Decision details

The Lead Licensing Officer, Daliah Barrett, presented her report to the Committee by outlining that a representation made by the Fire Officer had been withdrawn because he had been satisfied that the schedule of concerns he had submitted in respect of the premises had been dealt with by the applicants. Ms Barrett also highlighted to the Committee that there had been two letters of representation against the application from interested parties.

The Chair invited the objectors to address the Committee. Lee Hoddinott spoke on behalf of Ms I Fitzgerald by highlighting that other Lidl stores traded on a Monday to Saturday basis between 8am and 9pm, and between 8am and 5pm on Sundays. He also stated that there were other premises nearby to the applicant’s that were open for 24 hours and that therefore the area for adequately catered for in terms of the around the clock trading. Mr Hoddinott also highlighted what he perceived to be a lack of address for the licensing objectives by way of a lack of SIA door staff for the prevention of crime and disorder; no reference to staff training for the prevention of harm to children; the sale of alcohol of match days in plastic containers for public safety; the provision of CCTV equipment for the prevention of crime and disorder; and the existence of heavy advertising of cheap alcohol for sale on the premises.

The invited another objector to the application, Mr Store of Alexander Grove, to address the Committee. Mr Store highlighted the problem of street drinkers in the vicinity of the premises that caused public nuisance. He also stated that there was a problem with crime and disorder on match days and also when there are major events at Finsbury Park.

The Chair invited the applicant to address the Committee. Mr Gijs Heldstra, applicant, was represented by Ms Amanda Pillinger. Ms Pillinger began by highlighting to the Committee what the Lidl brand offered to the community and how the business was run in terms of its staff training and the company culture which would go a long way to settling local residents’ concerns. Ms Pillinger tabled a copy of the planning consent granted to the premises which had granted unrestricted traded in its terms.

Ms Pillinger continued that all of Lidl’s goods were own branded so that any litter on the streets would identify whether it had emanated from the premises. She also stated that Lidl worked in close partnership with the Local Authority and the Police to ensure the community is properly served in terms of upholding the four licensing objectives. Ms Pillinger stated that CCTV would be provided on the premises with extended recording facilities and on a hard disk for storing footage. In terms of staff training, Ms Pillinger continued that this included a full induction which indeed alcohol training, which was regularly updated for all staff. All staff sign a Alcohol Policy Register and are supervised by a Designated Premises Supervisor who holds a Personal License (usually a manager) at all times when the premises are open. Ms Pillinger stated that at any one time, there should be a minimum of three personal license holders on the premises. Also that at each point-of-sale, there were reminders to the public that sale of alcohol is only permitted to persons of 18 years and over. It is company policy to discipline members of staff, under gross misconduct, who sell alcohol to underage persons. Ms Pillinger highlighted that the no confectionary, sweets or cigarettes were sold on the premises and that advertisements for the goods, including for alcohol were no different to those used by rival chains. Ms Pillinger stated that notices would be placed on the premises requesting that customers leave the premises quietly.

Ms Pillinger responded directly to a number of the concerns raised by Ms Fitzgerald but stated that the motives behind her representation were commercially guided. Ms Pillinger stated that the evidence that people would travel to Lidl was weakened by the existence of other premises who trade 24/7. Further, in respect of football match days, it was stated that there had been no objections from the police and reminded the Committee and objectors that any license granted could be revisited if need be in the future.

In response to a series of questions from Committee Members, Ms Pillinger noted the applicants would be in breach of the law if there was found to be sale of alcohol to persons who were drunk. Also, that there would be a minimum of two members of staff at the doors to the premises on match days. Further, that CCTV cameras would be installed to the inside and outside of premises and would be willing to install more if needed. Ms Pillinger reiterated that any litter emanating from the premises would be easily identifiable due to the own brand wrapping on all of the goods sold on the premises. Ms Pillinger also stated that although the OffWatch Forum had not been fully established, the Lidl management would continue to maintain a good working relationship with the police.

In response to a number of questions put by the objectors to the applicant, Ms Pillinger stated that none of the staff employed by the Lidl branch was under the age of 18 and that systems were in place to deal with suspected under-age purchases of alcohol which included requests for photo ID in-line with recommendations. She also confirmed that door staff receive SIA training and accreditation. She confirmed that alcohol sold on the premises were competitively prices for the quality of product on offer. In respect of violent customers, Ms Pillinger confirmed that due to good relations with police, the SIA door staff would notify the police if this highlighted itself as a problem. In respect of street drinkers, there would be notices placed both inside and outside of the premises, but that none of these would be addressed specifically to street drinkers.

The Chair invited both the objectors and applicants to sum up their respective cases to the Committee. The objectors notes that they were against 24/7 alcohol sales because of problems with public safety and public nuisance, particularly on match days. The applicants stated that the application for a 24/7 license would allow for flexibility in trading patterns and that the concerns over the match day problems would be overcome by the clear set of conditions on offer.

RESOLVED

The Committee decided to grant the application subject to the following amendments and conditions:

(i)                 That sale of alcohol be 11:00 to 23:00 Mondays to Sundays. The reasons for restrictions were because Committee Members’ (all three) own personal knowledge of the area and their awareness of the area being a “hotspot” in terms of crime and disorder and public nuisance, and the close proximity of the premises to Finsbury park were there is a profound problem with street drinkers and crime emanating from this. This was supported by the evidence heard from objectors and its proximity to the Bowling Alley which attracts a young clientele until late at night.

(ii)               That opening hours to the public be as applied for, namely 24 hours, seven days a week.

(iii)             No sale of alcohol in glass bottles on match days. The reason for this decision was to promote the crime and disorder and public safety objectives of the Licensing Act 2003 in relation to the use of bottles as weapons.

(iv)              That there be two SIA trained door staff all day on match days.

(v)                That CCTV coverage of the premises covers the whole of the outside areas, including the corner and frontage of the premises.

(vi)              Conditions to enforce the operating schedule.

(vii)            Standard Mandatory Conditions at sections 19 and 21 of the Licensing Act 2003.

(viii)          That a robust system of photo identification is operated to detect under-age drinkers. under-age drinking, namely one of the following:

·        a valid passport

·        a photo driving license issued in an EU country

·        a proof of age standard card system

·        a citizen card, supported by the Home Office.