Content

Notification of decision
following a Licensing Sub-Committee hearing to determine an
application for the grant of a premises
licence under section 17 of the Licensing Act
2003
 
PREMISES:   Booze London Ltd, Unit 54, Wow Storage, Transport Avenue,
Brentford TW8 9HF (“the Premises”)
 
APPLICANT:  BOOZELONDON LIMITED
(“the Applicant”)
 
TAKE NOTICE
THATON 30 May 2023 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 a Premises Licence for Booze London Ltd, Unit
54, Wow Storage, Transport Avenue, Brentford TW8 9HF was GRANTED subject to the modifications and conditions
stated below.
 
REASONS:
                                       
The Panel convened to determine
an application for the grant of a Premises Licence for Booze London
Ltd, Unit 54, Wow Storage, Transport Avenue, Brentford TW8 9HF made
under the Licensing Act 2003. 
 
The Applicant applied for the
following licensable activities:
 
·      
Supply of alcohol on the premises:

Monday to Sunday 00:00 to 00:00

 
·      
Hours premises are open:

Monday to Sunday 00:00 to 00:00
 
A copy of the application was attached as
Appendix A (pages 12 to 23) of the agenda pack.
 
The Premises were not currently
licensed.  
 
The Premises are situated in an
area of commercial premises.
 
The hearing was held in-person.
The Panel consisted of two members.  All
members of the Licensing Panel were in attendance throughout the
hearing, and during deliberation which took place separately in a
closed session.
 
The Licensing Panel carefully
considered all the relevant information including:
 
·      
Written and Oral representations by all the
parties
·      
The Licensing Act 2003 and the steps appropriate to
promote the Licensing Objectives
·      
The guidance issued under section 182 of the
Licensing Act 2003 (“the Statutory
Guidance”)
·      
Hounslow Council’s licensing policy including
the Council’s Cumulative Impact Policy 2020 – 2025
(“the Council’s Policy”)
·      
The Human Rights Act 1998
The measures and
conditions the Applicant proposed to include with any licence that
may be granted are set out in the application in
Appendix A and also listed in paragraphs 4.2 to 4.6 (inclusive) (pages 6 to 8) of
the agenda pack.  
 
As part
of the consultation process the Authority received a representation
from a local resident (“the Objector”) who
stated they were concerned that granting the licence may result in
crime and disorder as the units would be ‘easy to break
into.’ In addition the
Objector was concerned about public safety and that granting a
licence may cause issues for the community, encouraging
‘thieves to sell stolen products illegally, encourage
drinking because it's free and perhaps by those who shouldn't -
underage youngsters etc, encourage regular break ins.’
The written representation is shown as Appendix B (pages 24)
of the agenda pack
 
Conditions were also said to have been agreed with the Police
and details of the agreed conditions are shown as Appendix C
(pages 25-26) of the agenda pack.
 
There
were no representations from the Licensing Enforcement Team
opposing the application.
 
A copy
of the report and all representations received were sent to the
Applicant.
 
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 all the parties in
attendance.
 
The
director of the Applicant company attended the hearing and was
represented by a Mr Panchal. 
 
Submissions by the Applicant
 
During the hearing Mr Panchal explained that the application for the licence was from an
online delivery business for the sale of alcohol proposed by the
Applicant and that the Applicant was experienced in the online
trade business. Mr Panchal added that as this was an online
business, there was no footfall from members of the public and that
this was the reason for the application for a 24-hour licence. The
business operated as an online delivery platform only with customer
collection also not available. Furthermore, he went on to explain
that care was taken to ensure that customers were over the age of
18 and he briefly described the process once an order was
made.
 
Mr. Panchal also made reference to the Objector’s
representation stating that the Premises at Wow Storage was fully
secure and that access for the general public was not allowed. The
Premises were secured by a gate, fully alarmed and a password was
required to enter and so he did not see an issue as suggested by
the Objector. Mr Panchal also drew attention to the fact that they
had agreed conditions with the Police and there were no other
objections from responsible authorities. The Panel also noted the
Police did not raise any concerns regarding the security of the
Premises.
 
The Panel sought to clarify the
process for placing an order with the Applicant and what steps were
to be taken to ensure the customer was over the age of 18. Mr
Panchal confirmed that purchases were made online (usually though
the Uber Eats platform although not exclusively) with deliveries
only being made to a residential address or business. Upon arrival
at the delivery location, the delivery drivers (who may be the
Applicant’s own or employed via platforms such as Uber Eats)
would make use of the Challenge 25 policy which challenges anyone
for identification who may look under the age of 25. Acceptable
proof of age identification which the delivery drivers may accept
were noted within the Applicant’s proposed conditions. The
Panel were also aware that the Applicant had proposed conditions
that would mean deliveries would be refused if the driver thought
the customer was under the influence of alcohol or drugs or
believed to be purchasing on behalf of another person who is not
18.
 
The Panel further enquired
about the security at the Premises and what CCTV was in place. With
reference to the map provided within the application, Mr Panchal
and the Applicant explained that the Premises unit was well made,
secure, within a gated area and with a manned security reception
office. Mr Panchal highlighted that the security office was also on
hand to assist the Applicant for any issues they encountered in
accessing the Premises. The Panel were also informed by Mr Panchal
that the CCTV belonged to the site and was not owned personally by
the Applicant, however, Mr Panchal confirmed access to footage
could be provided via the security office and that the Applicant
did intend to add his own CCTV within the Premises over which they
would have full control. The Panel enquired about whether someone
would be on site at all times and the
Applicant confirmed that someone would only attend as and when
orders came in.
 
In questioning, the Panel were
concerned by the suggestion that the delivery drivers of the
platform apps were ultimately responsible for checking ages of the
customers when delivering alcohol. Mr Panchal assured the Panel
that the platform providers and apps such as Uber Eats had their
own policies in place to ensure they also met the licensing
objectives and therefore they would also seek to ensure that the
delivery drivers employed on the platforms were aware of the
procedure and policies in place such as Challenge 25 when
delivering alcohol to customers.
 
Mr Panchal confirmed that the
main aspect of the business was alcohol sales but that the
Applicant may choose to expand this to add groceries.
 
Mr Panchal also clarified that
the agreed conditions with the Police were in addition to those
suggested by the Applicant within the application.
 
Statutory Guidance
 
The Panel considered the
Statutory Guidance further 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).”
 
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.

 

…..

 

Mobile, remote, internet and other
delivery sales

 

3.8        The sale by retail
of alcohol is a licensable activity and may only be carried out in
accordance with an authorisation under the 2003 Act. Therefore, a
person cannot sell alcohol from a vehicle or moveable structure at
a series of different locations (e.g.
house to house), unless there is a premises licence in respect of
the vehicle or moveable structure at each location at which a sale
of alcohol is made in, on or from it.

 

3.9        The place where the
order for alcohol, or payment for it, takes place may not be the
same as the place where the alcohol is appropriated to the contract
(i.e. the place where it is identified
and specifically set apart for delivery to the purchaser). This
position can arise when sales are made online, by telephone, or
mail order. Section 190 of the 2003 Act provides that the sale of
alcohol is to be treated as taking place where the alcohol is
appropriated to the contract. It will be the premises at this
location which need to be licensed; for example, a call centre
receiving orders for alcohol would not need a licence but the
warehouse where the alcohol is stored and specifically selected
for, and despatched to, the purchaser would need to be licensed.
These licensed premises will, as such, be subject to conditions
including the times of day during which alcohol may be sold. The
premises licence will also be subject to the mandatory licence
conditions.

 

3.10      Persons who run premises
providing ‘alcohol delivery services’ should notify the
relevant licensing authority that they are operating such a service
in their operating schedule. This ensures that the licensing
authority can properly consider what conditions are appropriate.
Premises with an existing premises licence, which choose to operate
such a service in addition to their existing licensable activities,
may consider contacting their licensing authority for its view on
whether this form of alcohol sale is already permitted or whether
an application to vary the licence will be
required.”
 

The Council’s Licensing Policy
2020-2025
 
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.

 
In relation to the hours
applied for, the Council’s Policy 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. 
 
Furthermore, the current policy
goes on to state that hours may be more restrictive depending on
the character of the area and individual circumstances of the case,
but later hours may also be considered where the applicant puts in
place robust measures to mitigate against any risks that may
undermine the licensing objectives.
                          
Off Sales of Alcohol is also
considered at as LP4 of the Council’s Policy which
states:
 
“Hours for the supply of alcohol will generally be
restricted to between 09:00 and 23:00.”
 
Whilst the application was for
‘Off Sales of Alcohol,’ the Panel noted no
representation was put forward by the Licensing Enforcement Team,
the hours proposed were agreed by the Police and that no
representations had otherwise been received in relation to the
hours sought. In addition, the Panel was aware that the Premises
was situated in an area of commercial premises and there was no
public contact as all order were via online systems so the risk of
public nuisance would be limited.
 
The Council’s Policy also states:
 
4.10    Internet and mail order sales
 
120. A premises licence
will be required for a warehouse or storage facility for alcohol.
However, the call centre where the order was placed would not
require authorisation. The Council expects that the application
will include procedures for ensuring that sales of alcohol are not
made by or delivered to persons under 18 years of age.
 
The Panel considered the
Council’s Policy and noted that many of the issues identified
within it regarding alcohol off sales related to late night off
licences and issues from street drinking. In this regard, the Panel
considered that the effect of granting the current application
would have a limited effect on these given that deliveries would be
made directly to residential premises or business
addresses.
 
The Applicant had also
suggested within their proposed conditions amongst other proposals
that ‘all staff would be trained in responsible alcohol
training’ with information displayed to customers on
their website that 'It is a criminal offence for a person under
18 to purchase or attempt to purchase alcohol and that it is also
an offence to purchase alcohol on behalf of a person under 18'.
in addition, the use of the Challenge 25 policy, the use of a
refusals logbook and the security and CCTV in in place at the
Premises would go towards addressing any concerns over issues with
all four of the licensing objectives.
 
Overall the Panel was satisfied
that the proposed conditions and the additional conditions agreed
with the Police would go some way in preventing issues and
promoting the licensing objectives.
 
 
Decision
 
Having taken all the
representations into account, the conditions agreed by the Police,
the statutory provisions and the Revised Guidance issued under
section 182 of the Licensing Act 2003 and the Council’s
Policy, the Panel were satisfied that the Applicant would comply
with the licensing objectives.
 
The Panel directed that the
conditions as proposed by Applicant were to be added to the licence
along with the agreed conditions with the Police. It was noted that
some of the conditions agreed with the Police duplicated or
mirrored conditions proposed by the Applicant and therefore the
Panel decided that the Police conditions were preferred and to be
added in full (save for some amendments noted below) along with the
following proposed conditions from the Applicant:
 
Applicant’s Proposed Conditions to be added:
·      
Applicant’s Proposed Condition 1 (relating to
waste packaging) under 4.4 of the agenda pack.
·      
Applicant’s Proposed Condition 2 (relating to
music) under 4.4 of the agenda pack.
·      
Applicant’s Proposed Condition 1 (relating to
delivery of goods) under 4.5 of the agenda pack.
·      
Applicant’s Proposed Condition 9 (relating to
information online) under 4.5 of the agenda pack.
·      
Applicant’s Proposed Condition 10 (relating to
refused alcohol deliveries) under 4.5 of the agenda
pack.
·      
Applicant’s Proposed Condition 11 (relating to
a refusal log) under 4.5 of the agenda pack.
 
 In addition, the Panel resolved to
amend the following:
 
·      
Part of the first condition agreed with the Police
relating to CCTV - to remove the words ‘when customers
remain on the premises’ and end the sentence in question
after the word activities so the full sentence reads
‘The CCTV system shall continually record
whilst the premises is open for licensable
activities.’
 
·      
Police agreed condition relating to an incident log
to be removed and replaced to better reflect the model conditions
within the Council’s Policy as follows:
An
incident log shall be kept at the premises and made available on
request to an authorised officer of the Hounslow Council or the
Police. It must be completed within 24 hours of the incident and
will record the following:
 

(a) all crimes reported to the venue

(b) any complaints received concerning crime and
disorder

(c) any incidents of disorder

(d) any faults in the CCTV system

(e) any visit by a relevant authority or emergency
service.
 
The Panel also decided to add the following
conditions relating to deliveries to reduce any potential public
nuisance issues:
·      
No deliveries (of supplies) to the premises shall
take place between 23.00hrs) and 08.00hrs on the following
day.
 
·      
Drivers shall be discouraged from congregating
outside the premises.
 
The Licensing Panel therefore decided to
GRANT the application for a grant of a Premises Licence
with the following modifications:
 
·      
Supply of alcohol on the premises:

- Monday to Sunday
00:00 to 00:00
 
·      
Hours premises are open:

- Monday to Sunday
00:00 to 00:00
 
Additional Conditions:
 

1.   
The premises shall install and maintain a comprehensive CCTV system
as per the minimum requirements of the Hounslow Police Licensing
Team. All entry and exit points will be covered enabling frontal
identification of every person entering in any light condition. The
CCTV system shall continually record whilst the premises is open
for licensable activities. All recordings shall be stored for a
minimum period of 31 days with date and time stamping. Viewing of
recordings shall be made available immediately upon the request of
Police or authorised officer throughout the entire 31-day
period.
 
2.   
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. This staff
member must be able to provide a Police or authorised council
officer copies of recent CCTV images or data with the absolute
minimum of delay when requested.
 
3.   
All staff responsible for selling alcohol shall receive regular
training in the Licensing Act 2003. Written records of this
training shall be retained and made available to Police and Council
officers with the absolute minimum of delay when requested.
 
4.   
No direct sales are to be made from the Warehouse. Sales are
through the internet/website only.
 
5.   
No public access to the premises at any time.
 
6.   
An incident log shall be kept at the premises and made available on
request to an authorised officer of the Hounslow Council or the
Police. It must be completed within 24 hours of the incident and
will record the following:
 
(a) all crimes reported to the
venue
(b) any complaints received concerning
crime and disorder
(c) any incidents of disorder
(d) any faults in the CCTV system
(e) any visit by a relevant authority
or emergency service.
 
7.   
Drivers will not deliver to anywhere other than at the residential
or business address given when the order was placed.

 
8.   
Full address details, including postcode, must be given when
placing an order.
 
9.   
Challenge 25 - if the delivery driver considers that the recipient
of alcohol appears under 25 recognised photographic identification
shall be requested before any alcohol is handed over.
 
10. Acceptable proof of age shall
include identification bearing the customer's photograph, date of
birth and integral holographic mark or security measure. Suitable
means of identification would include PASS approved proof of age
card, photo-card driving licence and passport.
 
11. Minimum age of 18 for delivery
drivers.
 
12. Delivery will also be refused
if driver believes the alcohol is being purchased on behalf of
another person who is not 18.
 
13. Waste packaging shall only be
cleared during daylight hours.
 
14. No Music will be played at the
premises.
 
15.  Alcohol and other goods can only be delivered to a
residential or business address.
 
16. Delivery will be refused if
the driver considers the person receiving the delivery to be under
the influence of alcohol or drugs.
 
17. The company website must
display the following statement in a prominent position for those
making purchases of alcohol. 'It is a criminal offence for a person
under 18 to purchase or attempt to purchase alcohol and that it is
also an offence to purchase alcohol on behalf of a person under
18'
 
18. If delivery is not made for
any reason the driver will return the order to the warehouse. The
right to refuse the sale of alcohol must be in the terms &
conditions.
 
19. A refusal/incident register
shall be kept at the premises. A record of all refusals
and also all incidents relating to crime
& disorder and anti-social behaviour shall be logged showing
the date and time of the refusal/incident, details of the
product/nature of the incident and the individual(s) involved and
the name of the member of staff involved. The register shall be
kept up to date and on the premises at all
times and made available for inspection on request by
officers of the Licensing Authority and Police.

 
20. No deliveries (of supplies) to
the premises shall take place between (23.00hrs) and (08.00hrs) on
the following day.
 
21. Drivers shall
be discouraged from congregating outside the premises.
 
The Panel would like to remind
the Applicant that a breach of the licensed times and conditions
could result in a review of the Premises
Licence, and potential modification of the
conditions and even a revocation of the Premises
Licence.
 
Right to Appeal
 
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.