Agenda item

Co-Operative, 4 Merchant Square, W2

App

No

Ward/ Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

Hyde Park Ward / not in cumulative impact area

Co-Operative, 4 Merchant Square, W2

New Premises Licence

17/08350/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 1

Thursday 2nd November 2017

 

Membership:              Councillor Angela Harvey (Chairman), Councillor Julia Alexander and Councillor Shamim Talukder

 

Legal Adviser:             Barry Panto

Policy Adviser:            Chris Wroe

Committee Officer:     Jonathan Deacon

Presenting Officer:     Daisy Gadd

 

Relevant Representations:         1 Ward Councillor.

 

Present:  Mr Richard Arnot (Licensing Agent, Representing the Applicant)

 

Co-Operative, 4 Merchant Square, W2

17/08350/LIPN

 

1.

Sale by retail of alcohol

 

 

Monday to Saturday 08:00 to 23:00

Sunday 10:00 to 22:30

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

 

This was an application by a convenience store to sell groceries, sundry items and alcohol for consumption off the premises. The Sub-Committee granted the application, subject to conditions as set out below.

 

Prior to the hearing the Applicant had agreed proposed conditions with Environmental Health, South East Bayswater Residents’ Association and Paddington Waterways and Maida Vale Society.  They had all subsequently withdrawn their representations as the Applicant had addressed their concerns.

 

Following the withdrawal of the representations, Councillor Floru’s representation, submitted in his capacity as a ward councillor, was the sole remaining one.  The Sub-Committee considered that the Applicant had addressed the concerns set out in his written representation including amending the proposed hours for off-sales to Core Hours.  The Applicant had also agreed to ensure that there were no sales of super strength beer or cider above 5.5% or miniatures of alcohol.  There would also be no self-service of spirits.  A Challenge 25 scheme would be in operation at all times.

 

The Sub-Committee was satisfied that the application, with the proposed conditions attached to the premises licence, would promote the licensing objectives.

 

2.

Hours premises are open to the public

 

 

Monday to Sunday 07:00 to 23:00

 

 

 

Amendments to application advised at hearing:

 

 

None.

 

 

 

Decision (including reasons if different from those set out in report):

 

 

Granted, subject to conditions as set out below (see reasons for decision in Section 1).

 

 

 

 

 

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.       (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.

 

5(i)       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.

 

5(ii)      For the purposes of the condition set out in paragraph 5(i) above -

 

(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.

 

5(iii).    Where the permitted price given by Paragraph 5(ii)(b) above 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.

 

5(iv).   (1)        Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(ii)(b) above 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.

 

Additional Conditions

 

6.         The premises licence holder shall install and maintain a CCTV system at the premises giving coverage of all entry points and areas to which customers have access in any lighting conditions.

 

7.         Such CCTV system shall continuously record whilst the premises are open for licensable activities and shall be capable of providing frontal identification of customers.

 

8.         All CCTV recordings shall be retained for a minimum of 31 days and shall be date and time stamped.

 

9.         CCTV recordings should be made immediately available for inspection upon receipt of a request by the Police and Authorised Officer of the Licensing Authority.

 

10.       A member of staff shall always be present on the premises whilst they are open who is capable of operating the CCTV system and able to facilitate immediate viewing of CCTV footage upon the request of the Police and Authorised Officer of the Licensing Authority.

 

11.       A Proof of Age Scheme, such as Challenge 25, shall be operated at the premises whereby the only acceptable forms of identification area a valid passport, UK driving licence, any form of identification containing the PASS hologram, military identification or any other form of identification time to time approved by the Secretary of State.

 

12.       An Incident Record, whether kept in written or electronic form, shall be maintained at the premises and made available on request to the Police or an Authorised Officer of the Licensing Authority. The Incident Record shall record any complaints received in connection with the licensable activity at the premises, any faults with the CCTV system, any refusal to sell alcohol at the premises, and any visit to the premises by a responsible authority in connection with the licensable activity permitted at the premises.

 

13.       All relevant staff shall be trained in relation to their responsibilities under the Licensing Act 2003.

 

14.       Training Records shall be kept and made available for inspection upon receipt of request from the Police or an Authorised Officer of the Licensing Authority.

 

15.       A notice must be displayed in the premises explaining that it is an offence for persons under the age of 18 to purchase alcohol.

 

16.       A panic alarm and system shall be installed and maintained at the premises.

 

17.       A burglar alarm system shall be installed and maintained at the premises.

 

18.       An electronic till prompt system shall be installed and maintained at the premises.

 

19.       During the hours that the premises is open but not authorised to sell alcohol, all alcohol within the trading area shall be secured behind locked screens that customers do not have access to it.

 

20.       No more than 15% of the trading area shall at any one time be given over to the display of alcohol.

 

21.       Notices shall be displayed in the premises confirming that the hours during which alcohol may be sold.

 

22.       There shall be no self-service of spirits, save for mixed spirits with an ABV of 5.5% of less.

 

23.       No spirit measures of less than 20cl shall be sold at the premises save that this prohibition shall not apply to mixed spirits, being spirits mixed with a non-alcoholic beverage.

 

24.       Notices shall be displayed at the exit to the premises requesting that customers should leave quietly.

 

25.       No beer, lager or cider of 5.5% ABV or above shall be sold at the premises save that this prohibition shall not apply to premium products such as craft and microbrewery products, or products produced to commemorate a specific event or similar.

 

26.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a public nuisance.

 

27.       No deliveries to the premises shall take place between 23:00 and 07:00 on the following day save that this restriction does not apply to newspapers and magazines or dairy or bakery products.

 

28.       No licensable activity shall be permitted at the premises until the premises have been inspected by the Environmental Health Consultation Team (EHCT) and they have confirmed that policies and procedures are in place which enables the Premises Licence Holder to fulfil the conditions attached to this licence.

 

29.       The inspection of the premises shall be concluded within 3 working days of EHCT being notified by the Premises Licence Holder that the premises is about to open.

 

30.       EHCT shall notify the Premises Licence Holder that they are so satisfied, or what steps need to be taken to rectify any inadequacies, within 24 hours of the inspection taking place.

 

31.       If EHCT do not fulfil the requirements of conditions 29 and 30 then the Premises Licence Holder may, in any event, conduct licensable activities.

 

 

Supporting documents: