Agenda item

To consider an application to allow Supply of Alcohol at the premises for 24 hours a day.

The Licensing Officer, Ms Dale Barrett, presented the report on an application for a premises licence variation at Eros Grocers, 120a Alexandra Park Road, Muswell Hill, London N10. It was reported that the representations made by the Metropolitan Police and the child protection team had been agreed with the applicant, and had therefore been withdrawn. A large number of representations had been received from local residents, objecting to the sale of alcohol for 24 hours a day at the premises and expressing concerns that this would lead to issues with loitering outside the premises and nuisance caused by people being attracted from outside of the local area.

Cllr Nigel Scott, Ward Councillor, addressed the Committee in objection to the application, and stated that the premises was located in a predominantly residential area, and so there would be no local demand for the sale of alcohol for 24 hours a day. Cllr Scott expressed concern that 24 hour sales of alcohol would therefore attract people from outside the local area, and that this would cause a disturbance to residents. In response to a question from the Committee, Cllr Scott stated that he did not feel that there was any need for an extension of the existing licensing hours. Cllr Scott confirmed, in response to a question from the applicant, that he did not directly link any incidents of anti social behaviour in the area specifically to Eros.

Other local residents addressed the Committee in objection to the application emphasising the residential nature of the area, and that the facility to buy alcohol for 24 hours would attract people from outside the area, causing nuisance due to noise from cars and anti social behaviour. Residents stated that they supported the rights of local businesses to earn a living, but not at the expense of the communities within which they were situated. It was reported that there had been issues in the past with young people causing a nuisance outside the premises, and one local resident reported an incident in which her son had been followed by youths from outside the premises, who had demanded money. Residents expressed concern at the effect a late night licence would have on the area, and in particular on people who needed to get up early for work. Concerns were also expressed that local residents would feel less safe travelling home at night if there was a 24 hour alcohol licence in place at the local shop, especially as the area was very quiet and there would be no police presence.

In response to questions from the Committee, all the local residents present felt that there was no need to extend the current licence at the premises. It was also confirmed that the incident in which a child had been followed and asked for money could be linked to the premises as, when the Police had investigated, the suspect had returned to stand directly outside Eros.

Mr Kilic, representing the applicant, addressed the Committee in support of the application. Mr Kilic confirmed that the applicant had agreed to comply with the conditions proposed by the police and the child protection team, and noted that no other responsible authorities had made representations in respect of the application. Mr Kilic referred to the Thwaites case, and reminded the Committee that they could only base their decision on the evidence presented to them. Mr Kilic also referred to a number of points in the guidance, and stated that, while individuals outside the premises were accountable for their own activities, the premises would take all reasonable steps to prevent any incidents occurring in connection with their customers. Mr Kilic acknowledged the concerns expressed by residents, and stated that the premises would do its best to address any concerns. The Committee was asked to grant the application as requested to give the premises an opportunity to operate within the conditions proposed, and Mr Kilic reminded the Committee that the licence would be subject to review if any incidents were to occur in connection with the premises.

In response to a question from the Committee, Mr Kilic confirmed that the applicant acknowledged that the licence applied for would make a difference, and that additional conditions suggested by the responsible authorities had been agreed in order to reflect this. The Committee asked the applicant whether there were any issues with young people gathering outside the premises; the applicant replied that there were a number of young people in the area after schools had closed, between 3pm and 6pm, but that there were very few young people around after 8pm. In response to a question from the Committee regarding refusal logs, the applicant reported that a refusals log was currently maintained and that around 10 to 15 sales were refused and recorded on a daily basis. It was confirmed that the premises always required ID for alcohol sales. In response to a question from the Committee regarding the number of letters of representation received in relation to the application, Mr Kilic advised that it was the evidence that was in the representations that was important.

In response to a question from the Committee regarding any possible compromise in opening hours, Mr Kilic responded that the applicant would be happy to agree to close at midnight on Sundays, as there was no intention to keep the premises open for 24 hours on a Sunday.

The objectors and applicant’s representative had the opportunity to sum up their cases, and the Committee retired to deliberate.

RESOLVED

The Committee carefully considered the application, written and verbal representations of local residents, the responsible authorities and the applicant and also took into account section 182 of the guidance and the Council’s Licensing Policy and resolved to grant the application by Eros Grocers in the following terms:

Supply of Alcohol:    

Sunday – Thursday               0700 – 0000

Friday                                     24 hours

Saturday                                 24 hours

Opening hours:

From 0700 on Monday to 0000 on Sunday

Subject to the following additional conditions:

-          To fully implement the Challenge 21 scheme

-          To implement the recommendations made by the Metropolitan Police at page 60 of the documentation, namely that a minimum of 2 people are to be working on the premises between 0000 and 0700.

-          CCTV to be installed at the premises, the recordings to be kept for 30 days and made available to the police and responsible authorities on demand. This to be of digital quality and to cover the exterior of the premises.

-          A complaints book to be maintained on the premises.

-          Signs to be displayed, asking customers to leave quietly and respect the local area.

For the avoidance of doubt, the premises licence is to be granted only once the licensing authority has provided written confirmation to the applicant that it is satisfied that all the conditions have been met to the satisfaction of the licensing authority. The licence is subject to review if the conditions are not met.