The Licensing Act 2003 Sub-Committee of Waltham Forest Council met on Tuesday 7 May 2024 to consider an application to vary a premises licence for Budgens at 69 Fulbourne Road, Walthamstow. The committee decided to grant the application with additional conditions.

Variation of Premises Licence: Budgens, 69 Fulbourne Road, Walthamstow, E17 4EZ

The Sub-Committee granted the application to vary the premises licence for Budgens, located at 69 Fulbourne Road, Walthamstow, E17 4EZ, with the addition of three new conditions. The application, submitted by Mr Shahid Chaudry, sought to revise the premises plan, specifically the location of the customer entrance and internal layout, without altering the licensable activity times or existing conditions.

During the consultation period, two representations were received from other persons concerning the licensing objectives of the prevention of public nuisance, public safety, and the prevention of crime and disorder. Councillor Louise Mitchell, Cabinet Member for Adults and a ward councillor for Chapel End, was present for part of the hearing and supported the residents' representations.

The Sub-Committee determined to grant the variation subject to the following conditions:

• An additional SIA (Security Industry Authority) staff member must be employed between 12:00 noon and closing time to help mitigate anti-social behaviour originating from the premises.
• A contact number must be made available to residents of Gallery Court to assist in dispersing any instances of anti-social behaviour emanating from the premises.
• The movement of bins and rubbish outside the premises must be limited to between 09:30 and 17:00.

In reaching its decision, the Sub-Committee considered the agenda pack, oral representations made at the hearing, the Council's Statement of Licensing Policy, and the Revised Home Office Guidance issued under section 182 of the Licensing Act 2003. They noted that no representations were received from any Responsible Authorities. The Sub-Committee acknowledged that the proposed new entrance would offer improved access for wheelchair users and those with pushchairs. However, they also considered the concerns raised by residents regarding anti-social behaviour in Gallery Court and the fear that the entrance change might exacerbate these issues. The Sub-Committee felt they could not compel the applicant to organise hourly SIA patrols within Gallery Court or contribute financially to its on-site security, as this was deemed outside their powers. Concerns were also raised about imposing conditions related to residents' access to incident records, which could contravene data protection rights under the Data Protection Act 2018. Existing conditions already require incident logs to be made available to the police and an incident log system to be maintained. The Sub-Committee also noted the existing condition for a comprehensive CCTV system.

The decision was made in accordance with the provisions of Schedule 5 to the Licensing Act 2003, and relevant parties have the right to appeal to Thames Magistrates' Court within twenty-one days of notification of the decision.

The meeting was attended by Councillor Sally Littlejohn (Chair), Councillors Raja Anwar and Sazimet Palta Imre (Committee Members), and Councillor Louise Mitchell. Officers present included Chris Foxton (Democratic Services Officer), Sherman Xavier (Licensing Officer), and Joanna West (Committee Lawyer). No apologies for absence or declarations of interest were made. The Sub-Committee did not resolve to exclude the press and public from the hearing.

The full details of the application and the premises licence can be found in the Printed minutes of the meeting.