The Licensing (2003 Act) Sub-Committee of Newham Council met on Monday 02 December 2024 to consider a variation to the premises licence for 169 High Street North, East Ham. The committee decided to modify several conditions on the licence, including those relating to the sale of alcohol in smaller bottles and CCTV access.

Variation of Premises Licence for 169 High Street North, East Ham

The committee considered an application to vary the premises licence for 169 High Street North, East Ham, E6 1JB. The application sought to amend conditions on the licence, specifically concerning the sale of alcohol. The premises is located within a Cumulative Impact Zone (CIZ), meaning that new applications or variations are presumed to be refused unless the applicant can demonstrate no negative impact on the licensing objectives.

Decisions Made:

The committee decided to modify several conditions on the premises licence:

• Condition 2 (Spirits Sales): The condition that spirits should not be sold in bottles less than 35 centilitres will remain unchanged.
• Condition 3 (Beer, Lager, Stout, and Cider Sales): This condition will be amended to state that beers, lagers, stouts, and ciders of 500 millilitres or less shall be sold in a minimum pack of two.
• Condition 4 (Alcohol Product Labelling): This condition, which required all alcohol products to be marked with a label stating the name and address of the shop, will be removed.
• Condition 5 (Personal Licence Holder/Nominated Person): This condition will be amended to state that a personal licence holder, licence holder, or nominated person should be present at all times during licensing hours.
• Condition 8 (CCTV): This condition will be amended to state that officers will be provided with immediate access to CCTV on request, with downloads provided within 24 hours.

Discussions:

Representations from Responsible Authorities:

• Metropolitan Police: Represented by Ian Wagstaff, the police objected to the application on the grounds of the prevention of crime and disorder, public nuisance, and public safety. They highlighted that the premises is within a CIZ and that the area experiences issues with street drinking and anti-social behaviour. A supplementary submission included a heat map showing 68 incidents of anti-social behaviour within the E6 1JB postcode over a two-month period. While the police acknowledged some improvement since previous conditions were imposed, they maintained that the area remains challenging. They expressed concerns that the proposed changes could undermine efforts to combat these issues.
• Council's Licensing Enforcement Team: Colin Hunt, from the council's licensing team, also made representations against the application. He echoed the police's concerns about street drinkers and anti-social activities in the area, noting that the conditions imposed after a previous review in June 2024 had led to improvements. He argued that removing these conditions so soon after they were implemented would be detrimental. Mr. Hunt also suggested an amendment to condition 5, proposing the inclusion of a nominated person in addition to a personal licence holder to ensure continuous responsible supervision.

Applicant's Case:

Nader Rajesh, a business consultant representing the licence holder, Raya Saundar Rajesh, presented the case for the variation. He acknowledged the issues in the area but stressed that the business owners are on the front line and want to work with authorities to promote licensing objectives.

• Voluntary Measures: Mr. Rajesh highlighted that the licence holder had voluntarily stopped selling super strength alcohol and had not allowed problem people or street drinkers on the premises since 2015, prior to any imposed conditions.
• Impact of Conditions: He argued that some of the current conditions were impractical and were negatively impacting the business, leading to a significant loss of customers and income. He specifically mentioned the stress caused by the CCTV condition, fearing that staff might intentionally delete footage, leading to a licence review. He also expressed concerns about the practicality of the bottle marking condition, suggesting it could lead to false accusations.
• Proposed Changes:
  • 20cl Bottles: The applicant requested a relaxation of the 35cl minimum for spirits, proposing to sell bottles of 20cl and above, but not miniatures. This was to retain regular customers who use smaller bottles to control their alcohol consumption.
  • Larger Bottles (over 500ml): The applicant sought to sell larger bottles (750ml and 1 litre) of beer, lager, stout, and cider in singles, rather than in packs of two, to avoid losing customers who prefer these larger formats.
  • Bottle Marking: The applicant requested the removal of the bottle marking condition, arguing it was an unnecessary burden and could lead to false accusations. They proposed an alternative of not serving alcohol to known problem makers or street drinkers.
  • Personal Licence Holder: The applicant proposed that a nominated person, in addition to a personal licence holder, should be present, arguing that requiring all staff to obtain personal licences was impractical for a small business and hindered employment opportunities for younger individuals.
  • CCTV Access: The applicant requested that full access to CCTV be restricted to the licence holder and a few trusted individuals, rather than all staff. They proposed providing immediate access for viewing and downloading within 24 hours, or handing over the hard drive if necessary, to mitigate the risk of footage being deleted.

Committee Deliberations:

The committee discussed the applicant's arguments, particularly regarding the practicality of the conditions and the impact on their business. They also considered the concerns raised by the police and the licensing team about maintaining public safety and preventing crime and disorder. The legal officer reminded the committee that each application must be considered on its own merits, not based on matching conditions at other premises.

The committee engaged in detailed discussions about the CCTV condition, exploring potential wording changes to ensure immediate access for officers while addressing the licence holder's concerns about staff access and potential deletion of footage. They also discussed the importance of the 20cl bottle sales to the business and the impact of the current conditions on customer retention.

Following deliberations, the committee adjourned to make a decision. Upon reconvening, the Chair announced the committee's decision to modify several conditions as outlined above. The full written decision with reasons will be provided within five working days.