Decision Maker: Licensing Sub-Committee C

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: April 30, 2025

Purpose:

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, public safety, the prevention of public nuisance and the protection of children from harm.    Having considered all written representations, evidence, and oral submissions, the LSC resolved to grant a variation of the premises licence.     Permitted Licensable Activities:   Supply of alcohol for consumption off the premises , 8am – 11pm daily.            Late Night Refreshment: 11pm – midnight, daily.     The Premises Licence shall be subject to the following conditions:   1.    CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition, and recordings shall be kept for thirty-one (31) days and shall be made immediately available to Police or authorised officers from the Local Authority (as defined by Section 13 of the Licensing Act 2003) upon request.   2.    CCTV camera shall be installed to cover all the entrances and exits of the premises.   3.  A member of staff trained in the use of the CCTV system shall be available at the premises at all times that the premises are open for trading. This staff member shall be capable of making copies and downloading any footage immediately requested by the Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).   4.  The CCTV system shall display on any recordings the correct date and time of the recording.   5.  The CCTV system shall be capable of obtaining clear facial recognition images, and a clear head and shoulder image, of every person entering or leaving the premises.   6.  A ‘Challenge 25’ policy shall be adopted and adhered to at all times, with posters – including “It’s A Crime!” designed to warn against proxy sales – shall be prominently displayed.   7.  An Incident Log shall be kept at the premises and be made immediately available for inspection on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003), which will record as a minimum the following: a) Any complaints received. b) Any incidents of disorder. c) Any faults in the CCTV system. d) Any visit by a relevant authority or emergency service. Details shall be recorded in this Log immediately following each incident.   8.  A Refusals Register detailing the date and time of any refused sales of alcohol, the name of the person refusing the sale, and a description of the person attempting to purchase alcohol, shall be kept and maintained, and made immediately available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003). Details shall be recorded in this Register immediately following each refusal.   9.  Any staff directly involved in selling alcohol for retail to consumers and any staff who provide in-house operational training, including managers, shall undergo training in the Licensing Act 2003 legislation at least every six (6) months as a minimum. The training shall be documented and signed off by the Designated Premises Supervisor and each member of staff receiving the training. The Training Log shall be made immediately available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).     10. Acceptable proof of age when determining if a customer is over 18 years for the purposes of the sale of alcohol shall include identification bearing the customer’s photograph, date of birth, and integral holographic mark or security measure. Suitable means of identification would include a ‘PASS’ approved proof of age card, a photocard driving licence, or a passport.   11. A sign stating “No proof of age - No sale” shall be displayed at the point of sale.   12. Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and businesses, and to leave the premises and the area quietly.   13. There shall be two members of staff on duty at the premises after 21:00 hours.   14. The Premises Licence Holder shall have in place procedures to ensure that a person ordering alcohol to be delivered to their address, or collecting pre-ordered alcohol from the premises, is over 18 years of age. A record of each order and the checks carried out by staff at the premises shall be kept either in a manually-written record of sales or an electronic record of sales, and made available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).   15. Internet sales and deliveries of alcohol shall only be permitted to a registered residential or business address, and shall not be delivered to parks, open spaces, vehicles, or similar. The ‘Challenge 25’ proof of age photo ID must be validated by the person delivering the alcohol prior to it being handed to the customer.   16. Alcohol deliveries by staff from the premises shall only be carried out by persons who have undergone ‘Challenge 25’ training.   17. For alcohol delivered by an external contractor, a contract shall be in place ensuring that they train their delivery staff in line with current Licensing Act 2003, as it relates to age verification, underage sales, and the law relating to the sale of alcohol. Details of this contract shall be made immediately available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).   18. No high Strength  beers, ciders, lagers, and spirit mixers with an ABV of 6.5% and above shall be stocked or sold at the premises, with the exception of imported premium and craft beers with the written consent of the Licensing Authority and the Police. 19.Signage shall be prominently displayed in the premises advising customers not to congregate outside the premises. Details of any loiterers who refuse to move on after authorised staff have made a reasonable request should be noted in the premises’ Incident Record. 20. All alcohol on display shall be in full view of the cashier / staff member on duty at all times and shall not be obscured by displays or shelving. 21. All alcohol and age restricted goods shall be placed away from goods aimed at children such as sweets, magazines etc. 22. During the hours of operation of the premises, the Premises Licence Holder shall ensure that sufficient measures are in place to remove and prevent litter or waste arising from customers in the area immediately outside the premises, and that this area is kept clear of litter. 23. Cashier to have clear and unobstructed view of the public entrance to the premises and the immediate vicinity outside the premises, with no signage or posters above 1.2m high displayed obstructing the view. 24. Alcohol shall not be sold in an open container or be consumed in the licensed premises. 25. Multipacks of alcohol shall not be divided for sale of single cans or bottles, or other single containers.   26. Delivery agents (e.g. Just Eat, Deliveroo, Uber Eats) collecting deliveries from these premises shall not leave vehicle engines running, and shall avoid gathering outside at any time.     Existing Conditions within Annex 2 of the Premises Licence:- Conditions 3, 5, 6, 7, 8, 9, 10 and 12 shall be deleted from the premises licence. Basis of Decision   The Applicant’s agent confirmed that the conditions proposed by the police were agreed and conditions 18 and 19 were not sought to be imposed on the varied licence. However, the agent stated the hours sought for the sale of alcohol and later night refreshment were from 8am to 1am the next day daily.     The agent informed the LSC that the variation was sought because of competition from a new business next to the applicant premises, to maintain commercial viability.   The agent further submitted that there were no objections from residents, only responsible authorities, the conditions proposed by the responsible authorities were accepted and agreed, schools in the locality were not open late at night, the representations regarding street drinking were not accepted, the applicants were nt aware of any , at least none associated with the premises. Moreover, it was submitted that there were no problems associated with the premises, they were well run. The agent submitted that the applicant’s daughter had been granted a 24 hours licence for premises about 20 minutes away from the applicant’s premises and there was no reason why a licence to 1am could not be granted.   The representations and submissions from the police and environmental health regarding the locality being heavily residential and being within a residential estate, history of street drinking, and the current evidence from the police that street drinking will increase during warmer months, likely increase in footfall if a licence to 1am were to be granted, were given due regard and weight by the LSC.   In reaching its decision the LSC disregarded commercial considerations, and the availability of alcohol locally, they are not licencing objectives.   The LSC considered the nature of the locality within which the premises are located, being residential and the licensing objectives of prevention of public nuisance and of crime and disorder. There was clear evidence of street drinking and related anti-social behaviour.            The LSC also were of the view that the proposed conditions by the Police and Environmental Health were proportionate to promote the licencing objectives, and which were agreed by the Applicant.   Any party aggrieved by this decision may appeal to the magistrates’ court within 21 days.