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:   Pound Discount, 3 Market Parade, Hampton Road West, Feltham,
TW13 6AJ (“the Premises”)
 
APPLICANT:  Mr Parmjeet Singh Chopra (“the
Applicant”)
 
TAKE NOTICE
THATON 9 July 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 as follows:
 
REASONS:
 

1)        
The Panel convened to determine an application for
the grant of a Premises Licence for Pound Discount, 3 Market
Parade, Hampton Road West, Feltham, TW13 6AJ made under the
Licensing Act 2003. 
 

2)        
The Applicant applied for the following licensable
activities:
 
·      
Supply of alcohol for consumption off 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
 

3)        
A copy of the application was attached as Appendix A (pages
12 to 21) of the agenda pack.
 

4)        
The Premises were not currently
licensed.  
 

5)        
The Premises are situated in an area of mixed
commercial and residential properties. 
 

6)        
The hearing was held in-person. The Panel consisted
of three members.  All members of the
Licensing Panel were in attendance throughout the hearing, and
during deliberation which took place separately in a closed
session.
 

7)        
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 promotethe
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
 

8)        
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 set out in
paragraphs 4.2 to 4.6 (inclusive) (pages 7 to 9) of the agenda
pack.  
 

9)        
As part of the consultation process the Authority
received submissions confirming that the Applicant had agreed
conditions with the Police, and separately also agreed conditions
with Licensing Enforcement. These written representations are shown
as Appendix D and E (pages 25 to 31) of the agenda
pack.
 

10)     
The Authority also received one representation from
a local resident (“the Objector”)
stating the
neighbourhood is suffering from “rowdiness and
vandalism.” This raised concerns under public nuisance
and antisocial behaviour in the area and as a result of the same
the increased risk to public safety. The written representation is
shown as Appendix B (page 22) of the agenda
pack.
 

11)     
A copy of the report and all representations
received were sent to the Applicant.
 

12)     
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.
 

13)     
The Applicant attended the hearing and was
represented by a Mr Panchal. The Objector did not
attend. 
 
Submissions by the Applicant
 

14)     
During the hearing Mr Panchal
explained that the Applicant had discussed the
application with the responsible authorities and had agreed
conditions. They had also contacted the Objector to find a
resolution to their concerns, however, this had not been successful
and the Objector insisted that the application should go to Panel.
Mr Panchal reiterated points in their application and highlighted
their proposed conditions namely, that signs/notices would be
placed around the Premises, there would be CCTV in place, a
Challenge 25 Policy would be operating along with training for all
staff. In addition Mr Panchal highlighted that Right to Work
documents would be checked for people employed at the Premises
along with a log of people authorised to sell alcohol in accordance
with Licensing Act 2003.
 

15)     
In questions posed to the Applicant, the Panel
queried what kind of business the Applicant was proposing to
operate. The Applicant confirmed that the Premises would operate as
a grocery and off-licence shop. He had previously operated a
discount store and has another shop in Camden which he had been
operating for 18 years. The business was family run and they
employed experienced staff to operate the business. The Applicant
also clarified that whilst the application stated that his Personal
Licence was to be applied for, this had now since been
granted.
 

16)     
The Panel noted that the Objector was concerned by
anti-social behaviour and queried how the Applicant would address
such concerns to meet the licensing objectives in preventing crime
and disorder and public nuisance. Mr Panchal confirmed that the
area in which the Premises was situated was said to be within a
Public Spaces Protection Order (PSPO) which would ultimately assist
in tackling issues such as alcohol consumption in public and ensure
people did not congregate. In addition to this, Mr Panchal relayed
that there was a conflict management course which shopkeepers
undertake, as well as courses available for staff for free online
which helps give them an understanding of how to tackle any such
issues which may occur in the Premises. Furthermore, the Applicant
would make use of any neighbourhood watch groups in the area along
with having a panic button on the Premises to contact the Police if
there were any issues which required their presence. Whilst issues
of litter were not raised by the Objector specifically, Mr Panchal
did confirm that the Applicant would be making use of the refuse
collection with the Council. The Panel considered that litter
issues did relate to possible antisocial behaviour. Furthermore, in
reference to the conditions proposed, the Panel noted that there
was a condition proposing to not sell single cans/bottles of beer,
lager, cider or premixed alcoholic drinks which would assist in the
prevention of crime and disorder and potential public nuisance. As
already highlighted by Mr Panchal, they would also make use of
signage and the Panel were aware that one of the proposed
conditions included signage to ensure people left the Premises
quietly.
 

17)     
In looking at the conditions proposed by the
Applicant and those which the Applicant had agreed to with the
Police and Licensing Enforcement, the Panel queried how the
Applicant would look to implement these. In particular, they
queried whether the Applicant would be able to comply with the
Police’s proposed condition relating to instances where there
may have been a serious assault at the Premises and where in the
Premises they would be able to ‘apprehend any suspects
pending the arrival of the Police.’ Mr Panchal
acknowledged that whilst the Premises did have a storeroom,
apprehending a suspect in the storeroom may end up causing further
issues and whilst they had agreed the condition, the Applicant had
not fully considered this. Mr Panchal reiterated that the Premises
would have a panic button and that the Applicant would make use of
this where needed. Mr Panchal confirmed the Applicant was also open
to amending the conditions as the Panel saw fit to do so and was
aware that it was ultimately for the Panel to decide on any
conditions which may be relevant to be added to the Licence if
granted.
 

18)     
The Panel further queried what measures the
Applicant would take to ensure staff were adequately trained. Mr
Panchal confirmed that the Premises would hold an audit trial of
the people who have been trained, with refresher training being
given to staff every 6 months. In addition to having a training
manual, there were additional courses for different levels of
seniority which the Applicant may look to make use of. It was
further highlighted by Mr Panchal that all staff would undergo the
necessary Right to Work checks.
 

19)     
Whilst the Applicant had applied for a licence for
the supply of alcohol for consumption off the premises, for the
following times, Sunday to Thursday 09:00 to 23:00 and Friday to
Saturday 09:00 to 00:00, the Panel were aware that at Appendix C,
Mr Panchal had written to the Objector suggesting the Applicant
would be happy to reduce the requested licensing hours to Monday to
Sunday 09:00 to 23:00. In response to this query from the Panel, Mr
Panchal confirmed that the Applicant would be happy to implement
these licensing hours if granted or, if the Panel were minded to,
the original hours sought. The opening hours were to still be
Sunday to Thursday 09:00 to 23:00 and Friday to Saturday 09:00 to
00:00. The Applicant also confirmed that they had shutters on the
alcohol displays to ensure that alcohol would not be accessible
when the Premises were open outside of the licensable activities
time. 
 
Statutory Guidance
 

20)     
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).”
 

21)     
Furthermore, the Statutory Guidance states the
following:
 
“Public Nuisance

2.21      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.

 

2.22      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.

…….
 

2.25      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.

.……

2.27      Beyond the
immediate area surrounding the premises, these are matters for the
personal responsibility of individuals under the law. An individual
who engages in antisocial 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.

.……

 

Public safety

2.9        A
number of matters should be considered in relation to public
safety. These may include:

 

           
…

 

           
Good communication with local authorities and emergency services,
for example communications networks with the police and signing up
for local incident alerts (see paragraph 2.4 above);

           
…

 

           
Considering the use of CCTV in and around the premises (as noted in
paragraph 2.3 above, this may also assist with promoting the crime
and disorder objective).

 

…..

Protection of children from harm

 

2.29      The Government
believes that it is completely unacceptable to sell alcohol to
children. Conditions relating to the access of children where
alcohol is sold and which are appropriate to protect them from harm
should be carefully considered.”

 

 

The Council’s Licensing Policy 2020-2025
 

22)     
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.”
 

23)     
The Panel noted that ultimately it was for a licence holder to
ensure they were operating in compliance with their licence and to
propose measures to promote the licensing objectives and tackle any
issues.
 

24)     
In relation to the core hours, 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.  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
 

25)     
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.”
 

26)     
Section 2.5 of the Council’s Policy relating
to core hours states that “Applicants seeking a
licence outside of the core hours will need to provide evidence as
to how their application will not harm the licensing
objectives.” The section also refers to
issues of public nuisance from street drinking stating that
“as such, a premises, for example an
off-licence, wishing to sell alcohol before the core hours would
need to provide a compelling case why it would not compromise the
licensing objectives.”
 

27)     
Section 2.6 of the Council’s Policy makes specific reference
to Alcohol sales for consumption off the premises. Within this
section it states that “research commissioned by the
Council showed that the Borough appears to have a large number of
convenience stores/supermarkets that are licensed to sell alcohol
until the early hours of the morning. Many of these are located in
hotspots for drinking paraphernalia and cleansing
‘grotspots’.”
However, the Council’s Policy goes on to state
at section LP4 that “Hours for the supply of alcohol will
generally be restricted to between 09:00 and
23:00.”
 

28)     
The Panel noted the Objector made reference to there
being multiple other alcohol selling premises within the locality,
however, the Panel established that the Premises was not within the
Cumulative Impact Area and no evidence was submitted of any history
of issues in the immediate vicinity of the Premises. The use of the
CCTV, signage, a Challenge 25 policy, restriction on single
cans/bottles etc sales and staff training would help address the
suggested issues and promote the four licensing objectives.
Moreover, the Applicant was in this case not requesting anything
outside of the core hours and would not operate until the early
hours of the morning for alcohol sales. The Panel considered that
as per the Council’s Policy, the application was to be
considered on its own merits and that possible issues with other
premises did not necessarily mean that there would be issues with
this Premises, particularly as there was said to be no evidence of
issues at the subject Premises and it was yet to
operate.
 
29)     
In addition, the Panel noted
that the Police decided not to put in a representation and were
only otherwise suggesting one additional condition to be
implemented relating to instances of where a serious assault had
taken place. The Panel were aware that as per the Statutory
Guidance above, “Licensing authorities should look
to the police as the main source of advice on crime and
disorder.”
 

30)     
In relation to said issues by the Objector of
‘rowdiness and vandalism’ in the area, the Panel
considered that in accordance with the Statutory guidance
above, beyond the immediate area surrounding the
premises, these are matters for the personal responsibility of
individuals under the law. Again, there was also
no evidence of a history of issues, this was a new Premises and yet
to operate, so any said issues could not be attributed to the
Premises.
 

31)     
In response to questions and the proposed
conditions, the Panel was therefore satisfied that the Applicant
was aware of the potential issues within the area and the proposed
conditions in his Application and those agreed and proposed with
the Police and separately with Licensing Enforcement would also go
some way to addressing any crime and disorder, public nuisance and
public safety issues, as well as ensuring the protection of
children from harm.
 

32)     
Overall, the Panel was of the view that any existing
problems in the area (if any) would not be exacerbated by the grant
of a Premises Licence within the core hours sought. The Panel took
on board the Applicant’s responses and that they would be
happy to reduce the hours sought in line with the core hours and to
agree conditions the Panel saw necessary along with the conditions
as proposed by Applicant and recommended by the Licensing
Enforcement Team and the Police.  With
these conditions the Panel was satisfied that the licensing
objectives would be met and that the conditions were enforceable.
 
 
Decision
 

33)     
Having taken all the representations into account,
the conditions
recommended by the Licensing Enforcement Team, 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.
 

34)     
In reviewing the conditions proposed, the Panel
noted the following from the conditions proposed by the Applicant
within the Application at pages 18 - 19:
 
In
those proposed under the Prevention of Crime and
Disorder:

a.   
Conditions 1, 2 and 3 relating to CCTV, and
appropriate signage were retained as conditions to be added to the
Licence. The Panel recommended that the wording of Condition 1 be
aligned to the council’s model conditions and Condition 1
proposed by the Applicant was accordingly amended to remove the
last sentence.
 

b.   
Conditions 4 (relating to the sale of alcohol above
6% ABV), 5 (relating to the sale of single cans, bottles of beer,
lager etc) and 6 (relating to a restriction on sales of spirits
under 50ml in quantity), whilst the Panel considered these were
suitable conditions and were also suggested by Licensing
Enforcement, they felt the wording of these was not as clear as
could be and decided to amend these to those of the mirroring model
conditions. Conditions 4, 5 and 6 were therefore amended to
conditions 29, 30 and 85 of the Council’s Policy accordingly
to ensure effective promotion of the licensing
objectives.
 

c.    
Condition 7 (relating to consumption of alcohol in
the Premises) was deemed not necessary as the Licence was to be for
consumption off the premises in any case.
 

d.   
Condition 8 (relating to an incident log) was
retained, however for clarity, this was slightly amended to add the
following ‘(g) any refusal of the sale of
alcohol’ to match the model condition, save for the deletion
of reference to faults in searching equipment or scanning equipment
as this was not deemed necessary.
 

e.   
Condition 9 (relating to Right to Work Checks) was
considered necessary in law in any case and therefore removed from
the condition of the Licence. These was also not suggested by
Licensing Enforcement.
 

f.     
Condition 10 (relating to goods subject to duty
payments) was retained as drafted as the Panel considered these
important and relevant for the Premises and business
operating.
 
In
the proposed conditions under the Prevention of Public
Nuisance:
g.   
Condition 1 (relating to displaying a Notice for
customers to leave quietly) was amended to be brought in line with
the model condition of the Council’s Policy. This ensured a
clearer condition and added that notices would be displayed
prominently.
 
h.   
Condition 2 (relating to sale of alcohol to people
who are drunk) was amended by the Panel for clarity to
read:
All staff
shall ensure alcohol is not sold to anyone who appears to be under
the influence of alcohol or incapacitated due to
alcohol.
 
i.     
Condition 3 (relating to CCTV signage) was a repeat
condition and therefore removed.
 
In
the proposed conditions under the Prevention of Public
Nuisance:
j.     
Condition 1 (relating to a Challenge 25 Policy) was
amended to the similar condition proposed by Licensing Enforcement
as the Panel felt this was clearer and added a requirement to
ensure adequate training on the scheme was provided to staff.
Condition 2 (relating to ID) was retained as drafted.
 
k.    
Condition 3 (relating to a refusal book) was
retained, subject to typographical amendments for clarity, as this
was considered important in the prevention of crime and
disorder.
 
l.     
Condition 4 relating to a sign stating “No
proof of age – No sale” was removed as there was
already a sufficient condition stating that Challenge 25 posters
would be displayed. The condition was also one which Licensing
Enforcement had not suggested.
 

35)     
In respect of the condition proposed by the Police,
the Panel considered that, although a model condition, the
suggestion of apprehending suspects seemed more akin to other
businesses/premises. Therefore the Panel resolved to amend this to
remove sub paragraph (b) which reads ‘All measures that
reasonably practicable are taken to apprehend any suspects pending
the arrival of the Police.’
 

36)     
In respect of the conditions proposed by Licensing
Enforcement, these were broadly and mostly the same as those
proposed by the Applicant, save for an additional condition
relating to staff training numbered 3 in their submission. The
Panel considered this important and retained this as part of the
Licence.
 

37)     
The Panel considered that the above amendments would
ensure compliance and promotion of the Licensing Objectives and
help to alleviate concerns surrounding public nuisance, public
safety, the prevention of crime and disorder and the protection of
children from harm. The Licensing Panel has therefore
decided to GRANT the application for a Premises Licence
with the following modifications:
 
·      
Supply of alcohol for consumption off the
premises:

Monday to Sunday 09:00 to 23:00

 
·      
Hours premises are open to the
public:

Sunday to Thursday 07:00 to 23:00

Friday to Saturday 07:00 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 and during all times when customers
remain on the premises. All recordings shall be stored for a
minimum period of 31 days with date and time stamping.
 

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.   
Appropriate signage will be displayed, in a prominent position,
informing customers they are being recorded on CCTV.
 
4.   
No super-strength beer, lagers, ciders or spirit mixtures of 5.5%
ABV (alcohol by volume) or above shall be sold at the premises,
except for premium beers and ciders supplied in glass bottles.
 
5.   
No single cans or bottles of beer or cider or spirit mixtures shall
be sold at the premises.
 
6.   
No miniature bottles of spirits of 20 cl or below shall be sold
from the premises.
 
7.   
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) all ejections of patrons
(c) any complaints received concerning
crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive
weapons
(f) any faults in the CCTV system
(g) any refusal of the sale of
alcohol
(h) any visit by a relevant authority
or emergency service.
 
8.   
All goods, including those subject to duty payments i.e., alcohol
and tobacco products will be brought from cash and carries only an
invoices and they will be available upon request. All alcohol will
be purchased from AWRS registered cash & carry or
wholesalers.

 

9.   
All staff shall ensure alcohol is not sold to anyone
who appears to be under the influence of alcohol or incapacitated
due to alcohol.

 
10. Notices shall be prominently
displayed at all exits requesting patrons to respect the needs of
local residents and businesses and leave the area quietly.
 
11. A Challenge 25 proof of age
scheme shall operate at the premises. Signage shall be displayed
advising customers that the scheme is in place. All staff
authorised to sell alcohol will be trained in the Challenge 25
scheme and this training will be documented to include the date the
training was given, the name of the person who gave the training,
the person who received the training and signatures by both trainer
and trainee.

12. The only acceptable ID will be
those with photographic identification documents, including
passport, photo-card, driving license or proof of age card bearing
the PASS hologram.
 
13. A record shall be kept
detailing all refused sales of alcohol. The record should include
the date and time of the refused sale and the name of the member of
staff who refused the sale. The record shall be available for
inspection at the premises by the police or an authorised officer
of Hounslow Council at all times whilst the premises is open.
 
14. 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.
 
15. In the event that a serious
assault is committed on the premises (or appears to have been
committed) the management will immediately ensure that:
 

(a) 
The police (and, where appropriate, the London Ambulance Service)
are called without delay;

(b) 
The crime scene is preserved so as to enable a full forensic
investigation to be carried out by the police; and

(c) 
Such other measures are taken (as appropriate) to fully protect the
safety of all persons present on the premises.
 

38)     
The Panel would like to remind the Applicant that a
breach of the licence 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
 

39)     
Any party aggrieved with the
decision of the Licensing Sub-Committee 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.