Agenda item
W H Smith Retail Unit, Marylebone Station, Melcombe Place, NW1 6JJ
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Wednesday 20th July 2022
Membership: Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Georgina Wills
Presenting Officer: Emanuela Meloyan
Present: Ewen Macgregor – TLT Solicitors - WH Smith Travel
Holdings Limited
PC Brian Hunter – Metropolitan Police
Application for a variation of Premises Licence in respect of WH Smith Retail Unit Marylebone Station, Melcombe Place London NW1 6JJ - 22/03479/LIPV
FULL DECISION
Premises
WH Smith Retail Unit
Marylebone Station
Melcombe Place
London
NW1 6JJ
Applicant
WH Smith Travel Holdings Limited
Ward
Regents Park
Cumulative Impact
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
To vary the opening hours as follows:
From
Monday to Friday 08:00 to 20:00
Saturday and Sunday 09:30 to 20:00
To
Monday to Friday 07:00 to 00:00
Saturday and Sunday 07:00 to 23:00
To vary the hours for the sale of alcohol (off Sales Only)
From
Monday to Friday 08:00 to 20:00
Saturday 09:30 to 20:00
Sunday 09:30 to 20:00
To
Monday to Saturdays 0800 to 2300
Sunday 0900 to 2230
To replace condition 15 at Annex 2 which states:
“There shall be no self-service of spirits on the premises, save for
spirit mixers of less than 5.5% ABV”
so that it reads as follows:
“Save for spirit mixers, there shall be no self-service of spirits on
the premises.”
Summary of Application
The Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a newsagent and shop unit operating in London Marylebone train station. The premises has had the benefit of a premises licence since 2021.
- Metropolitan Police (PC Reaz Guerra)
- Environmental Health Service (Maxwell Koduah / Withdrawn)
- Two residents (Withdrawn)
Summary of Representations
· The Metropolitan Police Service had made representation in relation to the application as the proposal may undermine the licensing objectives of Prevention of Crime and Protection of Children from Harm and that there is insufficient detail contained within the operating schedule to promote the licensing objections
· Environmental Health Service had made a representation as the proposed extension in the hours of alcohol supply may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. The proposed changes in conditions safeguarding the supply of alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
Environmental Health Service withdrew their representation after discussions with the Applicant.
- Residents raised concerns over Public Nuisance and Crime And Disorder and the increase of the Premises offering sales of alcohol.
The two representations were withdrawn following mediation between both residents and the Applicant.
HRS1
- Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.
SHP1
· Under Policy SHP1, applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1. The hours for licensable activities are within the council’s Core Hours Policy HRS1. The operation of any delivery services for alcohol meeting the Council’s Ancillary Alcohol and/or Late-night Refreshment Delivery Service Policy DEL1. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone. The application and operation of the venue meeting the definition of a shop in Clause C. For the purposes of this policy: A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment. The licensable activities for the sale of alcohol for consumption on the premises, regulated entertainment and/or late-night refreshment must be ancillary to the primary use of the premises as a shop. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the premises unless that primary use is to sell alcohol for consumption off the premises, e.g. a traditional off licence
SUBMISSIONS AND REASONS
1. On request from the Applicants’ representative, the Committee decided that as the submissions from both the Metropolitan Police and the Applicant will be identical, the applications for a variation of Premises Licence in respect of WH Smith Retail Unit Marylebone Station, Melcombe Place London NW1 6JJ and W H Smith Paddington Station Praed Street London W2 1HB would be considered together, However separate decisions will be provided for each site.
2. The Presenting Officer, Ms Emanuela Meloyan introduced the application and confirmed to the Committee that the application was for a variation of a Premises Licence for WH Smith Retail Unit Marylebone Station Melcombe Place, London NW1 6JJ. The Premises located at Melcombe Place, London NW1 6JJ trades as a newsagent and shop unit operating in London Marylebone train station. She confirmed that representations against the application had been received from the Environmental Health Service, Metropolitan Police and two residents.
3. The Environmental Health Service and both residents had withdrawn their representations. The Presenting Officer outlined to the Members that the Premises is located in the Regents Park Ward and not situated in any Cumulative Impact Zone or Special Consideration Zone.
4. Mr Ewen Macgregor, Legal Representative WH Smith Travel Holdings Ltd, submitted to the Committee that further submissions had been lodged and appeared starting at page 5 of the additional papers. Mr Macgregor stated that the application is modest and requested for changes for the stores operational hours and hours permitted for the sales of alcohol. There was also a request to vary the condition in relation to the sales of spirit mixtures.
5. Mr Macgregor confirmed to the Committee that sales of alcohol were within core hours and that there were no policy considerations. Mr Macgregor advised that the application, if granted, would be more restrictive than what is currently required in the existing Premises Licence. The Committee was advised that other licensed premises located nearby, had longer operational hours and also offered the sales of alcohol. The Committee was informed that the Applicant was a good operator of a renowned brand.
6. Mr Macgregor explained to the Members that the variation of the Premises Licence in respect to ABV restrictions on spirit mixtures had been undertaken in order to bring parity with other premises. The sales of alcohol on offer at the Premises were for branded goods which were sold at a higher price range than nearby competitors.
7. The Committee was advised that conditions which restricted sales of spirits had been removed from other sites operated by the Premises Licence Holder which is located in Victoria and this area is within the Special Consideration Zone. On that occasion, no objections were received from the Metropolitan Police or any indication that the variation of the Premises Licence for the Victoria site has had a negative effect on the promotion of the four Licensing Objectives.
8. Mr Macgregor confirmed that residents and Environmental Health had withdrawn their submission after discussions with the Applicant. He commented that there had also been extensive consultation with the Metropolitan Police.
9. The Committee was advised that the Premises were not a burden on Responsible Authorities resources and highlighted that no representations had been received from local amenity societies such as The South East Bayswater Residents Association (SEBRA). Mr Macgregor explained that sales of alcohol amounted to a small percentage of overall sales.
10.In response to questions from the Committee, Mr Macgregor confirmed that the Metropolitan Police had been given additional information, including sales and the operational style of Premises. He advised that changes in the operational hours was sought to increase sales following the Covid-19 Pandemic and the rise in footfall.
11.PC Brian Hunter, Metropolitan Police advised the Committee that representations had been maintained in order to promote the Licensing Objectives of the Prevention of Crime and Disorder.
12.He stated that there were no objections to the hours requested for the sale of alcohol and highlighted that these were within core hours. The Police said that there were concerns regarding the variation of Condition 15 of Annex 2 of the existing Premises Licence as this related to ‘no self-service’ of spirit mixtures.
13.PC Hunter suggested to the Committee that the modifications would allow patrons access to high strength alcohol beverages and allow these purchases to be via self-served counters. He further submitted that self-served purchases removed elements of controls. The Committee was advised that these types of beverages were attractive to young people.
14.PC Hunter submitted to the Members that the highest strength alcoholic beverages had a volume of 14.9% ABV and that there was a range of 19 of these commodities on offer. He reminded the Committee that the applications were considered on their own merits and the premises in Victoria had been granted on this basis. There were concerns that the grant of this application could set a precedent.
15.In response to question from the Committee, Mr Macgregor advised that alcohol beverages were displayed at the back of the Premises and that all of these purchases are authorised by a member of staff regardless purchased at a counter manned by a person or a self-service machine. He stated that these were usual practise operated by several retail units. The Committee was advised that patrons would be able to self-service when taking alcoholic beverages from shelves.
16.Mr Macgregor continued to explain that the Premises spirits would be required to be stored behind a counter.
17.Following questions from Mr Burnett, the Committee’s Legal Adviser, PC Hunter stated that there had been no link to crime and disorder neither at this Premises or the premises situated in Victoria, but the British Transport Police (BTP) had jurisdiction over this locality and he did not receive direct reporting.
18.I response to additional questions from the Legal Adviser, PC Hunter confirmed that BTP and the Metropolitan Police Licensing Department was linked to overall policing. PC Hunter advised that the rationale for objecting to the application stemmed from PC Reaz Guerra and commented that crime statistics are reviewed, and communications are made with the Ward Officer. PC Hunter advised that there were no specific crime and disorder linked to the Premises and commented that statistics on crime are monitored and kept by the BTP.
19.PC Hunter explained at the hearing that it would be difficult to link criminal activities to a premises, as incidents could take place in a different location once alcoholic beverages had been purchased. The Committee were advised that PC Guerra had primarily dealt with the application.
20.In response to questions from the Committee, Mr Macgregor submitted that food, and non-alcoholic beverages were displayed near alcoholic beverages. Alcoholic beverages were kept in a separate display unit and noted that the premises current layout was tested and did not cause any issues regarding the mentioned goods gaining attraction from young people or other persons.
21.In response to the Policy Officer, PC Hunter advised that it was preferred for patrons to have interactions with staff members when purchasing alcoholic beverages and that these exchanges helped to deescalate potential conflicts where purchases of alcoholic beverages are refused. The Committee was advised that potential conflicts could not be reduced if patrons used self-service counters.
22.The Committee noted that it was widely known that sales of alcohol need to be authorised in self-service counters in retail units and noted that no links had been made regarding these types of sales transactions and crime and disorder.
23. Mr Macgregor in his summary advised that the Applicant offer of sales of alcohol had been in place for a long period and that there was no evidence of breaches of conditions and crime and disorder being linked to the Premises. He commented that a similar application had been granted for the Premises in Victoria and no objections had been raised. He advised that the variation was reasonable and modest and brought the Premises in parity with other retail units. The Committee was advised that self-service counters were widely used at the premises of different operators, and that the alcohol offer at this site was priced higher than leading competitors. Mr Macgregor advised that all condition which had been proposed by the EHO were agreed.
24. The Chair thanked all parties for their submissions.
Decision
The Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.
The Committee decided that the Applicant had provided valid reasons as to why the granting of the New Premises Licence would promote the licensing objectives.
In particular but not exclusively, the Committee noted that there was no evidence linking the premises to crime and disorder, the Applicant operated other sites in more sensitive areas with similar conditions and without adversely affected the Licensing Objectives and that a similar application at a sensitive site in Victoria (SCZ) had not attracted representations from the Metropolitan Police.
Having carefully considered the committee papers, additional evidence, Licensing Act 2003, Westminster’s Statement of Licensing Policy, the Revised Guidance issued under sec 182 of the Licensing Act 2003 and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
To grant permission for the Sale of Alcohol for consumption off the Premises:
Monday to Saturdays 0800 to 23.00
Sunday 09.00 to 22.30
a) To grant permission for the premises to open to the Public:
Monday to Friday 07.00 to 00.00
Saturday and Sunday 07.00 to 23.00
b) To grant permission to replace current condition 15 which reads:
There shall be no self-service of spirits on the premises, save for spirit mixers of less than 5.5%ABV, with ‘’Save for spirit mixers, there shall be no self-service of spirits on the premises.’’
c) The varied Premises Licence shall be subject to the existing Mandatory Conditions.
d) The varied Premises Licence shall be subject to the following conditions consistent with the operating schedule which are considered appropriate and proportionate to promote the licensing objectives.
6. Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time
7. Locations of fire safety equipment and other safety equipment subject to change in accordance with the requirements of the Responsible Authorities or following a risk assessment.
8. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
9. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
10. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.
11. All recordings shall be stored for a minimum period of 31 days with date and time stamping.
12. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
13. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale of display of alcohol
14. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
15. Save for spirit mixers, there shall be no self-service of spirits on the premises.
16. No sales of beers, lagers or ciders of 6% ABV (alcohol by volume) or above shall be sold from the premises
17. A Challenge 21 or 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
18. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale
19. A record shall be kept detailing all refused sales of alcohol. The record should include:
a. the date and time of the refused sale and the name of the member of staff who refused the sale.
20. The record 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
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly
22. Measures will be in place for the safe evacuation of persons with disabilities in case of fire or emergency
23. Staff are trained to ensure that in case of any doubt whether a purchaser is over the age of 18 that they must refuse a sale of alcohol unless valid identification is produced.
24. This training shall be refreshed on an annual basis with copies of training records being made available to the relevant officer of the responsible authority, and/or the police, on request
25. All displays of alcohol will be appropriately ticketed to advise purchasers that it is an offence for those under 18 to purchase alcohol.
26. Prominent notices will be displayed at points of sale advising customers that they may be asked to provide evidence of age.
27. Prominent notices shall be displayed on the premises advising customers of the permitted hours for the sale of alcohol.
28. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.
Conditions proposed by the Metropolitan Police Service and agreed with the applicant so as to form part of the operating schedule.
29. 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.
This is the Full Decision of the Licensing Committee which takes effect forthwith.
The Licensing Sub-Committee
20 July 2022
Supporting documents:
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WH Smith Marylebone_Redacted, item 3.
PDF 734 KB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted