Greenwich Council

Agenda item.

Cobalt Unit 9, 35 White Hart Avenue, Thamesmead, London SE23 0GU

Application for a premises licence

Decision:

In reaching its decision, the Sub-Committee considered and had due regard to the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the statutory Guidance issued under S.182 of that Licencing Act 2003. 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 of the evidence put before it, the Sub-Committee resolved to grant a new Premises Licence for the internal area of the premises only in respect of Cobalt Unit 9, 35 White Hart Avenue, Thamesmead, London SE23 0GU.

 

The Sub-Committee excluded the external area of the premises, as applied for, for the supply and consumption of alcohol, from the premises licence.

 

Hours for licensable activities: -

 

Supply of alcohol, for consumption on and off the premises, shall be

 

Monday – Sunday

9am – 11pm

 

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

 

1.       CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standard.

 

2.       All CCTV recordings shall be maintained for a minimum of thirty-one (31) 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 service area.

 

3.       The CCTV system shall continuously record whilst the premises is open for licensable activity and during all times when customers remain on the premises.

 

4.       Notices shall be displayed advising that CCTV is in operation.

 

5.       Staff shall be fully trained in the operation of the CCTV system and there shall be at least one (1) 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 48 hours.

 

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 date & time 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 on demand.

 

7.       There shall be no open vessels of alcohol permitted beyond the licensed boundary/ambit of the premises.

 

8.       There shall be no daily deliveries or waste/recycling collections between 23:00 hours and 07:00 hours.

 

9.       Notices shall be displayed to remind persons leaving the premises to do so in a quiet and orderly manner.

 

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

 

11.     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; understanding acceptable forms of ID; and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every twelve (12) months. The training log shall be made available for inspection by Police and authorised officers of the local authority on demand.

 

12.     A refusals register shall be kept at the premises and made immediately available on request to the Police and authorised officers of the local authority. The register is to be inspected on a monthly basis by the Designated Premises Supervisor and noted in the register, and a record made of any actions that appear to be needed to protect young people from harm. The register 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 & time of the refusal;

c)    The type of alcohol requested and the reason for refusal;

d)   A description of the person refused alcohol.

 

13.     The following posters shall be displayed conspicuously on the premises in customer-facing areas:

a)    “Think 25” (or similar) – to advise potential purchasers that

suitable proof of age identification shall be required for all

who appear to be under 25 years old.

b)   “It’s a Crime!” (or similar) – intended to warn adults not to purchase alcohol for persons under 18 years of age.

 

The Premises 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 –

Prevention of public nuisance, public safety, and prevention of crime and disorder.

 

In reaching their decision the Sub-Committee considered –

 

The written reports and submissions within the agenda, submissions received from the applicant, Nicolas Yeomans, and from Mr Barnes, solicitor for the objecting landlord of the commercial estate within which the premises are situated. The Sub-Committee also considered additional documents circulated during the meeting, with the agreement of all parties, namely a picture of the promotional event that took place with the benefit of a Temporary Event Notice, on 25th August 2018.

 

Mr Yeomans submitted that he and Taproom have been licence holders in the borough for a number of years and they are seeking a licence for the premises mainly for online sales, beer tasting, and tours and events, and just generally keeping what they are doing. There will be no events like birthday celebrations; the applicant is producing beer in the premises and has 1300 investors. There was a recent TEN event, which was successful. Purpose of the premises licence is to enable online sales and despatch by Parcelforce, normally one collection per day. For tours arranged by Taproom, these will not allow vehicles into the commercial estate and gates will be kept shut. The tours will be between these premises and other Taproom outlets.

 

Mr Barnes, for the landlord, urged the Sub-Committee to look at the actual application for the licence, it was ‘on all fours’ with a licence for a pub or a club. The proposed conditions also reflected those normally imposed upon a licence for a pub or a club. Given the location of the premises, there was no reason for members for the public to come to the premises other than if the premises licence was granted. There were concerns that the premises licence could be traded.

 

Mr Barnes further stated that the planning consent for the premises is for industrial use. The Applicant had included the external area as part of the premises, but the applicant’s lease did does not provide any such right to use the external area other than for parking. It was further submitted that there would be noise from those drinking outside when promotional events are held and cause disturbance to other operators on the estate, which was a 24-hour trading estate.

 

Mr Barnes urged the Sub-Committee to impose restrictions to limit the supply and consumption of alcohol indoors only and to limit events so that there are only 20 people attending for 20 events per year and limited in duration for 3 hours each; that would be acceptable to the objector.           

 

When asked by the Sub-Committee, Mr Yeomans confirmed he would forego the application for the external area. 

 

The Sub-Committee, in reaching its decision, took into consideration that there were no objections from responsible authorities, took into account the conditions that had been volunteered or agreed, and that there were no objections from other operators from the commercial estate.

 

The Sub-Committee also took into consideration that Mr Yeomans would be prepared to forego the application for the external area.

 

The Sub-Committee also considered the location of the premises and that the trading estate operated 24 hours.

 

The Sub-Committee considered that the conditions attached to the premises licence and limiting the premises licence to the internal area only aligned with the promotion of the licencing objectives.

 

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:                       Nicholas Yeomans

                                      Emma Yeomans

 

Making representation:   Paul Priestly (representative for the landlord)       

Mr Guy Pewter (representative for landlord)

                                      Kevin Baumer (Legal representative)

 

 

The Sub Committee considered an application by Nicholas Yeomans, from Hopstuff Brewery for the grant of a premesis licence in relation to Cobalt Unit 9, 35 White Hart Avenue, Thamesmead, London SE23 0GU.

 

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 Licensing Officer gave an illustrated introduction to the report and confirmed there were no amendments.

 

In addressing the Sub Committee, the applicant confirmed that Hopstuff Brewery had been licensed in the Borough at other premises with no objections and were proposing the same processes having outgrown their previous site. He stated the application was support their growing online sales and allow them to run tasting sessions.

 

In response to a question, the applicant confirmed the premesis would have a commercial unit producing beer and would be holding guided tasting events, . he informed the Sub-Committee of a Temporary Events Notice for an investor event which was well received and had no complaints adding the main purpose for the licence was to dispatch online beer sales.

 

In terms of vehicle movement, the applicant confirmed there would be 1 parcel pick per day for online dispatch. He stated that the guided tours would not increase traffic to development as the gates would be shut.

 

The Sub-Committee was address by the landlords legal representative who was in objection to the application. He advised the details on the application were similar to that of the pub or club and was not the same as the operation described by the applicant at the hearing. The objection was on the grounds of public safety and nuisance as the business site had industrial units which would not be safe for drinkers.

 

With the agreement of all parties, the landlords legal representative showed the Sub-Committee a picture taken at the Temporary Event Notice which showed patrons sitting outside the premises with drinks. He highlighted that the lease on the land outside only permitted parking and would want any licence to restrict use of the area for licensable activities.

 

In addressing the Sub-Committee, the landlords legal representative stated that the applicant was unwilling to discuss the application and resolve some of the concerns shared by the landlord. That online sales was not being objected to rather, the on-sale of alcohol which would bring people to the industrial units that were in use 24 hours. He suggested that Temporary Event Notices could be used to meet commercial needs.

 

In response to the points raised, the applicant highlighted that there had been no objection or noise complaints to the TEN. He added that several brewerys run successful tour operation and would not want to limit the possibility of expanding the hopstuff tours if they are successful. He confirmed he would not use the outside area for licensable activities however licensing and leases were separate issues. He continued that he already operated a number of successful bars and restaurants in the borough and would not be using the premises as a club.

 

The landlords legal representative reiterated that the application did not align with the applicants suggestions at the meeting adding that the agreements being made should be clear on the licence.

 

All parties, with the exception of the Legal Advisor and the Corporate Governance Officer, withdrew to allow the Sub-Committee to deliberate at 7.04pm. All parties returned at 7.14pm.

 

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 and had due regard to the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the statutory Guidance issued under S.182 of that Licencing Act 2003. 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 of the evidence put before it, the Sub-Committee resolved to grant a new Premises Licence for the internal area of the premises only in respect of Cobalt Unit 9, 35 White Hart Avenue, Thamesmead, London SE23 0GU.

 

The Sub-Committee excluded the external area of the premises, as applied for, for the supply and consumption of alcohol, from the premises licence.

 

Hours for licensable activities: -

 

Supply of alcohol, for consumption on and off the premises, shall be

 

Monday – Sunday

9am – 11pm

 

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

 

1.       CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standard.

 

2.       All CCTV recordings shall be maintained for a minimum of thirty-one (31) 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 service area.

 

3.       The CCTV system shall continuously record whilst the premises is open for licensable activity and during all times when customers remain on the premises.

 

4.       Notices shall be displayed advising that CCTV is in operation.

 

5.       Staff shall be fully trained in the operation of the CCTV system and there shall be at least one (1) 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 48 hours.

 

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 date & time 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 on demand.

 

7.       There shall be no open vessels of alcohol permitted beyond the licensed boundary/ambit of the premises.

 

8.       There shall be no daily deliveries or waste/recycling collections between 23:00 hours and 07:00 hours.

 

9.       Notices shall be displayed to remind persons leaving the premises to do so in a quiet and orderly manner.

 

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

 

11.     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; understanding acceptable forms of ID; and using the refusals register. Such training (including any refresher training) shall be logged and provided not less than every twelve (12) months. The training log shall be made available for inspection by Police and authorised officers of the local authority on demand.

 

12.     A refusals register shall be kept at the premises and made immediately available on request to the Police and authorised officers of the local authority. The register is to be inspected on a monthly basis by the Designated Premises Supervisor and noted in the register, and a record made of any actions that appear to be needed to protect young people from harm. The register 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 & time of the refusal;

c)    The type of alcohol requested and the reason for refusal;

d)   A description of the person refused alcohol.

 

13.     The following posters shall be displayed conspicuously on the premises in customer-facing areas:

a)    “Think 25” (or similar) – to advise potential purchasers that

suitable proof of age identification shall be required for all

who appear to be under 25 years old.

b)   “It’s a Crime!” (or similar) – intended to warn adults not to purchase alcohol for persons under 18 years of age.

 

The Premises 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 –

Prevention of public nuisance, public safety, and prevention of crime and disorder.

 

In reaching their decision the Sub-Committee considered –

 

The written reports and submissions within the agenda, submissions received from the applicant, Nicolas Yeomans, and from Mr Barnes, solicitor for the objecting landlord of the commercial estate within which the premises are situated. The Sub-Committee also considered additional documents circulated during the meeting, with the agreement of all parties, namely a picture of the promotional event that took place with the benefit of a Temporary Event Notice, on 25th August 2018.

 

Mr Yeomans submitted that he and Taproom have been licence holders in the borough for a number of years and they are seeking a licence for the premises mainly for online sales, beer tasting, and tours and events, and just generally keeping what they are doing. There will be no events like birthday celebrations; the applicant is producing beer in the premises and has 1300 investors. There was a recent TEN event, which was successful. Purpose of the premises licence is to enable online sales and despatch by Parcelforce, normally one collection per day. For tours arranged by Taproom, these will not allow vehicles into the commercial estate and gates will be kept shut. The tours will be between these premises and other Taproom outlets.

 

Mr Barnes, for the landlord, urged the Sub-Committee to look at the actual application for the licence, it was ‘on all fours’ with a licence for a pub or a club. The proposed conditions also reflected those normally imposed upon a licence for a pub or a club. Given the location of the premises, there was no reason for members for the public to come to the premises other than if the premises licence was granted. There were concerns that the premises licence could be traded.

 

Mr Barnes further stated that the planning consent for the premises is for industrial use. The Applicant had included the external area as part of the premises, but the applicant’s lease did does not provide any such right to use the external area other than for parking. It was further submitted that there would be noise from those drinking outside when promotional events are held and cause disturbance to other operators on the estate, which was a 24-hour trading estate.

 

Mr Barnes urged the Sub-Committee to impose restrictions to limit the supply and consumption of alcohol indoors only and to limit events so that there are only 20 people attending for 20 events per year and limited in duration for 3 hours each; that would be acceptable to the objector.           

 

When asked by the Sub-Committee, Mr Yeomans confirmed he would forego the application for the external area. 

 

The Sub-Committee, in reaching its decision, took into consideration that there were no objections from responsible authorities, took into account the conditions that had been volunteered or agreed, and that there were no objections from other operators from the commercial estate.

 

The Sub-Committee also took into consideration that Mr Yeomans would be prepared to forego the application for the external area.

 

The Sub-Committee also considered the location of the premises and that the trading estate operated 24 hours.

 

The Sub-Committee considered that the conditions attached to the premises licence and limiting the premises licence to the internal area only aligned with the promotion of the licencing objectives.

 

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: