Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
In reaching its decision, the Licensing Sub-Committee (“LSC”) considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the LSC did so with a view to promoting the licensing objectives of the prevention of crime and disorder and the protection of children from harm.
Having considered all written representations, evidence, and oral submissions, the LSC resolved to modify the current premises licence with the addition of seven conditions.
Permitted Licensable Activities:
Supply of alcohol for consumption off the premises only, Monday to Sunday.
Permitted Hours for Licensable Activities:
Monday to Saturday from 08:00 until 23:00, Sunday from 10:00 until 22:30, Christmas Day from 12:00 until 15:00 and from 19:00 until 22:30, and Good Friday from 08:00 until 22:30.
The Premises Licence shall be amended to add the following conditions:
1. The Challenge 25/Think 25 or contemporary equivalent proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 will be challenged to prove that they are over 18 when attempting to purchase alcohol or other age-restricted products. Acceptable forms of ID include a photo driving license, passport, or home office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol or other age-restricted products is unable to produce an acceptable form of identification, no sale or supply of alcohol or other age-restricted products shall be made to or for that person.
2. All staff shall be trained in the law about the sale of alcohol and other age-restricted products. Such training will 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) will be logged and provided not less than every six months. The training log shall be made available for inspection by police and “authorised persons” immediately upon request.
3. A refusals log (or equivalent) shall be kept at the premises and made immediately available on request to the police or an “authorised person”. The refusals log is to 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 or other age-restricted products and include the following: a. the identity of the member of staff who refused to sale; b. the date and time of the refusal; c. the alcohol or other age restricted products requested and the reason for refusal; and d. the description of the person refused alcohol or other age-restricted product.
4. The following posters, or contemporary equivalent shall be displayed conspicuously on the premises in customer facing areas: a. ‘Think 25’ to advise potential purchases that suitable proof of age will be required for all purchases who appear to be under 25. b. ‘It's A Crime’ intended to warn adults not to buy alcohol or other age-restricted products for those under 18 years-of-age. c. any updated and relevant posters which highlight child protection and safeguarding measures as given by Police and “authorised persons”.
5. All alcoholic drinks sold for consumption off the premises shall be clearly labelled or marked with the name of the premises or the last four digits of the Premises Licence.
6. The Licence Holder shall install and maintain a comprehensive CCTV system as approved by the Metropolitan Police. All public areas of the licenced premises, including all public entry and exit points and the street environment shall be covered enabling facial identification of every person entering in any light condition. The CCTV system shall continuously record whilst the premises is opened for licensable activities and during all times when a member of the public is on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recording shall be made available immediately upon the request of a Police Officer, Police Community Safety Officer, or authorised Local Authority Officer.
7. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public and must be able to retrieve recorded footage and show it to a police officer, Police Community Safety Officer or authorised Local Authority Officer upon request.
Basis of Decision
The Applicant was in attendance with his Son, who spoke on his behalf due to the language barrier. The Applicant presented remorse for the sale of a nicotine-based age-restricted Vape product (“a vape”) to a minor following a test purchase. He understood that this highlighted the need for stricter licensing conditions regarding sales of alcohol and age-restricted products to avoid sales to minors. The Applicant explained that all of the obligations under the proposed additional license conditions had already been implemented 3 at the premises, including CCTV and an ID prompt on the till for alcohol and tobacco products.
The Applicant requested that proposed licensing condition 5 be removed. The Applicant explained that alcoholic drinks for consumption are already marked and expressed that the additional requirement under the proposed condition was tedious and would place substantial onus on the staff to implement. The LSC questioned how many minors’ shop at the premises. The Applicant stated that most customers were adults and therefore most items at the premises were marketed towards adults, with few products being marketed towards minors. The LSC explained that proposed licensing condition 5 was included as The Royal Borough of Greenwich wants to ensure all shops in the borough are as responsible as possible with the sale of alcohol and age-restricted goods. The Applicant accepted the LSC’s submissions and accepted all seven additional licence conditions.
In their decision the LSC expressed concern regarding the sale of a vape to a minor during a test purchase, as well as concern for the growing cases of minors using and obtaining vapes. The LSC were satisfied that the proposed additional license conditions would help to prevent sales of alcohol to minors but noted the proposed license conditions would not help prevent sales of vapes to minors. The LSC requested that the wording of the proposed additional license conditions be amended to include age-restricted products, such as nicotine-based vapes.
The LSC also placed emphasis on the need for proposed licencing condition 2 to ensure adequate and regular training for all staff regarding sales of alcohol and other age-restricted products such as nicotine-based vapes. The LSC expressed the importance of correct training to avoid further sales of age-restricted products to minors. The LSC requested proposed condition 2 be amended to require the license holder to provide evidence of staff training on the sales alcohol and other age-restricted products every six-months.
The revised licence subject to the proportionate conditions attached to the license will promote the licensing objectives.
Any party aggrieved by this decision may appeal to the magistrates’ court within 21 days.
Publication date: 02/10/2024
Date of decision: 25/09/2024
Decided at meeting: 25/09/2024 - Licensing Review Sub-Committee
Accompanying Documents: