
Mr John Barron spoke on behalf of the
Blackheath Society, which has over 1000 members. He said he had
never received so many concerns about a particular issue like this.
He raised a concern that there was not already appropriate planning
permission in place. He cited the large number of licences in
Blackheath village, and while many of them were in neighbouring
Lewisham, they formed part of the same village location. He said on
behalf of his members that this locality was overrepresented in
terms of licenses given the many residential units above the
licensed premises. He explained that deliveries outside of
operating hours were a disturbance to people living nearby
especially early in the morning when people are asleep, and at
around 7am when they caused traffic blockages.
 
Alexandra told the Sub-Committee that another
licence would logically lead to more debris from bottles especially
on the heath where dogwalkers and children spend a lot of time, and
that congestion would increase as a result of Asda and the
narrowness of the streets.
 
Will Downey questioned why police were
involved in this matter in the first place, and expressed a concern
that more availability of alcohol would increase consumption and
lead to disturbances.
 
During questions from Members, Richard
Kiveal explained that there was lots of
antisocial behaviour from people who leave the pub to buy
cigarettes and alcohol, there are lots of fights relating to this
including at the bus stop opposite, and urination and occasionally
defecation which is very upsetting for local residents.
 
Mr Taylor added, responding to questions about
loading and littering, that Asda are in touch with the Council
about restoring the signage for a loading bay just outside
Shepherds, and that Asda would use that location for deliveries. He
reiterated that this was a planning consideration, not a licensing
one, but there were no concerns raised by the planning authority,
and indeed Asda have a wealth of experience in this area and a good
track record.
 
In reaching this decision, the Sub-Committee
has had regard to the s.182 Guidance, particularly paragraphs 9.42
to 9.44 and 10.8 to 10.10, and to the Royal Borough of Greenwich
Licensing Policy paragraph 4.1-4.37. The Sub-Committee realises
that it has a duty to consider each application on its individual
merits as set out under paragraph 12.3 of the Royal Borough of
Greenwich Licensing Policy, and did so for the purposes of this
application.
 
The Sub-Committee were mindful that the only
representations they can consider under the Licensing Act 2003 are
those which are relevant to the licensing objectives in relation to
the sale of alcohol, namely:
i.              
Prevention of Crime & Disorder
ii.             
Prevention of Public Nuisance
iii.           
Public Safety
iv.           
Protection of Children from Harm.
 
Further, the
sub-Committee may only impose conditions on a licence which promote
the licensing objectives. Although representations are made on all
four licensing objectives, this application and the responses to it
engage primarily the licensing objectives of the prevention of
public nuisance and, to a lesser extent, the prevention of crime
and disorder. The Sub-Committee had read the papers and noted the
various representations made for and against, as well as the
written and oral submissions of those attending.
 
It is important
that the Premises are not located in a cumulative impact zone.
Therefore, it is only if the Sub-Committee is satisfied that the
licensing objectives will be undermined such that the impact cannot
be mitigated, even with amendments and conditions, that the
application should be refused. In considering this aspect of the
decision, the Sub-Committee noted the proximity of neighbouring
borough of Lewisham and the number of licensed premises which are
nearby, albeit within a neighbouring authority. However, not being
in a cumulative impact zone, the policies and Guidance which apply
are the licensing policy and the Government Guidance, and the
application must be considered on its individual merits.
 
The Sub-Committee
were reminded that as stated in the Government Guidance under
section 182 of the Act, the police should be the licensing
authority’s main source of advice on crime and disorder. It
is therefore notable that in this case, the police withdrew their
representations about the license upon revision of the application
to reduce the opening hours and supply of alcohol, such that the
new hours are 07:00 to 23:00 Monday to Sunday, and no application
is now made for Late Night Refreshment. The Sub-Committee also
noted that Conditions had been agreed with police to ensure
mitigations were in place which would support the objective of
preventing crime and disorder.
 
The Sub-Committee
felt that presence of security staff on a risk-assessed basis, in
partnership with the police, as well as installed CCTV outside the
Asda and other conditions, would promote rather than undermine the
objective of preventing crime and disorder.
 
Many of the issues
raised surrounding traffic, loading, littering, noise, and street
drinking appeared to largely relate to problems arising from the
operation of other licensed (and non-licenced) premises, in
particular the Railway pub and Shepherds. Some representations
referenced concerns that Asda would exacerbate issues relating to
other venues. The Sub-Committee were not satisfied that this would
be a likely outcome of granting this licence, because Asda intends
to provide a different service for local residents and is a
responsible and reputable operator which has never been the subject
of a licence review in respect of any of its existing licences.
 
The Sub-Committee
noted that the Applicant had multiple established practices and
procedures in place which included extensive and regular staff
training, security, and Challenge 25, and were a professional and
competent licence holder. The Sub-Committee further noted the
Applicant’s assurances and various undertakings that the
Premises would be well run-in accordance with those established
practices and procedures which were already in place at other
licensed premises that are to be applied and adopted for these
Premises.
 
The Sub-Committee
concluded that these measures would help mitigate the concerns
raised by those who had objected and ultimately have the effect of
promoting the licensing objectives.
 
The Sub-Committee
decided that the Applicant had provided valid reasons as to why the
granting of the application would promote the licensing
objectives.
 
The Sub-Committee
took the view that the right balance has now been struck when
considering the needs of those who had objected to the application,
in particular by reducing the operating hours such that the licence
would run parallel to other licensed premises in the area, as well
as undertakings which were given by Asda as regards litter and
security, and the fact that Asda intends to provide a convenience
store to local residents and provides a range and mitigations which
are designed not to attract street drinkers.
 
The Sub-Committee
concluded the measures contained within the conditions would
effectively mitigate the concerns raised by residents.
 
 
The Sub-Committee
having carefully considered the matter and the evidence before it
decided to Grant the application with the hours and licensable
activities as applied for, noting that the opening hours had been
amended following discussions with police, which was welcomed. The
Sub-Committee considered that this was the right balance when
considering the objections.
 
In reaching its
decision, the Sub-Committee concluded that the conditions attached
to the licence would mitigate and alleviate the residents’
concerns of the parties who had objected and were appropriate,
proportionate, enforceable and would have the desired effect of
promoting the licensing objectives.
 
Accordingly, the
Sub Committee unanimously;
 
RESOLVED
 
That the
application for a new premises licence for Asda Express, 15-17
Blackheath village, London, SE3 9LH, is GRANTED for the Supply of
Alcohol (for consumption off the premises) and Opening Hours,
Monday to Sunday from 07:00 hours until 23:00 hours.
 
The licence is
subject to the following conditions:
 

1.   
A CCTV system shall be installed and maintained on the premises.
Cameras shall cover the full internal areas accessible to the
public and the external areas immediately in front of the store.
The system shall be capable of continuously recording and copies of
such recordings shall be kept for a period of no less than 31 days
and handed to Police or authorised persons upon request. At least
one camera shall show a close-up view of the entrance to the
premises and capture a clear, full-length view of any person
entering the premises. The system shall record in real time, and
recording shall contain an accurate date and time stamp.
 

2.   
An incident log shall be kept at the premises, and made available
on request to the police or an authorised officer. The log shall
record the following:
 
(a) All crimes occurring /
reported at the venue;
(b) Any complaints
received;
(c) Any incidents of
disorder;
(d) Any faults with the CCTV
system;
(e) Any visit by a relevant
authority or emergency service;
(f) Any refusal for the sale
of alcohol;
 

3.   
All spirits shall be displayed behind the counter.
 

4.   
No miniature bottles of spirits of 20cl or below shall be sold from
the premises; with the exception of any pre-packaged gift packs
that may contain a spirit miniature.
 

5.   
There shall be no sale of beer, lager, or cider with an ABV above
6.5% sold at the premises; with the exception of artisan or craft
beers, lagers, and ciders.
 

6.   
The premises shall have a till prompt system for alcoholic
products.
 

7.   
The Challenge 25/Think 25 or contemporary equivalent proof of age
scheme shall be operated at the premises. All customers who appear
under the age of 25 will be challenged to prove that they are over
18 when attempting to purchase alcohol. Acceptable forms of ID
include a photo driving licence, passport, home office approved
identity card or other forms of “proof of age” cards
bearing the holographic ‘PASS’ mark, military ID or any
other form of ID agreed with the Police. If the person seeking
alcohol is unable to produce an acceptable form of identification,
no sale or supply of alcohol shall be made to or for that person.
Notices shall be prominently displayed advising customers that this
policy is in force.
 

8.   
All staff shall be trained in the law about the sale of alcohol.
Such training will include in particular, refusing the sale of
alcohol to persons who are already intoxicated, to those that are
underage, and proxy sales. Training shall also include the
requirement to challenge every individual who appears to be under
25 years of age and to refuse service where individuals cannot
produce acceptable means of identification, acceptable forms of ID
and using the refusal register. Such training (including any
refresher training) will be logged and provided not less than every
twelve months. The training log shall be made available for
inspection by Police and “authorised persons” (within
the meaning of the Licensing Act 2003) upon request.
 

9.   
The licence holder shall at all times maintain adequate levels of
staff and security. Such staff and security levels will be
disclosed, on request, to the Licensing Authority and the Police.
The need for door supervisors / security staff will be assessed by
way of internal risk assessments and cognisance will be taken of
any police advice.
 
This is the Full Decision of
the Licensing Sub-Committee