Agenda item

To consider an application for a variation of a premises licence.

Daliah Barrett, Licensing Officer, introduced the application for a variation to the premises licence for 73 Broad Lane, N15. Representations had been made by the Metropolitan Police and Public Health due to concerns of potential rise of Anti-Social Behaviour that could occur causing problems for residents in the surrounding residential areas. A previous application by the applicant Mr Cantay in 2016 had been withdrawn following evidence gathered by the Licensing Authority and Police showing that Mr Cantay was not retailing alcohol responsibly

Monica Ukandu, Public Health, outlined her representation against the application as set out in pages 30-34 of the agenda pack. The area surrounding the premises had a high volume of vertical drinking establishments and known street drinking issues and Public Health had concerns that these issues may be further compounded by additional premises making alcohol available in the early hours of the morning. Public Health were of the opinion that the application should be refused, however, if the Committee were minded to approve the application, a number of conditions had been put forward for inclusion on the licence.

Josef Cannon, Applicant Representative, presented the application for a variation to the  premises licence. It was highlighted that there had been no instances of issues or breaches of the current license since the historical problems that occurred in 2016. Mr Cannon raised the fact that the Metropolitan Police were not present at the hearing demonstrating in his opinion that there was no significant concern on their part regarding the application for this premises and advised the Committee that Mr Cantay was happy to accept all of the conditions put forward by both the Police and Public Health.

In response to questions from the Committee, Mr Cantay explained that it was cost effective to extend his supply of alcohol hours due to the fact that a large percentage of his income was through the sale of alcohol. He also confirmed the number of staff working at the premises and their roles within the business

All parties summed up and the Committee adjourned to consider the application.

RESOLVED

The Committee carefully considered the application for a variation of the Premises Licence made by the applicant, the representations made by the applicant, Public Health, the Council’s Statement of Licensing Policy and the Licensing Act 2003 s182 guidance.

Having heard the parties’ evidence, the Committee resolved to vary the premises licence as follows:

Supply of Alcohol

Sunday to Thursday               0800 to 0100

Friday to Saturday                  0800 to 0300

For consumption of Alcohol OFF the premises

Hours open to the Public

Monday to Sunday                             0600 to 0300                     

The committee decided to grant the license in part subject to conditions which it considered appropriate and proportionate to promote the licensing objectives. The extended hours were granted as asked save for on Sunday when the Committee felt that the hours for the supply of alcohol should be restricted to 1am.

The Committee added the following conditions which were requested by the Metropolitan Police and agreed with the applicant:

-       A digital CCTV system to be installed in the premises.

-       Cameras must be sited to observe the entrance doors from inside.

-       Cameras on the entrances must capture full frame shots of the heads and shoulders of all people entering the premises i.e. capable of identification.

-       Cameras must be sited to cover all areas to which the public have access.

-       Provide a linked record of the date and time of any image.

-       Provide good quality images - colour during opening times.

-       Have a monitor to review images and recorded quality.

-       Be regularly maintained to ensure continuous quality of image capture and retention.

-       Member of staff trained in operating CCTV at venue during times open to the public.

-       Digital images must be kept for 31 days. The equipment must have a suitable export method, e.g. CD/DVD writer so that Police can make an evidential copy of the data they require. Copies must be available within a reasonable time to Police on request.

-       The applicant will install clear signage to display the message “CCTV in operation”.

-       An incident log shall be kept at the premises and made available on request to the Police, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received

(d) any incidents of disorder

(e) seizures of drugs or offensive weapons

(f) any faults in the CCTV system

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

-       Venue will not serve persons identified to them by Police as ‘street drinkers’.

-       No less than two members of staff will be on the shop floor of the premises between the hours of 2200 and 0300.

-       Alcohol should be in a lockable cabinet between 0100 – 0800 Sun – Thur and 0300 – 0800 Fri – Sat.

The Committee also considered it appropriate and proportionate to impose the conditions proposed by Public Health as set out on pages 33 & 34 of the agenda pack save that there will be no restriction on the sale of super strength beer, lagers or ciders of 6.5% ABV and above.

The committee approached its deliberations with an open mind and only took its decision after having heard all the parties representations. The committee considered that the decision was appropriate and proportionate.

The Committee noted that there are certain conditions on the license which have been superseded by legislation and are therefore unnecessary. The following conditions will therefore be excised from the existing license:

Public Safety

• Premises will have disability access.
• Premises will have fire risk assessment, Health and Safety and maximum capacity plans in place.

Protection of Children

No gambling, amusement machines on premises. Only those over 18 will be served.