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 and the
protection of children from harm.
 
Having considered all written representations,
evidence, and oral submissions, the LSC resolved to modify the
current premises licence with the addition of seven conditions.
 
Permitted Licensable Activities:
Supply of alcohol for consumption off the
premises only, Monday to Sunday.
 
Permitted Hours for
Licensable Activities:
Monday to Saturday from 08:00 until 23:00,
Sunday from 10:00 until 22:30, Christmas Day from 12:00 until 15:00
and from 19:00 until 22:30, and Good Friday from 08:00 until
22:30.
 
The Premises Licence
shall be amended to add the following conditions:
 

1.   
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 or other age-restricted
products. Acceptable forms of ID include a photo driving license,
passport, or home office approved identity card bearing the
holographic ‘PASS’ mark. If the person seeking alcohol
or other age-restricted products is unable to produce an acceptable
form of identification, no sale or supply of alcohol or other
age-restricted products shall be made to or for that person.
 

2.   
All staff shall be trained in the law about the sale of alcohol and
other age-restricted products. Such training will include
challenging 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 six
months. The training log shall be made available for inspection by
police and “authorised persons” immediately upon
request.
 

3.   
A refusals log (or equivalent) shall be kept at the premises and
made immediately available on request to the police or an
“authorised person”. The refusals log is to be
inspected on a monthly basis by the DPS
and noted in the log; and a record made in the log of any actions
that appear to be needed to protect young people from harm. The log
must record all refused sales of alcohol or other age-restricted
products and include the following: a. the identity of the member
of staff who refused to sale; b. the date and time of the refusal;
c. the alcohol or other age restricted products requested and the
reason for refusal; and d. the description of the person refused
alcohol or other age-restricted product.
 

4.   
The following posters, or contemporary equivalent shall be
displayed conspicuously on the premises in customer facing areas:
a. ‘Think 25’ to advise potential purchases that
suitable proof of age will be required for all purchases who appear
to be under 25. b. ‘It's A Crime’ intended to warn
adults not to buy alcohol or other age-restricted products for
those under 18 years-of-age. c. any updated and relevant posters
which highlight child protection and safeguarding measures as given
by Police and “authorised persons”.
 

5.   
All alcoholic drinks sold for consumption off the premises shall be
clearly labelled or marked with the name of the premises or the
last four digits of the Premises Licence.
 

6.   
The Licence Holder shall install and maintain a comprehensive CCTV
system as approved by the Metropolitan Police. All public areas of
the licenced premises, including all public entry and exit points
and the street environment shall be covered enabling facial
identification of every person entering in any light condition. The
CCTV system shall continuously record whilst the premises is opened
for licensable activities and during all times when a member of the
public is on the premises. All recordings shall be stored for a
minimum period of 31 days with date and time stamping. Recording
shall be made available immediately upon the request of a Police
Officer, Police Community Safety Officer, or authorised Local
Authority Officer.
 

7.   
A staff member from the premises who is conversant with the
operation of the CCTV system shall be on the
premises at all times when the premises are open to the
public and must be able to retrieve recorded footage and show it to
a police officer, Police Community Safety Officer or authorised
Local Authority Officer upon request.
 
Basis of
Decision
 
The Applicant was in attendance with his
Son, who spoke on his behalf due to the
language barrier. The Applicant presented remorse for the sale of a
nicotine-based age-restricted Vape product (“a vape”)
to a minor following a test purchase. He understood that this
highlighted the need for stricter licensing conditions regarding
sales of alcohol and age-restricted products to avoid sales to
minors. The Applicant explained that all
of the obligations under the proposed additional license
conditions had already been implemented 3 at the premises,
including CCTV and an ID prompt on the till for alcohol and tobacco
products.
 
The Applicant requested that proposed
licensing condition 5 be removed. The Applicant explained that
alcoholic drinks for consumption are already marked and expressed
that the additional requirement under the proposed condition was
tedious and would place substantial onus on the staff to implement.
The LSC questioned how many minors’ shop at the premises. The Applicant stated that most
customers were adults and therefore most items at the premises were
marketed towards adults, with few products being marketed towards
minors. The LSC explained that proposed licensing condition 5 was
included as The Royal Borough of Greenwich wants to ensure all
shops in the borough are as responsible as possible with the sale
of alcohol and age-restricted goods. The Applicant accepted the
LSC’s submissions and accepted all seven additional licence
conditions.
 
In their decision the LSC expressed concern
regarding the sale of a vape to a minor during a test purchase, as
well as concern for the growing cases of minors using and obtaining
vapes. The LSC were satisfied that the proposed additional license
conditions would help to prevent sales of alcohol to minors but
noted the proposed license conditions would not help prevent sales
of vapes to minors. The LSC requested that the wording of the
proposed additional license conditions be amended to include
age-restricted products, such as nicotine-based vapes.
The LSC also placed emphasis on the need for
proposed licencing condition 2 to ensure adequate and regular
training for all staff regarding sales of alcohol and other
age-restricted products such as nicotine-based vapes. The LSC
expressed the importance of correct training to avoid further sales
of age-restricted products to minors. The LSC requested proposed
condition 2 be amended to require the license holder to provide
evidence of staff training on the sales alcohol and other
age-restricted products every six-months.
 
The revised licence subject to the
proportionate conditions attached to the license will promote the
licensing objectives.
 
Any party aggrieved by this decision may
appeal to the magistrates’ court within 21 days.