Greenwich Council

Agenda item.

The River Ale House, 131 Woolwich Road, London, SE10 0RF

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

 

River Ale House, 131 Woolwich Road, London SE10 0RJ

 

as follows:

 

That the hours for licensable activities

 

thesupply of alcohol shall be shall be

 

Monday – Sunday

12:00 – 23:00

 

Non-standard timings for the supply of alcohol shall be

 

Christmas Eve

12:00 – 01:00 the following day

New Year’s Eve

12:00 – 02:00 the following day

London Marathon Day

09:00 – 23:00

 

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

 

(1)         A CCTV recording system shall be installed both inside and outside the premises and will record at all times that licensable activities take place and whilst customers remain on the premises.

 

(2)         The CCTV system shall cover all licensable areas, including entry and exit points, and will be capable of obtaining clear facial recognition images and a clear head to waist image of every person entering or leaving the premises.

 

(3)         All CCTV recordings shall be stored for a minimum period of 31 days with correct date/time stamping. Recordings shall be made available within 3 days of the request of police or authorised person (as defined by section13 of the Licensing Act 2003).

 

(4)         The CCTV system shall display on any recording the correct time and date of the recording.

 

(5)         A CCTV log shall be kept at the premises and be made immediately available on request to the police or an "authorised person" (as defined by Section 13 Licensing Act 2003). This log will record the date and time of any faults in the CCTV system, what action was taken and when the fault was rectified.

 

(6)         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.

 

(7)         The “Challenge 25” proof of age scheme shall be implemented at the premises. All customers who appear to be under the age of 25 years will be challenged to prove they are over 18 when attempting to purchase alcohol. Acceptable forms of ID shall be a photographic driving licence, a passport, or a Home Office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification no sale or supply of alcohol will be made to or for that person.

 

(8)         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) will be logged and provided not less than every three months. The training log will be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

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

 

·        “Think 25” to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25.

·        “It’s a Crime” intended to warn adults not to buy alcohol for those under 18 years of age.

 

(10)      An incident log shall be kept at the premises and made available, on request, to an authorised officer of the Council or the Police, and will record the following:

a)    all crime reported to the venue;

b)   all ejections / barrings of patrons;

c)    any incidents of disorder;

d)   all seizures of drugs or offensive weapons;

e)   any faults in the CCTV system;

f)     any visit by a relevant authority or emergency service.

 

(11)      There shall be no price or other promotions used to encourage greater alcohol consumption.

 

(12)      A cigarette butt container shall be affixed to the exterior side wall of the premises on Woolwich Road and emptied daily.

 

(13)      The premises shall operate a “zero tolerance” policy to illegal drugs. Any instances of patrons found to be using or in possession of illegal drugs will be reported to the Police. Any patron found using or in possession of illegal drugs will be permanently barred from the premises.

 

(14)      The premises shall be adequately soundproofed so as to ensure that any noise emanating from within, will not cause nuisance to neighbouring properties and sound absorption panels will be attached to the ceiling and walls to deaden such noise.

 

(15)      The area around the premises shall be kept clean and tidy.

 

(16)      Deliveries shall only be made during 09:00-18:00 hours

 

(17)      There shall be no gaming machines on the premises

 

(18)      Accompanied children under the age of 16 shall only be allowed on the premises until 19:00 hours each day and accompanied 16 and 17 year old children shall be allowed on the premises until 23:00 hours.

 

(19)      No unaccompanied children will be allowed on the premises at any time

 

The Sub-Committee also agreed the following additional conditions:

·        A litter sweep shall take place periodically and at a minimum frequency of once each day at the end of each evening to cover the pavement area from the building line to the kerb edge immediately outside the premises. The litter is to be stored in accordance with the approved refuse storage arrangements and a litter sweep log will be kept at the premises and made immediately available at the request of an authorised Officer of the Council.

·        No deliveries, recycling or changing (filling/emptying) of external bins shall take place between 18:00 hours and 08:00 each following day.

 

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 as follows:

 

1.    No supply of alcohol may be made under the Premises Licence –

(a)  At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or

(b)At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

 

2.    Every supply of alcohol under the Premises Licence must be made, or authorised by, a person who holds a Personal Licence.

 

3.    -

(1)The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)  games or other activities which require or encourage, or are designed to require or encourage, individuals to—

(i)   drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)  drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)  provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

 

4.    The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

5.    -

(1)The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2)The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a)  a holographic mark, or

(b) an ultraviolet feature.

 

6.    The responsible person must ensure that—

(a)  where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i)   beer or cider: ½ pint;

(ii)  gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii)still wine in a glass: 125 ml;

(b)these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)  where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

 

7.    -

(1) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

(2)For the purposes of the condition set out in paragraph 1 –

(a)  “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b)“permitted price” is the price found by applying the formula: P=D+(DxV); where –

(i)   P is the permitted price,

(ii)  D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii)V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(c)  “relevant person” means, in relation to premises in respect of which there is in force a premises licence –

(i)   the holder of the premises licence,

(ii)  the designated premises supervisor (if any) in respect of such a licence, or

(iii)the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d)“relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

(3)Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

(4)-

(1)Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

(2)The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

The Sub Committee’s decision was based on issues raised concerning the prevention of crime and disorder, the prevention of public nuisance and the public safety.

 

In reaching their decision the Sub-Committee considered representations from the applicant who stated that he proposed to open a family run micropub that would serve real ale/cider and promote conversation for the local community. He informed the Sub-Committee that he had commissioned a sound survey which showed that it was not a quiet spot; the condensing unit was regulated by a planning condition and would be operating at about 10db less than the night-time noise in the area. He was committed to sound proofing the premises. The applicant assured the Sub-Committee that he would ensure that the needs of the local community are respected. Posters would be placed to remind the public of leaving the premises quietly and information of the running times of transportation would also be made available. He said he was very cognisant of the licensing objectives and prepared to promote them.

 

The Sub-Committee heard from a local resident who was objecting to the application on the Prevention of Public Safety, Public Nuisance and Prevention of Crime and Disorder licensing objectives. She informed the Sub-Committee that she was grateful that the applicant had taken the time to talk to her and that agreement had been reached regarding the sound absorption panels. The local resident said that her entire flat was located above the premises and that she was not convinced that the steps offered by the applicant was adequate to address her concerns that the quiet enjoyment of her flat would continue.

 

The local resident’s concerns included the impact customers congregating outside the premises would have on her flat, whether there were adequate provisions for the collection of commercial waste, the effect of the siting of the condensing unit outside her bedroom, the impact the licensable activity would have on the drainage system, the concerns around the maximum capacity of 60 patrons compared to the size of the property and its effect on public safety.

 

The applicant asked the Sub-Committee to consider restricting the opening and delivery times and the smoking of customers at any one time. She also asked that the receptacle for smoking is sited away from the building.

 

The Sub-Committee noted that there were no objections from Responsible Authorities.

 

In considering the application, the Sub-Committee noted paragraph 3.2 of the Licensing Policy that any condition “will relate to the premises and other places being used for licensable activities and the impact of those activities in the near vicinity of the premises. In this regard, the Royal Borough of Greenwich will primarily focus on the impact, or reasonably anticipated impact, of any activities taking place at the licensed premises on those living, working or engaged in normal activity in the area concerned.

 

The Sub-Committee was also mindful of paragraph 11.3 of the Licensing Policy which states “….when issuing a licence, stricter conditions will be expected with regard to noise control in the case of premises that are situated in areas that have a greater density of residential accommodation. This will particularly apply in the circumstances where, having regard to the location, size, and nature of the licensed premises, it is likely that disturbance will be caused to residents in the vicinity of the premises by concentrations of people leaving during normal night-time sleeping periods from 23:00 hours to the following 07:00 hours”.

 

In reaching their decision, the Sub-Committee considered all the written and verbal representations. The Sub-Committee noted that the Applicant and local resident and met to discuss the way forward which was commendable.

 

The Sub-Committee was persuaded by the representations of the applicant that he was committed to promoting the licensing objectives and that the conditions offered by the applicant together with the additional conditions agreed by the Sub-Committee were robust to address the concerns that had been raised. The Sub-Committee was therefore minded to grant the premises licence for the sale and supply of alcohol for consumption of both on and off the premises. 

 

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.

 

Minutes:

In Attendance:

 

Applicant                                 Trevor Puddifoot

 

Making Representation             Karen Lynch

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented.

 

The Sub-Committee considered an application made by Trevor Puddifoot for the grant of a Premises Licence in respect of River Ale House, 131 Woolwich Road, London SE10 0RJ

 

The Licensing Team Manager gave an illustrated introduction to the report.

 

The Sub-Committee was addressed by the applicant. He explained the premises was to be a micropub and he detailed the expected clientele. He felt a micropub was appropriate for the parade of shops and he said he had received good feedback from the other businesses. In relation to the claim that the premises was situated in a quiet spot he related that he had hired an acoustic company to undertake a night time sound survey. It revealed a background sound level of on average 51db, peaking at 61db, with the company saying that the front road would be about 10 to 15 db higher. He said the nature of the premises was conducive to patrons leaving quietly, but notices would be displayed asking patrons to leave quietly, and a wall tablet would display live bus times for the buses that used Woolwich Road. A telephone contact number would be distributed to local residents so they could contact the manager if any problems ever occurred.

 

In response to questions from the Sub-Committee the applicant confirmed the premises would not be a microbrewery. He said there would be seating for 44 patrons; the maximum number of people under fire safety regulations was 60 people. They said they would sell snacks and non-alcoholic drinks. He indicated that deliveries would be in small vans not big lorries, and were expected between 10am and 3/4pm.

 

The Sub-Committee was addressed by a local resident who made representation.  She had met with the application and she was grateful that he had considered her concerns and was going to put things in places such as sound insulation; she hoped agreement could be reached about the placement of the CCTV. However, she was not convinced that there were robust measures to address all concerns. She questioned how they could fit 60 people into the premises; while not a licensing issue she raised the matter of the sewage drainage provision beneath the premises and whether the weight of the premises would affect it. She queried how commercial waste would be dealt with. She felt the 11pm closing time was out of keeping with other micropubs. She said it was a quiet residential area. She said there would be noise disturbance from the condensing ventilation unit which was beneath a bedroom window, from bottling up late at night, and from patrons smoking outside. She sought clarification on the siting of a receptacle for smokers outside the premises. She expressed concerns that if not managed there would be crime and disorder and anti-social behaviour. She requested that there be a restriction on -

·        the premises opening times

·        the number of smokers allowed outside the premises

·        the delivery and bottling up times

·        the use of the condensing unit to opening hours only

·        the strength of off-sales alcohol.

 

In response to a question from the Sub-Committee the local resident who made representation stated that Marlton Street was not affected by the other licensed premises in the area.

 

There was a discussion of the matter.

 

The local resident who made representation was concerned about the opening times, and that the ventilation unit would run through the night, and asked if the receptacle for smokers could be away from the residential premises on Marlton Street. The applicant indicated that the ventilation unit was dealt with by a planning condition, and it would be operating at about 10 db less than the background sound level at night. He noted the premises was in a busy area with fast food outlets operating past midnight. Different micropubs had different opening hours.

 

The applicant stated he was prepared to accept two additional conditions, that there be a periodic litter sweep, and, that there be a restriction on the time for deliveries, recycling or changing of external bins.

 

All parties, with the exception of the Legal Advisor and Committee Officer, withdrew to allow the Sub-Committee to deliberate at 7.12pm. All parties returned at 7.24pm.

 

The Chair informed those present of the decision of the Sub-Committee, and stated that the full details would be given in the formal decision notice.

 

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

Resolved -

to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

River Ale House, 131 Woolwich Road, London SE10 0RJ

 

as follows:

 

That the hours for licensable activities

 

the supply of alcohol shall be shall be

 

Monday – Sunday

12:00 – 23:00

 

Non-standard timings for the supply of alcohol shall be

 

Christmas Eve

12:00 – 01:00 the following day

New Year’s Eve

12:00 – 02:00 the following day

London Marathon Day

09:00 – 23:00

 

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

 

(1)         A CCTV recording system shall be installed both inside and outside the premises and will record at all times that licensable activities take place and whilst customers remain on the premises.

 

(2)         The CCTV system shall cover all licensable areas, including entry and exit points, and will be capable of obtaining clear facial recognition images and a clear head to waist image of every person entering or leaving the premises.

 

(3)         All CCTV recordings shall be stored for a minimum period of 31 days with correct date/time stamping. Recordings shall be made available within 3 days of the request of police or authorised person (as defined by section13 of the Licensing Act 2003).

 

(4)         The CCTV system shall display on any recording the correct time and date of the recording.

 

(5)         A CCTV log shall be kept at the premises and be made immediately available on request to the police or an "authorised person" (as defined by Section 13 Licensing Act 2003). This log will record the date and time of any faults in the CCTV system, what action was taken and when the fault was rectified.

 

(6)         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.

 

(7)         The “Challenge 25” proof of age scheme shall be implemented at the premises. All customers who appear to be under the age of 25 years will be challenged to prove they are over 18 when attempting to purchase alcohol. Acceptable forms of ID shall be a photographic driving licence, a passport, or a Home Office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification no sale or supply of alcohol will be made to or for that person.

 

(8)         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) will be logged and provided not less than every three months. The training log will be made available for inspection by Police and authorised officers of the Local Authority upon demand.

 

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

 

·        “Think 25” to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25.

·        “It’s a Crime” intended to warn adults not to buy alcohol for those under 18 years of age.

 

(10)      An incident log shall be kept at the premises and made available, on request, to an authorised officer of the Council or the Police, and will record the following:

a)    all crime reported to the venue;

b)   all ejections / barrings of patrons;

c)    any incidents of disorder;

d)   all seizures of drugs or offensive weapons;

e)   any faults in the CCTV system;

f)     any visit by a relevant authority or emergency service.

 

(11)      There shall be no price or other promotions used to encourage greater alcohol consumption.

 

(12)      A cigarette butt container shall be affixed to the exterior side wall of the premises on Woolwich Road and emptied daily.

 

(13)      The premises shall operate a “zero tolerance” policy to illegal drugs. Any instances of patrons found to be using or in possession of illegal drugs will be reported to the Police. Any patron found using or in possession of illegal drugs will be permanently barred from the premises.

 

(14)      The premises shall be adequately soundproofed so as to ensure that any noise emanating from within, will not cause nuisance to neighbouring properties and sound absorption panels will be attached to the ceiling and walls to deaden such noise.

 

(15)      The area around the premises shall be kept clean and tidy.

 

(16)      Deliveries shall only be made during 09:00-18:00 hours

 

(17)      There shall be no gaming machines on the premises

 

(18)      Accompanied children under the age of 16 shall only be allowed on the premises until 19:00 hours each day and accompanied 16 and 17 year old children shall be allowed on the premises until 23:00 hours.

 

(19)      No unaccompanied children will be allowed on the premises at any time

 

The Sub-Committee also agreed the following additional conditions:

·        A litter sweep shall take place periodically and at a minimum frequency of once each day at the end of each evening to cover the pavement area from the building line to the kerb edge immediately outside the premises. The litter is to be stored in accordance with the approved refuse storage arrangements and a litter sweep log will be kept at the premises and made immediately available at the request of an authorised Officer of the Council.

·        No deliveries, recycling or changing (filling/emptying) of external bins shall take place between 18:00 hours and 08:00 each following day.

 

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 as follows:

 

1.    No supply of alcohol may be made under the Premises Licence –

(a)  At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or

(b)At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

 

2.    Every supply of alcohol under the Premises Licence must be made, or authorised by, a person who holds a Personal Licence.

 

3.    -

(1)The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)  games or other activities which require or encourage, or are designed to require or encourage, individuals to—

(i)   drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)  drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)  provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

 

4.    The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

5.    -

(1)The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2)The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a)  a holographic mark, or

(b) an ultraviolet feature.

 

6.    The responsible person must ensure that—

(a)  where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i)   beer or cider: ½ pint;

(ii)  gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii)        still wine in a glass: 125 ml;

(b)these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)  where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.”

 

7.    -

(1) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

(2)For the purposes of the condition set out in paragraph 1 –

(a)  “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b)“permitted price” is the price found by applying the formula: P=D+(DxV); where –

(i)   P is the permitted price,

(ii)  D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

(iii)                V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(c)  “relevant person” means, in relation to premises in respect of which there is in force a premises licence –

(i)   the holder of the premises licence,

(ii)  the designated premises supervisor (if any) in respect of such a licence, or

(iii)                the personal licence holder who makes or authorises a supply of alcohol under such a licence;

(d)“relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

(3)Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

(4)-

(1)Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

(2)The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

The Sub Committee’s decision was based on issues raised concerning the prevention of crime and disorder, the prevention of public nuisance and the public safety.

 

In reaching their decision the Sub-Committee considered representations from the applicant who stated that he proposed to open a family run micropub that would serve real ale/cider and promote conversation for the local community. He informed the Sub-Committee that he had commissioned a sound survey which showed that it was not a quiet spot; the condensing unit was regulated by a planning condition and would be operating at about 10db less than the night-time noise in the area. He was committed to sound proofing the premises. The applicant assured the Sub-Committee that he would ensure that the needs of the local community are respected. Posters would be placed to remind the public of leaving the premises quietly and information of the running times of transportation would also be made available. He said he was very cognisant of the licensing objectives and prepared to promote them.

 

The Sub-Committee heard from a local resident who was objecting to the application on the Prevention of Public Safety, Public Nuisance and Prevention of Crime and Disorder licensing objectives. She informed the Sub-Committee that she was grateful that the applicant had taken the time to talk to her and that agreement had been reached regarding the sound absorption panels. The local resident said that her entire flat was located above the premises and that she was not convinced that the steps offered by the applicant was adequate to address her concerns that the quiet enjoyment of her flat would continue.

 

The local resident’s concerns included the impact customers congregating outside the premises would have on her flat, whether there were adequate provisions for the collection of commercial waste, the effect of the siting of the condensing unit outside her bedroom, the impact the licensable activity would have on the drainage system, the concerns around the maximum capacity of 60 patrons compared to the size of the property and its effect on public safety.

 

The applicant asked the Sub-Committee to consider restricting the opening and delivery times and the smoking of customers at any one time. She also asked that the receptacle for smoking is sited away from the building.

 

The Sub-Committee noted that there were no objections from Responsible Authorities.

 

In considering the application, the Sub-Committee noted paragraph 3.2 of the Licensing Policy that any condition “will relate to the premises and other places being used for licensable activities and the impact of those activities in the near vicinity of the premises. In this regard, the Royal Borough of Greenwich will primarily focus on the impact, or reasonably anticipated impact, of any activities taking place at the licensed premises on those living, working or engaged in normal activity in the area concerned.

 

The Sub-Committee was also mindful of paragraph 11.3 of the Licensing Policy which states “….when issuing a licence, stricter conditions will be expected with regard to noise control in the case of premises that are situated in areas that have a greater density of residential accommodation. This will particularly apply in the circumstances where, having regard to the location, size, and nature of the licensed premises, it is likely that disturbance will be caused to residents in the vicinity of the premises by concentrations of people leaving during normal night-time sleeping periods from 23:00 hours to the following 07:00 hours”.

 

In reaching their decision, the Sub-Committee considered all the written and verbal representations. The Sub-Committee noted that the Applicant and local resident and met to discuss the way forward which was commendable.

 

The Sub-Committee was persuaded by the representations of the applicant that he was committed to promoting the licensing objectives and that the conditions offered by the applicant together with the additional conditions agreed by the Sub-Committee were robust to address the concerns that had been raised. The Sub-Committee was therefore minded to grant the premises licence for the sale and supply of alcohol for consumption of both on and off the premises. 

 

The Chair announced that should the applicant or those making representations be aggrieved by the Council’s decision, they had 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.

 

 

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