Agenda item - Co-operative, Baker Street, London, NW1 5RT

Co-operative, Baker Street, London, NW1 5RT

Meeting of Licensing Sub-Committee (1), Thursday 5th July, 2018 10.00 am (Item 2.)

App

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

Regent’s Park Ward / not in cumulative impact area

Co-operative, Baker Street, London, NW1 5RT

New Premises Licence

18/03285/LIPN

Minutes:

LICENSING SUB-COMMITTEE No.1

Thursday 5^th July 2018

Membership: Councillor Angela Harvey (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

Legal Adviser: Horatio Chance

Policy Adviser: Kerry Simpson

Committee Officer: Sarah Craddock

Presenting Officer: Samantha Eaton

Relevant Representations: Environmental Health, the Metropolitan Police, Chiltern Court Resident’s Ltd, St Marylebone Society, Baker Street News and five residents.

Present: Ms Richard Arnot (Solicitor, representing the Applicant), Mr Craig Smith (Representing the Applicant Company), Mrs Sally Fabbricatore (Environmental Health), PC Brian Lewis (Metropolitan Police), Mr Richard Baker (Licensing and Planning Consultant, representing the residents), Mr Robert Wall (representing the Chiltern Court Residents Ltd and St Marylebone Society Member), Mr Roy Light, Jasvinder Randhawa, Mr McDonald (Local residents).

Co-operative, 190-192 Baker Street, NW1 5RT 18/03285/LIPN (“The Premises”)
1.	Sale by Retail of Alcohol – off sales Monday to Sunday: 06:00 to 00:00
	Amendments to application advised at hearing: The Applicant amended the application for the sale of alcohol for consumption off the premises to between 08:00 and 23:00 hours Monday to Saturday and 10:00 to 22:30 on Sundays.
	Decision (including reasons if different from those set out in report): The Sub-Committee considered an application by Co-operative Group Food Ltd for a new premises licence in respect of Co-Operative, 190-192 Baker Street, London, NW1 5RT. The Presenting Officer introduced the application to the Sub-Committee. Mr Arnot (Applicant’s Representative) advised that the Applicant had withdrawn his application for Late Night Refreshment, had amended the application for the sale of alcohol for consumption off the Premises to between 08:00 and 23:00 hours Monday to Saturday and 10:00 to 22:30 hours on Sundays and amended the opening hours to Monday to Sunday: 06:00 hours to 23:00 hours accordingly. Mr Arnot advised that the Premises would open in November 2018 and trade as a busy convenience store where it was hoped to also provide an alcohol offer. Alcohol sales would only account for approximately 15% of turnover, the Premises was not a dedicated off-licence and alcohol sales were ancillary to its function as a convenience store. The Applicant was very experienced and was aware of how to build up good relations with local residents and the Responsible Authorities. A Risk Manager was in place to help resolve any potential issues that might arise and details were provided of the extensive training staff received in alcohol sales. Other safeguards included the installation of CCTV at the Premises both internally and externally, requiring all tills to have age prompts and ensuring all beer and wine displays were located at the rear of the premises to try and prevent shoplifting. It was stated that the store would also have three personal licence holders, which meant it was unlikely that there would be a shift where one was not present in respect of alcohol sales. Mr Arnot said that the Applicant was very community minded and aimed to build up good relationships with local residents. Mr Arnot explained it was the intention for the store to be open between 06:00 hours and 23:00 hours and the application had been amended to ensure the sales of alcohol were within the City Council’s core hour’s policy. It was submitted that discussions had taken place with the Police and Environmental Health who were requesting additional conditions and the Council’s Model Conditions to be imposed on the licence. Mr Arnot brought the Sub-Committee’s attention to the conditions proposed by the Applicant. It was recognised that the wording was different to the model conditions proposed by Environmental Health, however it was considered that the Applicant’s conditions were more stringent and more appropriate for the operation of the Premises. Mr Arnot then referred the Sub-Committee to the Operating Schedule and conditions attached to pages 137 to 143 of the report and outlined the differences in the conditions proposed by the Applicant, Environmental Health and the Police. Mr Arnot addressed the residents’ concerns which had been raised. Firstly, concerns had been expressed over match days and the drinking of alcohol and to address this the Applicant had agreed to the Sporting Events Control condition being added to the licence. The Sub-Committee noted that late night refreshment had also been withdrawn from the application and the Applicant had agreed to close the Premises at 23:00 hours instead of 00:00 hours. Mr Arnot advised that a new loading bay had been agreed with Transport for London (“TfL”) and all deliveries would be in wheeled cages therefore not disturbing residents. Reassurances were also given that waste would be stored on site and then removed at the same time deliveries were made. The Sub-Committee advised that they had not been produced with documentary evidence to confirm that TfL had in fact agreed to this new loading bay. Mrs Fabbricatore, representing Environmental Health, advised that its representation was maintained due to the Model conditions not being agreed by the Applicant. It was important to ensure that suitable conditions that could be enforced and had clear interpretations were placed on the licence. The Model conditions proposed were considered clear and consistent and this was important to promote the licensing objectives. This view was endorsed by the Chairman of the Sub-Committee. PC Lewis advised that the Metropolitan Police’s representation was maintained due to the Model Conditions not being agreed by the Applicant; in particular the CCTV Model condition. The Model Conditions proposed for the application had been tested, were understandable and enforceable and could be applied appropriately to each application on its merits. It was very unusual for an Applicant not to accept the Council’s Model Conditions. In the past CCTV had not been installed correctly in premises when the CCTV model condition had not been placed on the licence. Mr Richard Baker (Licensing and Planning Consultant, representing the residents) advised the Applicant had not consulted with the Responsible Authorities or local residents and that conditions had still not been agreed with the Police and Environmental Health. Chiltern Court was located directly above the Premises and would be greatly affected by the opening of this Co-op store. Mr Baker referred to the Premises plans to show the location of the alcohol in relation to the entrance and exit of the Premises and where the deliveries would be made to the store. Mr Arnot advised that TfL had advised that a new loading bay would be created for the store’s deliveries. Mr Baker further advised that residents were concerned that the new entrance would be situated between the two entrances to Chiltern Court and about noise nuisance coming from the Premises thereby affecting residents. He suggested that this entrance stopped being used at 8pm or not be used at all and the Premises only use the entrance next to Baker Street Tube Station. Mr Robert Wall (representing Chiltern Court residents and St Marylebone Society) advised that Chiltern Court would be greatly affected by the opening of this store. The Sub-Committee were advised that there was already too many Premises selling alcohol in the area and there was already a problem with street drinkers, beggars and drunken football supporters on match days. Mr Wall advised that he could not see how this new delivery place would be created in the area and emphasised that the Applicant had not been interested in Chiltern Court residents’ concerns over alcohol being sold in the Premises. Mr McDonald (House Manager of Chiltern Court) and Mrs Randhawa (local resident) gave the Sub-Committee details of the issues caused by excessive drinking in the area: such as people urinating and having sex in the street. These problems increased on match days and therefore they requested that the Co-op should stop selling alcohol three hours before the commencement of the relevant designated sporting event. In response to questions regarding the creating of the loading bay, the Sub-Committee heard that the red box used by Chiltern Court Residents was going to be moved under the ‘Two-Way’ Scheme Agreement and that the proposal for the new loading bay had not yet been given permission by Westminster City Council. Mr Baker discussed the Council’s Policy PN1 which was about the location of off-Licenses not located in a Cumulative Impact Area but were surrounded by local residents. Mr Baker advised that a Risk Assessment should be carried out regarding the number of cages that needed to be delivered to stock the store per week. Mr Arnot advised that there would be between 50-70 cages per week and that a Risk Assessment had been carried out but that it was not relevant to these proceedings and the four licensing objectives. Mr Baker advised that he did not agree with this. The Chairman asked what time the residents would prefer the deliveries and waste to be taken away and Mr Barker stated between 7pm and 10pm. He then referred to the conditions at the back of the report and suggested that the Applicant went through their suggested conditions in some fine detail. In response to Mr Arnot’s suggestion that the Model Conditions were replaced by the Applicant’s own, the Chairman advised that as the City of Westminster was the largest Licensing Authority in the country it had developed over many years of good practice Model Conditions that worked well in terms of enforcement and promoted the Licensing objectives. Moreover, the model conditions referred to have been tested through the courts and have stood up to close scrutiny under the appeals regime The Sub-Committee further advised that the residents’ concerns relating to deliveries to the front of the Premises needed addressing primarily by the City Council in its position as the Local Planning Authority. The Sub-Committee carefully considered the application and all the evidence presented before it. It was noted that the Premises was not located in a CIA but that there was strong sense of residential concern over the number of premises selling alcohol and the public nuisance that excessive alcohol consumption brings to an area. The Sub-Committee did note however that only a maximum of 15% of the sales area at the Premises would be used for alcohol sales and therefore alcohol would only represent a small portion of the deliveries taking place. As such, it was a decision of the planning authority and not the Sub-Committee to determine the overall delivery arrangements for the Premises and the front entrance of the building. It was expected that the planning authority would require the submission of a detailed operational management plan from the applicant regarding deliveries to the Premises and detailed plans regarding the front entrance of the Premises. Therefore, having heard all the evidence the Sub-Committee agreed to grant the application subject to amendments to the conditions. The Sub-Committee in its determination of the matter considered that the Council’s Model Conditions were tested, were understandable and enforceable and should be attached to the licence and not the Applicant’s proposed conditions. The Sub-Committee further considered that the extensive conditions attached to the licence were appropriate and proportionate in the circumstances and would ensure the Premises did not create public nuisance and would ensure that the licensing objectives were promoted. The Sub-Committee has a duty to consider the application on its individual merits. It felt that the restrictions in place and the reduction in the hours requested for the sale of alcohol would also safeguard the local area and give comfort to residents that the appropriate safeguards had been put in place to alleviate the concerns raised in relation to crime and disorder and public nuisance. Having heard all the evidence the Sub-Committee was satisfied that the application would promote the licensing objectives. As such the Sub-Committee agreed to grant the application accordingly.
2.	Late Night Refreshment Monday to Sunday 23:00 to 00:00
	Amendments to application advised at hearing: The applicant withdrawn their request for Late Night Refreshment at the Licensing Sub-Committee hearing.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed in section 1.
3.	Opening Hours of the premises Monday to Sunday: 06:00 to 00:00
	Amendments to application advised at hearing: The Applicant amended the application to Monday to Sunday: 06:00 to 23:00.
	Decision (including reasons if different from those set out in report): The application was granted, the reason for the decision is detailed 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.

(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;

(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.

(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.

(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.

6. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All till points and all entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

7. There shall be CTTV in Operation signs prominently displayed at the premises.

8. The premises shall operate a proof of age scheme, such as a Challenge 25, whereby the only forms acceptable identification shall be either a photographic driving licence, a valid passport, military identification or any other recognised form of photographic identification incorporating the PASS Logo, or any other form of identification from tie to time approved by the secretary of the state.

9. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service.

10. The premises will be fitted with a burglar alarm system.

11. The premises will be fitted with a panic button system for staff to utilise in the case of an emergency.

12. The premises licence holder shall ensure that the appropriate fire safety, and health and safety regulations are applied at the premises.

13. A complain procedure will be maintained, details of which will be made available in store and upon request.

14. The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.

15. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

16. A refusals register (whether kept and written or electronic form) will be maintained at the premises and will be made available for inspection upon request by an authorised Officer of the Police or Local Authority.

17. 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 is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

18. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

19. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

20. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles

21. No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.

22. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

23. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

24. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

25. All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

26. Prior to any "designated sporting event" (as defined in the Sporting Events Control of Alcohol Act 1985) the premises licence holder shall ensure that;

(i) Alcohol sales in respect of cans of beer or cider are limited to no more than 4 cans per person for a minimum of four hours before the commencement of the relevant designated sporting event;

(ii) No sales of alcohol in bottles or glass containers are made in the period four hours before the commencement of the designated sporting event;

(iii) Alcohol sales cease for a period of three hours immediately before the commencement of the relevant designated sporting event;

(iv) On any day where there is a relevant designated sporting event taking place, the premises will not externally advertise as a result of a local store promotion the availability of beer or cider in such a way as to be likely to be the sole inducement to attract persons to the premises who are either attending the designated sporting event or in the vicinity of the premises as a result of the designated sporting event;

(v) All members of staff working at the premises are informed of this condition prior to taking up employment;

(vi) On the day of the relevant designated sporting event, upon the direction of a police officer, using the grounds of the prevention of crime and disorder or public safety, the premises will immediately cease to sell alcohol until further directed by the police or until the relevant designated sporting event has finished.

27. As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.

28. A challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

29. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

30. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

31. Deliveries to and the removal of waste from the premises shall only take place between 19:00 and 22:00 Monday to Sunday

32. During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

33. The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

34. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

Supporting documents:

Co-Operative, Baker Street - Report for Publication, item 2. PDF 22 MB