Greenwich Council

Agenda item

Aces One Stop, 148-150 Felixstowe Road, Abbey Wood, London SE2 9RN

Application for a premises licence

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Aces One Stop, 148-150 Felixstowe Road, London SE2 9RN

 

as follows:

 

That the hours for licensable activities

 

the supply of alcohol shall be

 

Monday – Sunday

08:00 hours – 23:00 hours

 

the hours that the premises shall be open to the public shall be:

 

Monday - Sunday

06:00 hours – 23:00 hours

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set as follows:

 

1)  A CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standard of every person who enters the premises.

 

2)  All CCTV recordings shall be maintained for a minimum of thirty-one (31) days with days with date & time-stamping. Cameras shall be installed so as to cover both internal and external areas of the premises. At least one camera shall cover ingress/egress points and at least one other camera shall cover the alcohol display area.

 

3) Notices shall be displayed advising that CCTV is in operation.

 

4) Staff shall be fully trained in the operation of the CCTV system and there shall be at least one member of staff on duty during trading hours who is able to provide copies of CCTV recordings to the Police and authorised officers of the Local Authority. Such copies shall, in any event, be provided within three (3) days.  

 

5) When CCTV is not operating, no supply of alcohol shall be made on the premises. If a fault develops with the CCTV system, the duration and nature shall be recorded in a log to be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

6) All staff shall be instructed to record in an incident book/register all incidents of crime and disorder occurring at the premises, and details of any occasion when the police are called. These records shall include the time and date of any incident and the identities of staff members involved. The incident book/register shall be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

7) The premises licence holder shall participate in the Alcohol reducing the strength scheme therefore no beer, lager or cider above 6.5% ABV shall be sold from the premises, apart from select premium products agreed in advance with the police.

 

8) Staff shall not purchase any alcohol goods from door-to-door sellers. Incidents of door-to-door sellers approaching the business shall be noted in the incident book, including any details of vehicles and persons involved, and shall be reported to the Police and RBG Trading Standards.

 

9) The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 shall be challenged to prove that they are over 18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or home office approved identity card baring the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person.

 

10) All staff shall be trained in the law about the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusal register. Such training (including any refresher training) shall be logged and provided not less than every six (6) months. The training log shall be made available for inspection by Police and authorised persons.

 

11) A refusals log must be kept at the premises and made immediately available on request to the police or an authorised person. The refusals log shall be inspected on a monthly basis by the DPS and noted in the log, and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

a) the identity of the member of staff who refused the sale;

b) the date and time of the refusal;

c) the alcohol requested and reason for refusal;

d) a description of the person refused alcohol.

 

12)The following posters shall be displayed conspicuously on the premises in customer facing areas:

a) “Think 25” or similar poster to advise potential purchasers that suitable proof of age shall be required for all purchasers who appear to be under 25.

b) “It’s A Crime!” or similar poster intended to warn adults not to buy alcohol for those under 18 years of age.

 

13) Notices shall be prominently displayed at all exits requesting the public to respect the needs of local residents, and to leave the premises and the area quietly.

 

14) The area immediately outside the premises shall be monitored to ensure that any litter generated by the premises and/or its customers is regularly cleared.  

 

15) The premises licence holder shall take all reasonable steps to ensure that any persons loitering outside the premises disperse quickly and do not congregate.  

 

16) A contact phone number for the premises shall be provided to neighbours to enable them to report any incidents connected to the premises.

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

The Sub Committee’s decision was based on issues raised concerning the prevention of public nuisance, prevention of crime and disorder, public safety and protection of children from harm licensing objectives

 

In reaching their decision the Sub-Committee considered the representations made by the applicants’ representative. The applicants’ representative informed the Sub-Committee that the applicants were husband and wife that had grown up in Abbey Wood and were experienced and responsible operators. The applicants owned six other convenience stores in other areas including Dartford and other venues in Kent which had street drinking issues that they had professionally dealt with.

 

The Sub-Committee was referred to a summary document that had been prepared by the applicant’s representative in which a revised premises application was set out along with agreed conditions with the Police and Public Health. An operational policy was also attached to the summary document which was prepared at the request of Councillor Ann-Marie Cousins. The operational policy outlined steps that would be taken to ensure that conditions are complied with. It was also brought to the attention of the Sub-Committee that Ms Noshaba Sainsbury (the only residential objector living above the premises) had agreed the grant of the revised premises licence application. The applicant’s representative informed the Sub-Committee that despite paragraph 10.15 of the Guidance which states that ‘shops, stores and supermarkets should normally be free to provide sales of alcohol for consumption off the premises at any times when the retail outlet is open for shopping unless there are good reasons…’, the applicant had agreed that the commencement time for the sale of alcohol should be from 08:00 hours instead of 06:00 hours.

 

The Sub-Committee heard from Councillor Clive Mardner attending on behalf of Cllr Cousins who was objecting against the grant of the new premises licence based on the licensing objectives of the prevention of public nuisance, protection of children from harm and prevention of crime and disorder. Cllr Mardner referred to Cllr Cousins written representation and stated that she still opposed the opening hours of the premises commencing at 08:00 hours. She also had concerns that the details of a contact for the premises had not been given in the operational policy should an incident occur regarding the operation of the premises. It was clarified that the DPS was the named person to contact and the details were at till points on the premises.

 

The Sub-Committee noted that licensing conditions had been agreed between the applicants, the Police and Public Health and that the only local resident living above the premises no longer objected to the revised application. The Sub-Committee placed significant weight on the fact that the Responsible Authorities and sole resident no longer had concerns.

 

In considering the outstanding representation of Cllr Cousins, the Sub-Committee noted paragraph 9.43 of the Guidance which states “[t]he authority’s determination should be evidence-based, justified as being appropriate for the promotion of the licensing objectives and proportionate to what it is intended to achieve.” The Sub-Committee could make no finding that an 08:00 hour start for the sale of alcohol would undermine the licensing objectives by increasing the risk of street drinking and proxy sales to children and in any event noted that the concerns had been addressed in the agreed conditions.                                                  

 

The Sub-Committee was mindful of paragraphs 2.1 which states that “Licensing authorities should look to the Police as a main source of advice on crime and disorder” and paragraph 10.15 of the Guidance and determined to grant the premises licence. The Sub-Committee was satisfied that the agreed conditions were appropriate and reasonable to promote all the licensing objectives and address the concerns raised.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates Court.  Such an appeal must be submitted to the Magistrates Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

 

 

 

Supporting documents: