Content

Notification of
decision following a Licensing Panel hearing to determine an
application for a premises licence under section 17 of the
Licensing Act 2003
 
PREMISES: Sarin
Superstore, 760-762 Bath Road, Hounslow TW5 9TY
 
APPLICANT: Mr
Jagmohan Singh Sarin
 
TAKE NOTICE THAT ON 15 May 2024
following a hearing before the Licensing and General Purposes Sub
Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL, as the Licensing
Authority for the Premises RESOLVED that:
 
the application for the grant of the premises
licence for Sarin Superstore, 760-762 Bath Road, Hounslow TW5 9TY
is GRANTED, subject to the conditions and modifications
stated below.
 
REASONS:
 
1.            
The Panel convened to determine an application for a premises
licence for Sarin Superstore, 760-762 Bath Road, Hounslow TW5 9TY
(“the Premises”) under the Licensing Act
2003.
 
2.            
The application seeks the following hours for licensable
activities:
 

Supply of alcohol on the premises:
Sunday to Thursday
    09:00 to 23:00
Friday to Saturday
       09:00 to
00:00
 
Hours
premises are open to the public:
Sunday to Thursday
    07:00 to 23:00
Friday to Saturday
       07:00 to
00:00
 
The application
included proposed conditions on the licence, which are set out in
Section M of the application shown at Appendix A.
 
3.            
The Premises are not currently licensed, and it is situated in an
area of mixed commercial and residential properties. The premises is in Cumulative Impact Area
(“CIA”).
 
4.            
The Licensing Panel carefully considered all the relevant
information including:
 
Written representations
made by all the parties
 
o  
The Licensing Act 2003 and the steps appropriate to promote the
Licensing Objectives
o  
The guidance issued under section 182 of the Licensing Act 2003
o  
Hounslow Council’s licensing policy
o  
The Human Rights Act 1998
 
5.            
As part of the consultation process the authority received 14
objections from  local
residents.  The representation raised
questions about issues concerning a possible increase in crime and
disorder and public nuisance in an area where there are already
various issues around ASB and street drinking.  Copies of the representations are attached as
Appendix B. 
 
6.            
There was no representation from the Licensing Enforcement Team.
The Police has been in contact with the Applicant and agreed
conditions with the Applicant prior to the Panel
hearing.  A copy of the agreed
conditions and correspondence with the Police are attached as
Appendix C. 
 
7.            
During the licensing panel hearing the facts giving rise to the
application for the grant of a premises licence were set out by the
licensing officer and were agreed by the Applicant.
 
8.            
The Applicant attended with his representative, Mr Panchal and the
Chair allowed a total of 5 minutes speaking time to the
Applicant.  There were 2 objectors in
attendance who were also given 5 minutes each of speaking time.
 
Submissions by the Applicant
 
9.            
The Applicant’s agent, Mr Panchal, explained the background
to the application and that the Premises would be an
off-licence/convenience store selling alcohol during the hours
applied for.  Mr Panchal explained that
the premises has not yet opened and is not a running as a business
at present because the Applicant wants to know the outcome of his
premises licence application before incurring costs of setting up
the store to open for business to the public.   The Applicant indicated that he has not
thought about using Uber or Deliveroo to deliver and as such, it is
only supply/sale of alcohol for consumption off the
premises.  Mr Panchal
explained that the shop will not just be selling alcohol, the
Applicant will be bringing in Indian products ie Indian alcohol and
food as there is a demand for it in the area. 
 
10.         
Mr Panchal drew the Panel’s attention to the
fact that there have been no objections from
any responsible authorities and that the Police have agreed
conditions with the Applicant.
 
11.         
In terms of sale of alcohol, Mr Panchal stated that
the Applicant will keep a refusal book and an incident book at the
premises.  There will be contract with
the local body for waste collection. 
The Premises will also put-up notices for customers to leave the
premises quietly and that they will also have challenge 25
notice.   Mr Panchal went on to
explain that training records will be kept for staff including
right to work in the UK and that these will be logged in a record
book.  Staff will be trained every 3
months and the licensing objectives will be promoted.
 
12.         
In response to questions from the Panel about the objections the
Applicant said that he has been working at a shop on Cranford Road
in Hounslow for over 11 years.  As such,
the Applicant said he knows the area well and is aware of the
current problems and understood the concerns raised by the
objectors.  However, the Applicant
stated that ASB and/or street drinking is already an existing issue
and not caused by or connected to his premises. The Applicant said
he was aware of issues with people street drinking in the area and
he did not think if his shop was to open it will make these any
worse or add to the existing problem in the area.  The Applicant was happy to meet with objectors and
to ensure that there were no problems with his shop.
 
13.         
In relation to questions relating pavement drinking
by the Panel, Mr Panchal explained that they will remind customers
that they must not drink outside the shop.  The Applicant assured the Panel that his shop will
not sell alcohol to the customers who appear to be drunk and if
alcohol already sold them, the Applicant would tell the customer to
move from the area to prevent congregating outside of the
premises.  The Applicant explained he is
aware that there is an existing problem in the area, but he will
train staff and will personally tell customers not to drink
outside.  The staff at the premises will
assess customers on an individual basis when selling
alcohol.  The shop will put a notice
that says alcohol consumption inside or outside the premises is not
allowed.
 
14.         
In response to questions by the objectors how well
he knows the area, the Applicant said he has been working in this
area for 11 years and is prepared work with the residents and if
they have any issues, he will try to resolve it.  He believes the business must work with the local
residents in the area and that as he knows the area well, he does
not think his shop will impact the area and/or it will add more to
the existing problems of ASB and/or street drinking.  
 
15.         
The Applicant assured the Panel that he will try and
make the community safer and keep it clean. He will work with the
community to make sure shop keepers are responsible in terms of
doing their part to clean and to not encourage street drinking. For
example, Tesco is there too and so customers will have other
choice, but he will ensure that customers are not encouraged to
street drink or litter.  The Applicant
will ensure the area in front of the premises are cleaned twice a
day and arrange for appropriate waste collection.
 
16.         
In relation to the core hours, the Applicant
confirmed during the panel hearing that he is agreeable to amend
his application to bring in line with the core hours.
 
17.         
In summing up, Mr Panchal once again emphasized that
apart from representations there are no other objections from the
police or other responsible authorities.  Furthermore, he drew the Panel’s attention
to the fact that there is no evidence against the
premises. 
 
Objectors’ submission
 
18.         
The objectors highlighted to the Panel that there is
huge ongoing issue surrounding, ASB, littering and street drinking
and if the licence for the premises in question is granted this
will worsen the existing problems which the residents face
daily.  There has been a significant
rise of ASB/crime in the Cranford area. 
Existing businesses need to work with the residents. The applicant
may have experiences in working in other areas such as Camden,
Hillingdon, but those areas might not have same problems as
Cranford area. Because there is an existing problem in the area,
the Panel needs to consider the need to make the area
safer.  As there are 7 existing
businesses offering sale of alcohol, the objectors cannot see the
benefit of another premises selling alcohol and is concerned it
will make the situation worse.
 
Statutory Guidance
 
19.         
The Panel considered the Statutory Guidance which
states:
 
“2.1         
Licensing authorities should look to the police as the main source
of advice on crime and disorder. They should also seek to involve
the local Community Safety Partnership (CSP).”
 
20.         
Furthermore, the Statutory Guidance states the
following:
 
“Public Nuisance

2.15      The 2003 Act enables licensing
authorities and responsible authorities, through representations,
to consider what constitutes public nuisance and what is
appropriate to prevent it in terms of conditions attached to
specific premises licences and club premises certificates. It is
therefore important that in considering the promotion of this
licensing objective, licensing authorities and responsible
authorities focus on the effect of the licensable activities at the
specific premises on persons living and working (including those
carrying on business) in the area around the premises which may be
disproportionate and unreasonable. The issues will mainly concern
noise nuisance, light pollution, noxious smells and
litter.

……..

2.16      Public nuisance
is given a statutory meaning in many pieces of legislation. It is
however not narrowly defined in the 2003 Act and retains its broad
common law meaning. It may include in appropriate circumstances the
reduction of the living and working amenity and environment of
other persons living and working in the area of the licensed
premises. Public nuisance may also arise as a result of the adverse
effects of artificial light, dust, odour and insects or where its
effect is prejudicial to health.

…….
 

2.19      Where applications have given
rise to representations, any appropriate conditions should normally
focus on the most sensitive periods. For example, the most
sensitive period for people being disturbed by unreasonably loud
music is at night and into the early morning when residents in
adjacent properties may be attempting to go to sleep or are
sleeping. This is why there is still a need for a licence for
performances of live music between 11 pm and 8 am. In certain
circumstances, conditions relating to noise emanating from the
premises may also be appropriate to address any disturbance
anticipated as customers enter and leave.”

……

2.21      Beyond the
immediate area surrounding the premises, these are matters for the
personal responsibility of individuals under the law. An individual
who engages in anti-social behaviour is accountable in their own
right. However, it would be perfectly reasonable for a licensing
authority to impose a condition, following relevant
representations, that requires the licence holder or club to place
signs at the exits from the building encouraging patrons to be
quiet until they leave the area, or that, if they wish to smoke, to
do so at designated places on the premises instead of outside, and
to respect the rights of people living nearby to a peaceful
night.
 

The Council’s Licensing Policy 2020-2025
 
21.         
The Council’s Statement Licensing Policy
2020-2025 (“the Policy”) states the
following:
 
“54. Each of the
four licensing objectives are of equal importance and therefore
each needs to be considered with equal weight.
 
55. The Council expects
applicants to risk assess their proposals and put forward measures
aimed at promoting the licensing objectives.
 
LP2 The
Four Licensing Objectives
 
1.   
Prevention of Crime and Disorder
Whether
the proposal includes satisfactory measures to mitigate any risk of
the proposed operation making an unacceptable contribution to
levels of crime and disorder in the locality.
2.   
Public Safety
Whether
the necessary and satisfactory risk assessments have been
undertaken, the management procedures put in place and the relevant
certification produced to demonstrate that the public will be kept
safe both within and in close proximity to the premises.
 
3.   
Prevention of Public Nuisance
Whether
the applicant has addressed the potential for nuisance arising from
the characteristics and style of the proposed activity and
identified the appropriate steps to reduce the risk of public
nuisance occurring.
 
4.   
Protection of Children form Harm
Whether
the applicant has identified and addressed any risks with the aim
of protecting children from harm when on the premises or in close
proximity to the premises.”
 
Cumulative Impact Policy (CIP)
 
22.         
In relation to the core hours, the current licensing
policy 2020 – 2025 states that the hours for
licensable activity will generally be authorised subject to the
Applicant demonstrating that they understand the area where the
premises are located and that they will promote the four licensing
objectives.  The core hours are:
 
·      
Monday to Thursday 09:00 to 23:00
·      
Friday and Saturday 09:00 to 00:00
·      
Sunday 10:00 to 22:30
 
23.         
Furthermore, the current policy goes on to state
that:
 
“Hours may be more restrictive dependent on the
character of the area and if the individual circumstances require
it. Later hours may be considered where the applicant has
identified any risk that may undermine the promotion of the
licensing objectives and has put in place robust measures to
mitigate those risks. It should be noted that this policy does not
apply to those who are making an application within a Cumulative
Impact Area (see section 3) unless they have been able to
demonstrate that the proposed activity or operation of the premises
will not add to the cumulative impact that is already being
experienced.”
 
 
Decision
 
24.         
Having taken all the representations into account,
the conditions recommended by the Police, the statutory provisions
and the Revised Guidance issued under section 182 of the Licensing
Act 2003 and the Council’s Licensing Policy, by majority the
Panel were satisfied that the Applicant will comply with the
licensing objectives.
 
25.         
Therefore, the Licensing Panel by a vote of majority decided to
GRANT the application, in respect of the following:
 

Supply of alcohol for consumption off the premises:
Monday to Saturday
    09:00 to 23:00
Sunday                        
10:00 to 22:30

 
Hours
premises are open to the public:
Sunday to Thursday
    07:00 to 23:00
Friday to
Saturday       
07:00 to 00:00
 
AND
as an additional condition, the Applicant to ensure
that they maintain a curtain/screen to cover the alcohol on
display/shelves during the hours they are not
allowed to sell alcohol. 
 
26.         
The Panel was of the view that whilst the Applicant
knew about the CIP, he did not have detailed knowledge and
understanding of the core hours and the policy surrounding the
Council’s cumulative impact policy.  However, the Panel decided that following
explanation of these points the Applicant understood his
responsibilities including the measures the premises licence holder
must put in place to minimise the risk of undermining the licensing
objectives.  For example, the Applicant
must have in place a system to prevent public nuisance and
disorder. 
 
27.         
Overall, the Panel was of the view that any existing
problem in the area will not get any worse if the premises were
granted a licence for the sale of alcohol. The Panel took on board
the Applicant’s response and that the conditions as proposed
by the Police are to be attached to the licence to meet the
licensing objectives and are enforceable. 
 
28.         
The Panel felt the Applicant in his submission did
not adequately explain why he needed the hours seven days a week
that exceeded the core hours as out in the CIP. The Panel however
acknowledged that it would benefit the premises to have longer
hours on certain days of the week. 
 
29.         
The Panel noted that other than the core hours as
set out in the Council’s CIP, there was no evidence against
the application for the grant of a premises licence.
 
30.         
The Panel noted this guidance and the comments in the Policy and
noted the representations from the local resident.  The Applicant had agreed with the Police
conditions to accept that addressed the issues of the prevention of
crime and disorder and the prevention of public nuisance.
 
31.         
The Panel noted that there are already 7 other
premises in the area trading different hours including some with
longer hours than the for the CIZ area (perhaps because those
licences were granted before the cumulative impact policy came into
force) that offer sale of alcohol but they felt it was difficult to
identify which of the existing premises, if any, were connected
and/or caused the existing ASB and/or street drinking.
 
32.         
Whilst the Panel members sympathetic with concerns
raised by the objectors surrounding the existing issues of ongoing
ASB and/or street drinking and were appreciative of the voluntary
hard work of the action groups (such as Canford Action Group), there is no
evidence to say the existing problem is because of this area alone
because people move around. 
Furthermore, there is no direct evidence that links the existing
problems of ASB and/or street drinking to the premises in question
or that it will get worse if the premises were granted a licence
for the sale alcohol. 
 
33.         
The Panel noted that ultimately it is for a licence holder to
ensure they are operating in compliance with their licence and to
propose measures to promote the licensing objectives and tackle any
issues.
 
34.         
The Panel would like to remind that a breach of the
licence including the conditions set out above could result in a
review of the conditions and even a revocation of the premises
licence.
 
Right to Appeal
 
35.         
Any party aggrieved with the decision of the Licensing Panel on one
or more grounds set out in schedule 5 of Licensing Act 2003 may
appeal to the local Magistrate’s Court within 21 days of
notification of this decision.