The Licensing Sub-Committee of Ealing Council convened to consider a new premises licence application. The meeting was scheduled to cover apologies for absence, declarations of interest, and a determination on whether any items should be considered in private. The main item for consideration was the application for a new premises licence for Jaybani Stores, Southall.

New Premises Licence - Jaybani Stores, 59A Western Road, Southall

The sub-committee was scheduled to review an application made by Mr Ajmeet Singh for a new premises licence for Jaybani Stores, located at 59A Western Road, Southall, UB2 5HE. The application seeks permission for the retail sale of alcohol (off-supplies) from 08:00 to 23:00, Monday to Saturday, and 11:00 to 23:00 on Sundays. The proposed opening hours for the premises are 08:00 to 23:00, Monday to Sunday.

The report pack noted that the premises is located within a Special Policy Area (SPA) as defined in the council's Statement of Licensing Policy.

The sub-committee was asked to consider the application, including the operating schedule, any representations received, and the Statement of Licensing Policy, with a view to:

• Granting the application in full.
• Granting the application subject to conditions consistent with the operating schedule.
• Granting the application subject to revised conditions consistent with modifications to the operating schedule as necessary to promote the licensing objectives.
• Rejecting the application in part or in full.

Representations Received

The council received two representations regarding the application. One was from the Metropolitan Police Service (MPS) Ealing Licensing team, and the other from the Ealing Council Licensing Enforcement and Compliance team.

The MPS Ealing Licensing team's representation concerned the prevention of crime and disorder, public safety, and the prevention of public nuisance. According to the representation from Police Constable Anu Mittu, the police objected to the application because the area is well known for street drinkers and is already saturated with convenience stores selling alcohol. PC Anu Mittu stated that granting a licence in a SPA must be done in 'genuinely exceptional' circumstances, and that the police saw nothing exceptional in this application. PC Anu Mittu also stated a belief that the applicant had not demonstrated how the business would not add to the existing issues in the SPA, and that the opening of another off licence in the area would increase anti-social behaviour.

The Licensing Enforcement and Compliance team's representation related to the prevention of crime and disorder and the prevention of public nuisance. According to the representation from Robert Dear, Licensing Compliance & Enforcement Officer, the area already suffers from alcohol related problems with a high density of street drinkers and reports of antisocial behaviour. Robert Dear stated that the area was identified in the current licensing policy as having the largest number of off licences per sq km in the borough, and that joint visits indicated that it has the worst compliance in the borough. Robert Dear recommended that the application be refused in full, as he did not believe that there were any conditions that would allay his concerns and would only have a further negative impact on the area.

Licensing Policy Considerations

The report pack drew attention to the council's Statement of Licensing Policy, which sets out proposed standards of management and controls to promote each of the licensing objectives¹. It noted that the Licensing Authority cannot impose blanket conditions, but the committee can be guided by examples of management conditions.

The report pack stated that conditions must only be imposed where appropriate to promote one or more of the four licensing objectives and should be derived from relevant representations made regarding the application. The conditions will focus on matters within the control of individual licensees, primarily the direct impact of activities at the licensed premises on members of the public living, working, or engaged in normal activities in the area.

The council's Licensing Policy sets out policies that apply to different types of licensed premises, including matters to be considered for pubs, bars, night clubs, late-night hot food takeaways, premises licensed for off-sales of alcohol, and restaurants and cafes licensed to sell alcohol for consumption on the premises.

Legal and Human Rights Implications

The sub-committee was reminded to consider the Human Rights Act 1998, specifically Article 6 (the right to a fair trial), Article 8 (the right to respect for private and family life), and Article 1 of the First Protocol (the protection of property). The report pack stated that any decision interfering with the rights of the applicant or others should only do so insofar as necessary to protect the rights of others, and that no alternative decision would be more appropriate.