Agenda item
Co-op, 104-105 Berwick Street, London, W1F 0QS
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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4. |
West End Ward/ West End Cumulative Impact Area |
Co-op 104-105 Berwick Street London W1F 0QS |
New Premises Licence |
19/03053/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 3
Thursday 13th June 2019
Membership: Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less.
Legal Adviser: Barry Panto
Committee Officer: Toby Howes
Presenting Officer: Kevin Jackaman
Relevant Representations: Metropolitan Police, Licensing Authority and 1 local resident.
Present: Richard Arnot (Solicitor, representing the Applicant Company), Rob Tindall (Applicant Company), PCAdam Deweltz (Metropolitan Police), Karyn Abbott (Licensing Authority) and Richard Brown (Solicitor, Citizens Advice Bureau, representing Charity Charity).
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Co-op, 104-105 Berwick Street, London, W1F 0QS (“The Premises”) 19/04131/LIPN
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1. |
Sale by retail of alcohol
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Off sales:
Monday to Saturday: 08:00 to 23:00 Sunday: 10:00 to 22:30
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
Richard Arnot (Solicitor, representing the Applicant Company) began by stating that the premises had previously had a licence that had been erroneously surrendered in 2017. The premises had operated as a convenience store since the 1960s and as a Co-op between 2006 and 2016. The premises was undergoing a refurbishment and would be slightly smaller in size as a result and it was anticipated that it would re-open in November 2019. The premises would operate as a typical convenience store with alcohol anticipated to contribute to around 15% of total sales. The Applicant Company operated a ‘buddy system’ where new staff were allocated a mentor to ensure that they performed to the standards expected. New staff would also be subject to a lockdown period before they had suitably demonstrated that they were fit to sell age restricted products, such as alcohol. CCTV was also to be installed on the premises both internally and externally. Richard Arnot advised that it would not be possible for alcohol to be sold beyond permitted hours as the premises’ tills would not allow this. A guard would also be present on the premises at all times the premises was open to the public. He advised that the application mirrored the hours the premises had under its previous licence, with the proposed hours for off sales of alcohol within core hours. There were also a number of proposed model conditions contained in the application. Richard Arnot added that the Applicant Company undertook a number of community activities and these were highlighted in the report.
Richard Arnot advised that discussions had taken place with the Police on proposed conditions and there had been agreement on a number of them. However, in relation to proposed condition 10 in report, he requested that the Applicant Company’s version of it be agreed as an increasing number of premium beers, lagers and ciders above 5.5% ABV were now sold in cans. He similarly requested that the Applicant Company’s version in respect of proposed condition 15 be agreed, as it was desirable for staff to be able to tidy and restock the alcohol display outside the hours of sale of alcohol. The same was also requested concerning proposed condition 28 as premium beers and ciders were more likely to be bought in quantities of one. Turning to proposed condition 31 regarding sales of alcohol on London Pride Parade Day, Richard Arnot stated that there had been agreement with the Police, save the first bullet point stating that sales of beer or cider will be limited to no more than four cans per person. Richard Arnot suggested that it be re-worded so that it be limited to no more four cans of beer or cider per transaction, as the same person may make a further purchase a few hours after their first visit and there may have been a change of staff by then, meaning the staff members would be unaware that this person had made a previous purchase and so would unwittingly be breaking this condition.
Richard Arnot stated that the developer was responsible for setting delivery times, however these were unlikely to take place before 07:00. It was proposed that deliveries from small vehicles take place via Hopkins Street, whilst deliveries from larger vehicles would take place once a day between 19:00 and 22:00 also via Hopkins Street unless there were no loading bays available, in which case the vehicles would reverse down Berwick Street. Richard Arnot acknowledged that although the premises was located in a cumulative impact area, the Applicant Company had already operated at the premises and the application was well in within core hours. In addition, a Security Industry Approved guard would also be present at the premises to assist in the licensing objectives being upheld.
The Sub-Committee enquired whether there was a dedicated loading bay for the Applicant Company and what defined a beer or cider as a premium product.
In reply, Rob Tindall (Applicant Company) informed Members that the developer would determine loading bay allocation, although it was likely that any premises within the development could use the loading bays. Richard Arnot stated that there was no definition of what determined a beer or cider as a premium product as such.
PC Adam Deweltz (Metropolitan Police) confirmed that he was upholding his representation on the application on the grounds that the premises was located within a cumulative impact area. He confirmed agreement on conditions, and on those suggested by Richard Arnot in respect of conditions 10, 15 and 28, with the Applicant Company, apart from condition 31 relating to the London Pride Parade Day. PC Adam Deweltz maintained that this condition should be worded as proposed by the Police as it would provide more control over alcohol consumption on a very busy day for the area.
Karyn Abbott (Licensing Authority) confirmed that she was maintaining her representation on the grounds that the premises was located within a cumulative impact area and there had been representations made by a resident.
Richard Brown (Solicitor, Citizens Advice Bureau, representing Charity Charity) confirmed on her behalf that she was now satisfied with the conditions proposed, including proposed condition 21 regarding restrictions on delivery times.
The Sub-Committee asked whether the Applicant Company and the Police could reach agreement on the wording of condition 31 regarding London Pride Parade Day.
In reply, Richard Arnot reiterated the Applicant Company’s preference for the first bullet point of condition 31 to specify limiting sales of cans of beer or cider to 4 cans per transaction, and in any case customers could then go to another licensed premises to purchase more alcohol.
PC Adam Deweltz acknowledged the Applicant Company’s view on this matter, however he emphasised that the condition as proposed by the Police would assist them in maintaining control of the area.
The Sub-Committee granted the application, subject to condition 31 as proposed by the Police in relation to London Pride Parade Day, stating in the first bullet point that ‘Alcohol sales in respect of cans of beer or cider are limited to no more than 4 cans per person’, be added to the licence. In deciding the wording of condition 31, the Sub-Committee accepted the Police’s view that it would assist them in maintaining control of the area on London Pride Parade Day, as the area would be even busier than usual. The Sub-Committee also noted and understood the concerns raised by the Applicant Company in respect of condition 31 but did not think that their alternative suggestion actually stated what was appropriate in the circumstances as that would seem to be allowing the same person to make multiple purchases and that was clearly not what was intended. The Sub-Committee suggested by way of an informative that the Applicant Company could place signage on the premises stating that cans of beers and ciders would be restricted to four cans per person on London Pride Parade Day in order to assist the Applicant Company to uphold this condition.
In determining the application, the Sub-Committee acknowledged that although the premises was in a cumulative impact area, it had previously had a premises licence which had erroneously been surrendered. The Sub-Committee further noted that the application mirrored the same hours for licensable activities as its previous premises licence and that the hours applied for were within core hours for a premises operating an off-licence. The Sub-Committee also considered that the conditions to be added to the premises licence would assist the Applicant Company in upholding the licensing objectives (prevention of crime and disorder, prevention of public nuisance, public safety, and protection of children from harm) and accordingly granted the application.
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Hours premises are open to the public |
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Monday to Saturday: 08:00 to 23:00 Sunday: 10:00 to 22:30
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Amendments to application advised at hearing:
None. .
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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).
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Conditions attached to the Licence
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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 shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. 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.
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.
7. 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.
8. 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.
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 (c) Any complaints received concerning crime and disorder (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. No beer, lager or cider with an ABV of 5.5% or more shall be sold at the premises, save that this prohibition shall not apply to premium beer, lager or cider.
11. All relevant staff shall be trained in relation to their responsibilities under the Licensing Act 2003
12. Training Records shall be correct and made available for inspection upon receipt of request from the Police or an authorised Officer of the Licensing Authority.
13. 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.
14. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
15. 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 customers.
16. A notices must be displayed in the premises explaining that it is an offence for persons under the age of 18 to purchase alcohol.
17. A panic alarm and system shall be installed and maintained at the premises.
18. A burglar alarm system shall be installed and maintained at the premises.
19. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
20. No miniature bottles of spirits of 20cl or below shall be sold from the premises.
21. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.
22. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority.
23. 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.
24. 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.
25. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
26. No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23:00 hours and 07:00 hours.
27. 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.
28. No single cans or bottles of beer or cider shall be sold at the premises except premium products.
29. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
30. A minimum of one SIA licensed guard shall be on duty at the premises at all times during which it is open to the public. 31. For the day of the ‘London Pride Parade’ Alcohol sales in respect of cans of beer or cider are limited to no more than 4 cans per person.
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Supporting documents:
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