The Licensing Sub-Committee granted a new premises licence to The Carbonite Drinks Company Limited for a garage at 8 Northweald Lane, Kingston upon Thames, KT2 5GW. The licence permits the retail sale of alcohol for off-premises consumption between 10:00 and 17:00 daily, with no public access to the premises. The decision was made after considering representations from residents and responsible authorities, and imposing several conditions to promote the licensing objectives.

Application for a New Premises Licence for The Carbonite Drinks Company Limited

The Licensing Sub-Committee considered an application for a new premises licence for The Carbonite Drinks Company Limited, located at 8 Northweald Lane, Kingston upon Thames, KT2 5GW. The application sought authorisation for the retail sale of alcohol for off-premises consumption, daily between 10:00 and 17:00. Crucially, the premises would not be open to the public at any time, with sales intended solely for online orders.

The committee was informed that the applicant, David John Hughes, intended to store rum, imported from Panama and bottled under the Carbonite brand, at the premises. He stated that the rum would be stored in a bonded warehouse in Scotland until needed, at which point it would be bottled and shipped to the Northweald Lane address for storage and subsequent personal delivery to customers via DHL. The applicant assured the committee that he would not hold more than four to five cases in stock at any one time and that his profit margins were low, making large-scale storage uneconomical.

Representations and Concerns

The application received eleven valid representations from Other Persons (residents), primarily raising concerns related to the prevention of crime and disorder, and the prevention of public nuisance. Key concerns included:

• Prevention of Crime and Disorder: Residents expressed fears that storing alcohol, particularly expensive rum bottles retailing at around £144 each, would attract burglaries and criminal activity. They cited previous issues with anti-social behaviour and drug-related activity in the nearby Kestrel Close social housing development, suggesting that the garage could become a target for individuals involved in such activities. There were also concerns about the proximity of the garage to a public footpath and the potential for increased crime if alcohol was known to be stored nearby.
• Public Safety: Concerns were raised about the flammability of alcohol and the risk of fire or explosion within a residential garage. Residents also highlighted the potential for increased traffic and noise from deliveries and collections, impacting road safety, particularly for pedestrians and cyclists, and making access difficult for neighbours.
• Prevention of Public Nuisance: Residents argued that operating a business from a residential garage would create a public nuisance through increased traffic, noise from vehicles, and potential congestion. They also noted that the property deeds for the Royal Park Gate estate stipulated that properties should be used solely as private dwellings, and that running a business from the premises would breach these covenants.
• Protection of Children from Harm: Concerns were raised about children playing in an area adjacent to the garage and the potential risks associated with alcohol storage, including fire hazards. The timing of deliveries during school commuting hours was also highlighted as a concern.

The Council's Trading Standards Officer initially raised concerns regarding the protection of children from harm, but these were later withdrawn following amendments made by the applicant to their operating schedule.

Applicant's Response and Mitigation Measures

The applicant, David John Hughes, addressed the concerns raised by residents. He stated that he had invested in fireproof cabinets and installed smoke detectors, floodlights, and CCTV cameras, including Ring cameras, to enhance security. He also confirmed that his landlord had consented to the proposal and that his immediate neighbours were aware and content with his plans. He expressed his willingness to accept any appropriate conditions or stipulations imposed by the committee. Mr. Hughes, who works in the security industry, emphasised his commitment to security and stated that he would cease the business if any significant problems arose.

Decision and Reasoning

The Licensing Sub-Committee decided to GRANT the application for a new Premises Licence, subject to conditions and additional conditions.

The committee's reasoning was based on several factors:

• No Responsible Authority Objections: The withdrawal of the Trading Standards representation meant there were no objections from responsible authorities.
• Consideration of Resident Representations: The committee acknowledged the concerns raised by the eleven Other Persons regarding crime, disorder, and public nuisance. However, they noted that many of these concerns related to issues in Kestrel Close that were outside the applicant's control and appeared to be historical.
• Compliance with Policy: The proposed hours of operation (10:00 to 17:00) were within the guideline hours set out in the Council's Statement of Licensing Policy.
• Limited Scope of Operation: The committee took into account that the sales would be for limited online orders only, with no public access to the premises. They viewed the application as a conscientious compliance with the Licensing Act 2003 for 'warehousing' even limited bottles.
• Mitigation Measures: The committee considered the security and safety measures proposed by the applicant, including those agreed with Trading Standards and additional conditions imposed by the committee.
• Restrictive Covenant: The Sub-Committee noted that the estate's user clause (restrictive covenant) was a matter outside its remit as a licensing authority. They advised residents that this was a private legal matter.
• Future Review: The committee highlighted that the licence could be reviewed if any problems arose concerning the licensing objectives, and that residents could submit a review application.

Conditions Imposed

The granted licence is subject to the following conditions:

Hours:

• Alcohol sales: Monday to Sunday, 10:00 to 17:00 hours.
• Opening Hours: There will be no public access to the premises at any time.

The Prevention of Crime and Disorder:

• The premises shall not be open to the public, and no member of the public shall be permitted to attend for the purchase or collection of alcohol.
• No company signs or advertising indicating alcohol storage shall be displayed on or around the premises.
• Alcohol shall not be visible from the exterior of the premises.
• All supplies of alcohol must be in sealed containers.
• All staff shall be trained in underage sales prevention, with records maintained and available for inspection. Refresher training is required every six months.

The Prevention of Public Nuisance:

• No collections of waste or recycling materials shall take place between 23:00 and 07:00 hours.

The Protection of Children from Harm:

• Evidence of age (photographic ID) shall be requested from anyone appearing under 25 attempting to buy alcohol.
• Acceptable identification includes government-issued ID with a holographic mark and photograph, or PASS-approved age cards.
• Notices advising customers of potential age verification checks shall be displayed.
• Account opening procedures must ensure customers are over 18.
• All sales must be paid for at the time of ordering via debit/credit card or electronic payment.
• Delivery personnel must be aged 18 or over.
• Alcohol must be packaged separately to prevent illegal sales.
• Order details must be kept at the premises and shown on the printout despatched with the order.
• Delivery drivers must allow inspection of alcohol or order details by police or authorised officers.
• Alcohol shall only be delivered to a residential or business address, and the recipient must be clearly resident inside the building. Deliveries will not be made in public places.
• The person taking the order or making the delivery must ensure the recipient is 18. A check will be made to ensure the recipient has the card used for purchase. If the recipient appears under 25, photographic ID will be required.
• Third-party couriers must provide an age verification service or adopt a policy of checking age and ID at delivery, and must not allow minors to sign for deliveries. Records of couriers and their systems will be kept.
• A refusals book shall be maintained to record all instances of refused alcohol sales, including date, time, staff member, delivery address, reason for refusal, and description of individuals involved.

Additional Conditions Imposed by the Licensing Sub-Committee:

• There shall be no commercial collections by the public from the premises, nor deliveries by the premises licence holder to customers via commercial vehicle collection from the premises, other than the business owner's personal deliveries to the transport agent.
• Deliveries (in relation to licensable activities) to the premises shall only take place between 10:00 and 17:00 hours, Monday to Friday.

The Licensing Sub-Committee recommended that the applicant further review the strength and security of the garage doors and other measures.

The meeting was chaired by Councillor Noel Hadjimichael, with Councillor Andrew Bolton and Councillor Lesley Heap also in attendance.