Decision

Licensing Act 2003

Notice of Decision

PREMISES

Roseland News

69 Farnham Road

Romford

RM3 8XA

APPLICANT

Mr Ronakbhai Ashokbhai Patel

Details of the application

This application seeks to permit the supply of alcohol for consumption off the premises during the following hours:

•           Monday to Friday – 06:00 to 21:00

•           Saturday – 07:00-21:00

•           Sunday – 07:00 to 17:00

Comments and observations on the application

This premises licence application has been submitted as the applicant is being relocated from their current premises due to the redevelopment plans for the area.

Summary

There was one representation against this application from an interested person.

There were two representations against this application from responsible authorities, namely Havering’s Licensing Authority and the Metropolitan Police. 

The Licensing Authority’s representation is based upon concerns further to the issues of street drinking within the area and a lack of proposed conditions which the applicant deems could address that issue. 

The Police representation is based upon concerns further to the absence of sufficient measures to mitigate the risks associated with street drinking, alcohol-related anti-social behaviour and cumulative impact.

1. The Licensing Sub-Committee considered an application for a new premises licence for Roseland News, 69 Farnham Road, Romford, RM3 8XA. The application was made by Ronakbhai Ashokbhai Patel and sought authorisation for the sale of alcohol for consumption off the premises. The premises is a convenience store located at 69 Farnham Road, Romford, RM3 8XA.
2. During the consultation period representations were received from the Metropolitan Police, the Licensing Authority and one local resident. However, prior to the hearing the applicant agreed additional conditions sought by the Police and Licensing Authority. As a result, both Responsible Authorities withdrew their representations, leaving only the representation from the interested party to be determined by the Sub-Committee.
3. The Sub-Committee reminded itself that it must determine the application having regard to the Licensing Act 2003 and the Secretary of State's Guidance issued under section 182 of the Licensing Act 2003.

Decision: Granted

1. Having carefully considered the application, the operating schedule, the written representation from the interested party and the oral submissions made by the applicant, the Sub-Committee resolved to grant the application subject to the conditions contained within the operating schedule together with the additional conditions agreed with the Metropolitan Police and Licensing Authority.

Applicant

1. The applicant explained that the application had arisen because he was being required to relocate from his existing premises due to redevelopment plans within the area. The applicant advised that he had operated his existing licensed premises for approximately 19 years without licensing issues or enforcement concerns.
2. The applicant informed the Sub-Committee that the customer base would primarily comprise local customers and submitted that relocating the business would not create any additional cumulative impact within the locality.
3. The applicant confirmed that the conditions agreed with the Police and Licensing Authority would address concerns relating to street drinking and anti-social behaviour. The applicant further explained that attempts had been made to engage with the resident who submitted the representation but no response had been received.

Interested Party

1. One representation was received from a local resident raising concerns in relation to crime and disorder, public nuisance, public safety and the protection of children from harm. The resident expressed concerns regarding existing street drinking, alcohol-related anti-social behaviour and the cumulative impact of an additional off-licence within the locality.
2. The resident did not attend the hearing. The Sub-Committee nevertheless carefully considered the written representation and afforded it appropriate weight.

Deliberations

1. The Sub-Committee attached significant weight to the fact that the Metropolitan Police and the Licensing Authority had withdrawn their representations after reaching agreement with the applicant regarding additional licence conditions. The Sub-Committee considered it particularly relevant that the Responsible Authorities charged with policing, licensing enforcement and public protection were satisfied that the agreed conditions adequately addressed their concerns.
2. Members carefully considered the resident's concerns regarding street drinking, anti-social behaviour, public nuisance and cumulative impact. Whilst those concerns were genuinely held, the Sub-Committee considered that the combination of the operating schedule and the additional agreed conditions provided a robust and proportionate package of measures specifically designed to address those issues.
3. The Sub-Committee found the applicant to be credible and knowledgeable. Members attached weight to the applicant's longstanding experience of operating licensed premises within the area and the absence of any evidence of licensing problems arising from the applicant's existing business.
4. Having considered all of the evidence before it, the Sub-Committee was satisfied that the conditions contained within the operating schedule, together with the additional conditions agreed with the Police and Licensing Authority, would promote all four licensing objectives. The Sub-Committee therefore concluded that the appropriate and proportionate step was to grant the application as applied for, subject to the conditions detailed below;

Opening Hours

-           Monday to Friday: 06:00 - 21:00

-           Saturday: 07:00 - 21:00

-           Sunday: 07:00 - 17:00

Supply of Alcohol (Off the Premises)

-           Monday to Friday: 06:00 - 21:00

-           Saturday: 07:00 - 21:00

-           Sunday: 07:00 - 17:00

Conditions

Staff Training

1. All staff involved in the sale of alcohol shall undertake staff training.
2. Staff training shall be recorded, updated every six months and made available for inspection by an authorised officer upon request.
3. Training shall cover age verification requirements and responsibilities under the Licensing Act 2003.
4. The licence holder shall maintain a written record of all staff authorised to sell alcohol, including their full name, home address, date of birth and National Insurance number.
5. Staff records shall be kept on the premises and made available for inspection by the Licensing Authority, Trading Standards or Police.
6. Each member of staff authorised to sell alcohol shall receive adequate documented training regarding age-restricted products and licensing law.
7. Staff shall be fully aware of their responsibilities when verifying age and checking proof of age.
8. Staff shall be capable and confident in challenging persons who appear to be under 25 years of age.

CCTV

1. The premises shall install and maintain a comprehensive digital colour CCTV system.
2. All public areas, including entrances, exits and the street environment immediately outside the premises, shall be covered.
3. CCTV shall record continuously whilst the premises are open to the public.
4. Recordings shall be retained for a minimum of 31 days with date and time stamping.
5. A staff member conversant with the operation of the CCTV system shall be present whenever the premises are open to the public.
6. That staff member shall be able to provide recordings from the previous two days immediately upon request by the Police or Licensing Authority.
7. Any CCTV system failure shall be reported to the Licensing Authority by email and repaired as soon as reasonably practicable.

Incident Recording

1. An incident log shall be maintained recording:

-           incidents of disorder;

-           seizures of drugs or offensive weapons; and

-           faults in the CCTV or associated equipment.

Prevention of Public Nuisance

1. Signage shall be displayed in a prominent position requesting customers to leave quietly.

Protection of Children from Harm

1. A Challenge 25 policy shall operate at all times.
2. Acceptable identification shall be:

-           Passport (UK or international);

-           Photocard driving licence (UK or European);

-           PASS accredited card;

-           Military identification card;

-           Biometric Home Office photographic identification; or

-           European National Identity Card.

1. Clear Challenge 25 signage shall be displayed.
2. A refusals register shall be maintained recording the date, time, staff member and reason for refusal.
3. The refusals register shall be made available upon request to the Police or authorised officers of the Licensing Authority.

Additional Conditions Agreed with the Metropolitan Police and Licensing Authority

1. All reasonable steps shall be taken to prevent customers congregating outside the premises.
2. Beers, lagers, stout and ciders sold at the premises shall not exceed 6% ABV.
3. Beers, lagers, stout, ciders and alcopops shall only be sold in packs of four or more.

Right of Appeal

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

On appeal, the Magistrates’ Court may:

1. Dismiss the appeal; or
2. Substitute the decision for another decision which could have been made by the Sub Committee; or
3. Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and
4. Make an order for costs as it sees fit.