Agenda item

Ward CIA*	Site Name & Address	Application Type	Licensing Reference No.
Harrow Road	Star Sports 357 Harrow Road London W9 3NA	20/08158/LIGN – New Gambling Premises Licence	20/08158/LIGN
*Cumulative Impact Area

 

WCC LICENSING SUB-COMMITTEE NO. 1

 

Thursday 14^th January 2021

 

Membership:           Councillor Heather Acton (Chair), Councillor Susie Burbridge and Councillor Aziz Toki

 

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a New Premises Licence 20/08158/LIGN

Full Decision

 

Premises

 

Star Sports

357 Harrow Road

London

W9 3NA

 

 

Applicant

 

Star Sports (On Course) Ltd

Represented by Philip Kolvin QC

Russell Candler (Managing Director of Applicant Company)

Matthew Davies (Head of Retail for Applicant Company)

Joe Monaghan (Trainee Legal Advisor of the Applicant Company)

Adrian Studd (Independent Licensing Consultant)

Nick Arron (Partner at Poppleston Allen Solicitors)

Felix Faulkner (Trainee Solicitor at Poppleston Allen Solicitors)

 

 

Cumulative Impact Area?

 

Not in a Cumulative Impact Area

 

 

Ward

 

Harrow Road

 

 

 

 

Summary of Application

 

The Premises intended to operate as a Betting Shop. The Premises are located in

Harrow Road Ward and are not within the Cumulative Impact Area.

 

 

Proposed Activities and Hours

 

Hours premises are open to the public

 

Monday to Saturday 08.00 to 22.00

Sunday 08.30 to 22.00

 

 

Representations Received

 

·       Metropolitan Police (PC Bryan Lewis) – Now Withdrawn

·       Licensing Authority (Kevin Jackaman)

·       Six local residents objecting to the application

·       Councillors Ruth Bush, Guthrie McKie and Tim Roca (Harrow Road Ward Councillors objecting to the application)

 

 

Summary of issues raised by objectors

 

·       The application would not benefit the local area and had the potential to increase anti-social behaviour and crime in the locality.

 

·       The area had a high proportion of vulnerable families or individuals living within it and these would be put at increased levels of risk through the opening of an additional betting shop in the location.

 

·       Given the close proximity of the premises to schools and faith groups the application was within a very sensitive location.

 

 

Policy Position

 

The various policy points had to be considered, namely OBJ1, OBJ2, OBJ3, BET1 and LOC1.

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application subject to amended conditions.

 

Mr Kolvin, representing the applicant, advised the Sub-Committee that his clients were licensed by the Gambling Commission, were experienced and competent operators who were considered senior figures within the industry and that the Premises had operated as a licensed betting venue since 1981. The Sub-Committee was advised that two other betting establishments in the local area had no betting conditions on their licences which was the opposite of what this application proposed which would contain 37 stringent conditions. This would afford greater protections and make it a low risk application.

 

Mr Kolvin acknowledged that in 2015 the Premises had been subject to a review when it operated under William Hill. Following the review, a set of conditions were imposed on the Premises resulting in no enforcement action being taken against the establishment during the following four year period until William Hill vacated the Premises. Concerns had been raised that if the application was granted the same problems would emerge, but the applicant had offered a detailed set of conditions to ensure this would not be the case. Important factors to consider included:

 

·       Conditions proposed to prevent street drinking were considered sufficient to address Police concerns resulting in the withdrawal of their representation.

·       William Hill had shown that issues could be resolved through good management.

·       Improved physical measures would be implemented including the relocation of the staff counter and CCTV installed outside the Premises.

·       The Premises would be double staffed allowing one member of staff to supervise customers on the shop floor.

·       Conditions preventing issues arising outside the Premises would be imposed, which went beyond what other operators in the locality currently had.

·       The Head of Retail for the applicant company would be present on the Premises for the first four weeks of its operation to ensure the appropriate procedures were in place.

·       Street drinking levels in the area had reduced over recent years which was evidenced through the smaller number of representations received to this application.

 

Mr Kolvin explained that crime levels in the local area had reduced in recent years and there was no evidence to suggest that a gambling premises was likely to exacerbate any of these issues. The protection of children and vulnerable people was taken very seriously by the applicant and this explained why the licence would have a set of very stringent conditions attached to it. No one underage would be permitted into the Premises and there was also no evidence underage gambling was an issue in the locality. The applicant was a small, very experienced operator, whose application was heavily controlled to ensure it would benefit the local area.

 

Mr Jackaman, representing the Licensing Authority, provided an overview of the policy considerations the Sub-Committee would need to take into account when deciding if it was to grant the application. Under policy LOC1 the locality of the area where the Premises would operate could be considered as sensitive with the potential for exposing children, young people or other vulnerable persons to gambling. The Premises, when operated by William Hill, also had a significant history of issues which resulted in a review of its licence taking place. Therefore, there was a concern that granting the application could result in these issues arising once more. It was acknowledged that the Police had withdrawn their representation and it was for the Sub-Committee to decide if the application promoted the licensing objectives.

 

Councillor Ruth Bush addressed the Sub-Committee in her role as Harrow Road Ward Councillor. Cllr Bush explained that Harrow Road was a very sensitive area which had improved in recent years due to the hard work of residents and local organisations. These efforts however were at risk of being undermined through the opening of another gambling premises in the locality. The local area had within it many vulnerable people and children and this application had the potential to impact negatively on their wellbeing. It risked increasing levels of crime and disorder on Harrow Road and it was requested that the application be refused. It was recognised that the applicant had offered a significant range of conditions to mitigate any issues though and if the Sub-Committee was minded to grant the application it was asked that a) the operating hours be reduced and b) conditions be amended to ensure Ward Councillors would be provided with a telephone number and email address of the Premises designated Police and Community Liaison Officer.

 

In response to questions raised Mr Kolvin confirmed that staff would be trained on local issues and vulnerabilities and was hopeful these staff would come from the local area. The Premises would have a designated Police and Community Liaison Officer and contact would be made with local agencies to address any concerns they had. It was noted that contact had not yet been made with hostels based in the vicinity, but this would be undertaken by the applicant. In addition, there would be no cashpoint located in the Premises which would also be double staffed to ensure there were greater protections throughout the shop. It was advised that an SIA staff member present on the door was not deemed necessary but to provide reassurance it was suggested a review of the Premises could take place after an agreed period from when it opened to assess if one was required. The applicant was also willing to set up a Betwatch scheme in the local area. In terms of the hours requested these were actually already within the default hours for betting shops and shorter than those for the other two betting establishments based in the local area. Combined with the extensive set of conditions proposed for the application this would ensure that there would be no increase in crime and disorder in the local area. Staff employed would be experienced and trained in what the local issues and vulnerabilities were with a commitment to ongoing dialogue with local residents, Councillors and local organisations to ensure no potential issues arose.

 

The Sub-Committee considered the application carefully and noted that the Police had withdrawn their representation indicating that the agreed conditions had led to reduced concerns over the operation. Important factors also considered included the proposal to ensure double staffing at the Premises so one member of staff could patrol the shop floor, the extensive experience of the operator and the requirement for all staff to have a minimum of 6 months experience working in a licensed betting office. The applicant also had a good understanding of the local issues which had been experienced by the Premises previously under a different operator and was encouraged by the commitment to engage with local residents and organisations. The applicant’s commitment to become active members of the local community based crime prevention scheme (Betwatch) in order to share information about anti-social behaviour and problematic customers in the area and to work in partnership with the Responsible Authorities and Gambling Operators so as to create a safer gambling environment and reduce crime and disorder in and around gambling premises was welcomed. This provided reassurance to the Sub-Committee that despite the sensitivity of the local area the Premises was unlikely to undermine efforts to improve the locality and had enough protections in place to ensure children, young people or other vulnerable persons were not put at risk. To provide further reassurance for local residents the Sub-Committee amended several conditions. This included the undertaking of a risk assessment of the Premises after 6 months, a requirement for a monitor showing CCTV images to be placed above the staff counter and the strengthening of a condition requiring two members of staff to be present on the Premises at all times. Therefore, having taken into account all the evidence (with consideration being given to the representations received from local residents), the Sub-Committee was satisfied that the application was suitable for the local area, was consistent with the licensing objectives and had addressed the concerns raised. Whilst it was recognised that the premises was situated within a sensitive area the conditions were considered appropriate to mitigate the concerns raised and were reassured by the applicant’s commitments to engage with the local area. The Sub-Committee therefore granted the application accordingly.

 

The application is granted as follows:

 

 

Betting Shop Premises Licence Hours:

Monday to Saturday:       08:00 to 22:00 hours
Sunday:                             08:30 to 22:00 hours

 

Opening Hours:               

 

Monday to Saturday:       08:00 to 22:00 hours

Sunday:                             08:30 to 22:00 hours

 

 

The application is granted subject to the following conditions in addition to the Mandatory conditions applicable to this type of application:

 

          

Conditions consistent with the operating schedule

 

10.          A notice shall be displayed at all entrances to the betting premises stating that no person under the age of 18 years will be admitted on the premises.  The notice shall be clearly visible to people entering the permises.

 

11.          There shall be a minimum of two external CCTV cameras at the front of the premises.

 

12.          Notices indicating that CCTV is in use at the Premises shall be placed at or near the entrance to the Premises and within the Premises.

 

13.          Camera Monitors shall be placed inside the Premises above the front door showing CCTV images of customers entering the Premises and above the counter on the shop floor.

 

14.          The licensee shall:

 

a)        provide training on the local risks to the licensing objectives, including staff guarding, that have been identified for these premises as part of the staff induction training programme.

b)        periodically provide refresher training to all of its staff working at these premises on the specific local risks to the licensing objectives.

 

Participation in this training shall be formally recorded on each member of staffs training records which, if requested will be presented to the Licensing Authority as soon as practicable.

 

15.          The licensee shall exclude the following people from the premises and maintain a sign at the entrance to that effect:

· Anyone who is under the age of 18;

· Anyone who appears to be under the age of 21 and is unable to provide proof of age that they are over the age of 18;

· Anyone who is barred from the premises;

· Anyone who has alcohol on their person.

 

16.          The licensee shall install a “safe haven” to the rear of the counter which includes a secure door with peephole, CCTV monitor, telephone, panic alarm, maglock control button for the front and toilet doors and any other system deemed appropriate by the licensee.

 

17.          The licensee shall install and maintain a magnetic door locking system for the customer toilet operated by staff from behind the Counter.

 

18.          The licensee shall install and maintain an ultra-violet lighting system in the customer toilet.

 

19.          The licensee shall install and maintain a magnetic door locking system on the front door.

 

20.          The licensee shall take reasonable steps to prevent street drinking of alcohol directly outside the Premises and to, in so far as reasonable, ban from the Premises those who do so.

 

21.          The licensee shall place a notice visible from the exterior of the Premises stating that drinking of alcohol directly outside the Premises is forbidden and that those who do so will be banned from the Premises.

 

22.          The licensee shall appoint a named Police and Community Liaison Officer with the authority to implement change at the premises.

 

23.          A telephone number and e-mail address for the Police and Community Liaison Officer shall be supplied to the Police, Licensing Officers, Local Community Representatives and Organisations upon request. 

 

24.          The licensee shall provide the Police and Licensing Authority with the following information as soon as practicable upon request and for such a time as the Police and Licensing Authority deem it necessary:

· A copy of the incident summary

· A list of those customers banned and the reasons for banning,

· Such other information or documentation as required by the Police or  Licensing Authority.

 

25.          The licensee shall provide its staff and management with telephone numbers for the Safer Neighbourhood Team and the Council Local Neighbourhood Problem Solving Co-ordinator.

 

26.          There shall be no cashpoint or ATM installed or fitted on the premises.

 

27.          Any staff working at the premises shall have a minimum of 6 months experience working in a licensed betting office.

 

28.          The licensee shall refuse entry to customers who appear to be under the influence of alcohol or drugs.

 

29.          The premises are permitted to operate between the hours of 08:00 and 22:00 on Monday to Saturday and 08:30 and 22:00 on Sunday.

 

30.          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 are open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. 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.

 

31.          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 are 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.

 

32.          At all times the premises are open there shall be a minimum of 2 staff members present and on duty at the premises.

 

33.          The premises will be fitted with panic and intruder alarms to SSIAB standards, and staff members on site shall wear personal panic attack alarms, linked to a central monitoring control.

 

34.          An incident log shall be kept at the premises and made available on request to an authorised officer of the Licensing Authority or the Police. Details to include:

 

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. all seizures of drugs or offensive weapons

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

g. any attempts by children and young persons to gain access to the       premises to gamble

h. any Challenge 25 Refusals.

i. Any faults with the CCTV system

 

35.          A Prosync time delayed safe will be installed in the safe staff area.

 

36.          The licensee shall install and main key operated slam lock cash drawers

with a drop safe beneath.

 

37.          The licensee shall operate at the premises a Think 25 age challenge policy.

 

38.          The licensee shall install and maintain a full toughened polycarbonate counter screen at the Premises.

 

39.           Within 6 months after the opening of the Premises the Applicant shall carry out a risk assessment to identify whether SIA staff are required. This process shall involve the Responsible Authorities at all of the stages.