Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Asda Express, 15-17 Blackheath village, London, SE3 9LH (“The Premises”).
The Premises intends to operate as a small convenience store including the sale of groceries, household items, and alcohol. The application attracted a number of representations against it. These were from individual residents and the Blackheath Society Residents’ Association which informed the Sub-Committee that it represents over 1000 local residents. These were broadly concerned with the licensing objectives of the prevention of public nuisance and the prevention of crime and disorder, although concerns were also raised in terms of public safety and the protection of children from harm.
In addition, there were a small number of representations in support of the application. These were also from local residents and addressed the licensing objectives.
The Sub-Committee heard from the applicant’s representative, Mr Richard Taylor, who set out his points in three parts.
Firstly, he addressed the Applicant itself, Asda, which he said was a well-known company operating over 1000 stores with licences, serving millions of customers each week. He told the committee that since the introduction of the Licensing Act 2003 Asda had never been subject to a licensing review, which he said was a testament to its policies and procedures.
Secondly, he said that this application was to breathe life into the former Lloyds bank by providing a small supermarket to serve the residents of Blackheath village. He said that the permissions were already in place to allow Asda to open this unit and sell groceries and household goods, and did not need further permission to do so. This application relates to around 15% of the store which would sell a limited range of alcohol so that customers who want to purchase wine or beer with their other items could do so. He highlighted that this was not an entertainment venue or a pub, or an off licence, but a convenience store with all the steps in place that one would expect from a responsible operator. Mitigations include two personal licence holders on the premises, lots of staff training, incident logs, CCTV outside the store, that no miniature bottles of alcohol will be sold, spirits will be behind the counter and the available range is specifically designed not to encourage street drinking or provide for that activity.
Finally, he addressed the Sub-Committee on the representations from residents. He said that it was notable context that there were no representations from any responsible authorities, who are the experts in the matters relating to the licensing objectives. He reminded the committee that the licence application had nothing to do with whether or not Asda could open a convenience store on the Premise. He pressed that parking issues are not to do with licensing, but that Asda did not seek to provide a ‘drive-to’ venue, and that regarding litter they were not offering takeaway food so it was difficult to see litter issues, but they offered to provide additional bins and their staff would have duties to sweep outside. He reiterated that Asda wanted to be “a benefit not a burden” to the local community.
In response to questions from Councillor Dominic Mbang, Mr Taylor submitted that matters relating to the parking and traffic were not a licensing issue where they related to the operation of a shop, and would be the case whichever retailer used that space, but that Asda was looking to cater to people arriving on foot.
Councillor Joshua Ayodele asked about mitigations appropriate regarding the objective relating to public nuisance and anti-social behaviour. Mr Taylor said on behalf of Asda that they would work with authorities if issues crop up, and this is not going to be a venue which plays music or has excessive noise. The security team would be subject to a regular risk assessment involving discussions with various stakeholders, and that the police were not concerned that this was an area with a particular issue.
The Sub-Committee heard from some of those making representations. Mr Richard Kiveal spoke on behalf of many residents who objected to the application. He said that there were many residents and young families in the immediate area on the intersection of two residential streets, which already had significant antisocial behaviour including altercations, vandalism, disruption, and urination. He said this was primarily caused by Shepherds and the Railway Pub but would be made worse by Asda being granted this application. He also cited issues with illegal parking and unloading by other businesses, exacerbated by the lack of available loading bays and double yellow lines. He said that loading trucks were left running and blocking the street for long periods and this led to access problems for those with pushchairs and wheelchairs. Finaly, issues with rubbish including littering in particular and smashed glass bottles were of great concern especially for those with young children.
Mr John Barron spoke on behalf of the Blackheath Society, which has over 1000 members. He said he had never received so many concerns about a particular issue like this. He raised a concern that there was not already appropriate planning permission in place. He cited the large number of licences in Blackheath village, and while many of them were in neighbouring Lewisham, they formed part of the same village location. He said on behalf of his members that this locality was overrepresented in terms of licenses given the many residential units above the licensed premises. He explained that deliveries outside of operating hours were a disturbance to people living nearby especially early in the morning when people are asleep, and at around 7am when they caused traffic blockages.
Alexandra told the Sub-Committee that another licence would logically lead to more debris from bottles especially on the heath where dogwalkers and children spend a lot of time, and that congestion would increase as a result of Asda and the narrowness of the streets.
Will Downey questioned why police were involved in this matter in the first place, and expressed a concern that more availability of alcohol would increase consumption and lead to disturbances.
During questions from Members, Richard Kiveal explained that there was lots of antisocial behaviour from people who leave the pub to buy cigarettes and alcohol, there are lots of fights relating to this including at the bus stop opposite, and urination and occasionally defecation which is very upsetting for local residents.
Mr Taylor added, responding to questions about loading and littering, that Asda are in touch with the Council about restoring the signage for a loading bay just outside Shepherds, and that Asda would use that location for deliveries. He reiterated that this was a planning consideration, not a licensing one, but there were no concerns raised by the planning authority, and indeed Asda have a wealth of experience in this area and a good track record.
In reaching this decision, the Sub-Committee has had regard to the s.182 Guidance, particularly paragraphs 9.42 to 9.44 and 10.8 to 10.10, and to the Royal Borough of Greenwich Licensing Policy paragraph 4.1-4.37. The Sub-Committee realises that it has a duty to consider each application on its individual merits as set out under paragraph 12.3 of the Royal Borough of Greenwich Licensing Policy, and did so for the purposes of this application.
The Sub-Committee were mindful that the only representations they can consider under the Licensing Act 2003 are those which are relevant to the licensing objectives in relation to the sale of alcohol, namely:
i. Prevention of Crime & Disorder
ii. Prevention of Public Nuisance
iii. Public Safety
iv. Protection of Children from Harm.
Further, the sub-Committee may only impose conditions on a licence which promote the licensing objectives. Although representations are made on all four licensing objectives, this application and the responses to it engage primarily the licensing objectives of the prevention of public nuisance and, to a lesser extent, the prevention of crime and disorder. The Sub-Committee had read the papers and noted the various representations made for and against, as well as the written and oral submissions of those attending.
It is important that the Premises are not located in a cumulative impact zone. Therefore, it is only if the Sub-Committee is satisfied that the licensing objectives will be undermined such that the impact cannot be mitigated, even with amendments and conditions, that the application should be refused. In considering this aspect of the decision, the Sub-Committee noted the proximity of neighbouring borough of Lewisham and the number of licensed premises which are nearby, albeit within a neighbouring authority. However, not being in a cumulative impact zone, the policies and Guidance which apply are the licensing policy and the Government Guidance, and the application must be considered on its individual merits.
The Sub-Committee were reminded that as stated in the Government Guidance under section 182 of the Act, the police should be the licensing authority’s main source of advice on crime and disorder. It is therefore notable that in this case, the police withdrew their representations about the license upon revision of the application to reduce the opening hours and supply of alcohol, such that the new hours are 07:00 to 23:00 Monday to Sunday, and no application is now made for Late Night Refreshment. The Sub-Committee also noted that Conditions had been agreed with police to ensure mitigations were in place which would support the objective of preventing crime and disorder.
The Sub-Committee felt that presence of security staff on a risk-assessed basis, in partnership with the police, as well as installed CCTV outside the Asda and other conditions, would promote rather than undermine the objective of preventing crime and disorder.
Many of the issues raised surrounding traffic, loading, littering, noise, and street drinking appeared to largely relate to problems arising from the operation of other licensed (and non-licenced) premises, in particular the Railway pub and Shepherds. Some representations referenced concerns that Asda would exacerbate issues relating to other venues. The Sub-Committee were not satisfied that this would be a likely outcome of granting this licence, because Asda intends to provide a different service for local residents and is a responsible and reputable operator which has never been the subject of a licence review in respect of any of its existing licences.
The Sub-Committee noted that the Applicant had multiple established practices and procedures in place which included extensive and regular staff training, security, and Challenge 25, and were a professional and competent licence holder. The Sub-Committee further noted the Applicant’s assurances and various undertakings that the Premises would be well run-in accordance with those established practices and procedures which were already in place at other licensed premises that are to be applied and adopted for these Premises.
The Sub-Committee concluded that these measures would help mitigate the concerns raised by those who had objected and ultimately have the effect of promoting the licensing objectives.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
The Sub-Committee took the view that the right balance has now been struck when considering the needs of those who had objected to the application, in particular by reducing the operating hours such that the licence would run parallel to other licensed premises in the area, as well as undertakings which were given by Asda as regards litter and security, and the fact that Asda intends to provide a convenience store to local residents and provides a range and mitigations which are designed not to attract street drinkers.
The Sub-Committee concluded the measures contained within the conditions would effectively mitigate the concerns raised by residents.
The Sub-Committee having carefully considered the matter and the evidence before it decided to Grant the application with the hours and licensable activities as applied for, noting that the opening hours had been amended following discussions with police, which was welcomed. The Sub-Committee considered that this was the right balance when considering the objections.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would mitigate and alleviate the residents’ concerns of the parties who had objected and were appropriate, proportionate, enforceable and would have the desired effect of promoting the licensing objectives.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a new premises licence for Asda Express, 15-17 Blackheath village, London, SE3 9LH, is GRANTED for the Supply of Alcohol (for consumption off the premises) and Opening Hours, Monday to Sunday from 07:00 hours until 23:00 hours.
The licence is subject to the following conditions:
1. A CCTV system shall be installed and maintained on the premises. Cameras shall cover the full internal areas accessible to the public and the external areas immediately in front of the store. The system shall be capable of continuously recording and copies of such recordings shall be kept for a period of no less than 31 days and handed to Police or authorised persons upon request. At least one camera shall show a close-up view of the entrance to the premises and capture a clear, full-length view of any person entering the premises. The system shall record in real time, and recording shall contain an accurate date and time stamp.
2. An incident log shall be kept at the premises, and made available on request to the police or an authorised officer. The log shall record the following:
(a) All crimes occurring / reported at the venue;
(b) Any complaints received;
(c) Any incidents of disorder;
(d) Any faults with the CCTV system;
(e) Any visit by a relevant authority or emergency service;
(f) Any refusal for the sale of alcohol;
3. All spirits shall be displayed behind the counter.
4. No miniature bottles of spirits of 20cl or below shall be sold from the premises; with the exception of any pre-packaged gift packs that may contain a spirit miniature.
5. There shall be no sale of beer, lager, or cider with an ABV above 6.5% sold at the premises; with the exception of artisan or craft beers, lagers, and ciders.
6. The premises shall have a till prompt system for alcoholic products.
7. 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. Acceptable forms of ID include a photo driving licence, passport, home office approved identity card or other forms of “proof of age” cards bearing the holographic ‘PASS’ mark, military ID or any other form of ID agreed with the Police. 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. Notices shall be prominently displayed advising customers that this policy is in force.
8. All staff shall be trained in the law about the sale of alcohol. Such training will include in particular, refusing the sale of alcohol to persons who are already intoxicated, to those that are underage, and proxy sales. Training shall also include the requirement to challenge 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 twelve months. The training log shall be made available for inspection by Police and “authorised persons” (within the meaning of the Licensing Act 2003) upon request.
9. The licence holder shall at all times maintain adequate levels of staff and security. Such staff and security levels will be disclosed, on request, to the Licensing Authority and the Police. The need for door supervisors / security staff will be assessed by way of internal risk assessments and cognisance will be taken of any police advice.
This is the Full Decision of the Licensing Sub-Committee
Publication date: 10/10/2024
Date of decision: 03/10/2024
Decided at meeting: 03/10/2024 - Licensing Sub-Committee A
Accompanying Documents: