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Licensing (2003 Act) Sub-Committee - Tuesday 20th December 2011 3.00 p.m.

December 20, 2011 Licensing (2003 Act) Sub-Committee View on council website

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The Licensing (2003 Act) Sub-Committee granted a new premises licence for Giftys Tropical at 13 Cundy Road, E16, with several conditions attached. The committee considered representations from the Metropolitan Police, Trading Standards, and the Noise and Nuisance team regarding concerns about child protection, crime prevention, and public nuisance.

Giftys Tropical Premises Licence Application

The Sub-Committee granted a new premises licence for Giftys Tropical, located at 13 Cundy Road, E16, with modified operating hours and several stringent conditions. The application sought permission for the sale of alcohol off the premises from Monday to Sunday, 8:00 AM to 10:00 PM.

Representations were lodged against the application by the Metropolitan Police, citing concerns over the protection of children from harm and the prevention of crime. The Council's Trading Standards team also raised objections on the grounds of protecting children from harm, while the Noise and Nuisance team expressed concerns about the prevention of public nuisance.

Key conditions imposed on the licence include:

  • Sale of Alcohol Hours: Alcohol can be sold between 8:00 AM and 8:00 PM. After 8:00 PM, the alcohol sales area must be screened off.
  • CCTV Requirements: A comprehensive CCTV system, acceptable to the Police, must be installed, maintained, and fully operational, covering all public areas both internally and externally. Footage must be retained for 31 days and be readily available to the Police or authorised officers upon request. A suitably trained member of staff must be present to assist with footage retrieval. The system must be operational 24 hours a day, except for scheduled maintenance. If the system breaks down, the premises must remain closed until it is fixed, and the Police Licensing Team must be contacted immediately. The system must also have the facility to transfer recorded images to a medium supported by the Police and Council.
  • Challenge 25 Policy: The licensee must adopt a Challenge 25 policy, requiring staff to ask for proof of age from any customer who appears to be under 25 and attempts to purchase alcohol or other age-restricted products. Accepted forms of proof of age are limited to Pass hologram-bearing cards, UK Photo Driving Licences, and Passports. Notices advising customers of this policy must be prominently displayed.
  • Staff Competence and Training: A written record of all staff authorised to sell alcohol must be maintained on the premises, including their full name, home address, date of birth, and National Insurance number. Staff must receive adequate training on the law regarding age-restricted products and on identifying customers who may be under 25. All training must be documented and records kept on-site. Staff must be capable and confident in challenging underage purchasers. Effective controls, such as a rota system, must be in place to ensure only authorised personnel sell alcohol.
  • Refusals' Book: A register of refused sales for all age-restricted products, known as a Refusals' Book, must be kept. This book should detail the time and date of the attempted purchase, a description of the attempted purchaser, the products they tried to buy, the reason for refusal, and the name and signature of the salesperson. The licensee must examine this book regularly (at least weekly) and endorse each examination. Analysis of refusals should be conducted to identify trends, training needs, and compliance issues. The Refusals' Book must be available for inspection by the Licensing Officer, Trading Standards, or the Police at any time during licensed hours.
  • Packaged Alcohol Sales: Beers, lagers, and cider can only be sold in packs of four cans.

The Sub-Committee noted that the applicant intended to seek assistance from an experienced retailer to run the shop, a move they fully supported, although they could not impose a condition related to this. The imposed conditions were deemed necessary for the prevention of crime, protection of children from harm, and prevention of public nuisance. All parties have the right to appeal the decision at the Magistrate's Court within 21 days.

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Meeting Documents

Agenda

Agenda frontsheet 20th-Dec-2011 15.00 Licensing 2003 Act Sub-Committee.pdf

Reports Pack

Public reports pack 20th-Dec-2011 15.00 Licensing 2003 Act Sub-Committee.pdf

Minutes

Printed minutes 20th-Dec-2011 15.00 Licensing 2003 Act Sub-Committee.pdf

Additional Documents

Committee Report.pdf
Appendices B- E.pdf.pdf
Appendix A.pdf.pdf
Appendix F.pdf.pdf