Agenda item
Supermarche, Ground Floor, 35 Craven Road
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App No |
Ward/ Stress Area |
Site Name and Address |
Application |
Licensing Reference Number |
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2. |
Lancaster Gate / not in stress area |
Supermarche, Ground Floor, 35 Craven Road |
New |
15/02994/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 30th July 2015
Membership: Councillor Tim Mitchell (Chairman), Councillor Louise Hyams and Councillor Rita Begum
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Relevant Representations: 1 resident association, 6 x local residents and 1 x local resident in support of the application.
Present: Mr Simon Walsh (Counsel representing the applicant), Ms Daniele Gray (Applicant) and Mr John Zamit (Chairman, South East Bayswater Residents’ Association).
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Supermarche, Ground Floor, 35 Craven Road, W2 15/02994/LIPN
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1. |
Sale by Retail of Alcohol: Off the premises |
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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: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below.
The Sub-Committee was advised at the hearing that the Applicant’s Representative, Mr Walsh and Mr Zamit for South East Bayswater Residents’ Association had agreed conditions and the latter’s concerns had therefore been addressed.
Members, in granting the application, considered that the proposed conditions promoted the licensing objectives. These included that a personal licence holder shall be on the premises during the hours permitted to supply alcohol, that outside of the hours authorised for the sale of alcohol, all alcohol within the trading area would be secured behind locked grilles/screens or secured behind locked cabinet doors so as to prevent access to the alcohol by both customers and staff and also that all tills would automatically prompt staff to ask for age verification identification when presented with an alcohol sale. Mr Zamit’s proposed conditions that there were no deliveries to the premises between 22:00 and 08:00 the following day and no movement of waste or recyclable materials, including bottles during these hours were attached to the licence.
The Sub-Committee also noted in reaching their decision that following communications with the Police and Environmental Health who had consequently withdrawn their representations, the proposed hours for off sales at the grocery store of Monday to Saturday 08:00 to 23:00 and Sunday 10:00 to 22:30 were in keeping with the Council’s Core Hours policy.
The Sub-Committee noted that there were concerns from some local residents in respect of alcohol being sold at the premises. In keeping with Statutory Guidance, ‘need’ in the sense of the commercial demand for licensed premises, which had been raised as a reason in representations for not granting the application, was not a matter which the Sub-Committee could take into consideration. The Chairman made the point to the Applicant that residents did have concerns regarding public nuisance in the area. If the conditions on the licence were not complied with, there was the potential for residents or the Responsible Authorities to review the premises licence.
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2. |
Opening Hours |
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Monday to Sunday 08:00 to 00:00.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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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. A personal licence holder shall be on the premises during the hours permitted to supply alcohol.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
8. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
9. Outside of the hours authorised for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grilles/screens or secured behind locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
10. 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.
11. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2200 hours and 0800 hours.
12. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
13. No licensable activities shall take place at the premises until the premises have 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.
14. The licence holder shall ensure that all cashiers are trained to ask any customers attempting to purchase alcohol, who appears 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. 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.
16. Signs shall be displayed in prominent places within the premises stating that it is an offence for persons under the age of 18 to purchase alcohol.
17. No spirit measures of less than 30cl shall be sold from the premises.
18. On Sunday and Monday of the Notting Hill Carnival:
There shall be no sale of alcohol in glass vessels from the premises. There shall be no external advertisement of alcohol at the premises . There shall be no sale of alcohol from the premises after 20:00 hours.
19. 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 and external cameras installed to cover the front of the premises. 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 preceding 31 day period.
20. 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 request.
21. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
22. The licence holder shall ensure that outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, all alcohol within the trading area is to be secured behind locked grills, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
23. No super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises except for premium beers and ciders sold in glass bottles.
24. No more than 15% of the sales area to be used at any one time for the sale, exposure for sale, or display of alcohol.
25. There shall be no self service of spirits on the premises except for spirit mixtures below 5.5% Alcohol by Volume.
26. 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.
27.
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, which will record the following:
28. A diary 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 are open.
29. There shall be no sales of beer or ciders in bottles larger than 1.5 litres.
30. No deliveries to the premises shall take place between 2200 and 0800 on the following day.
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Supporting documents:
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