Agenda item

To consider an application for a new premises licence.

Presentation by the Licensing Officer

 

Ms Daliah Barrett, Licensing Team Leader, informed the Sub-Committee that:

 

·      The application involved the sale of alcohol from 06:00 to 23:00 for consumption off the premises.

·      The premises would be open to the public from Monday to Sunday from 06:00 to 23:00.

·      The application stated that the premises would provide food and drink for consumption but needed a licence to sell alcohol.

·      During the 28-day consultation period, representations had been received from the Police.  The applicant had accepted the conditions suggested by the Police.

·      Representations from residents had been submitted, the applicants had sent a mediation letter and residents responded expressing concerns regarding the premises. 

 

 

Presentation by the applicant

 

Mr Robert Sutherland, applicant’s representative, informed the Sub-Committee that:

 

·      The premises was not open due to ongoing work, it was hoped that the premises would be opened within the next month.

·      It was a family business and they did not live not too far away from the premises.

·      The premises was a convenience store and alcohol was just one of the items that would be sold, but it was not the main item. However, it was a significant part of the business.

·      The applicant intended to sell food and drink at the premises and agreed conditions had been set out in the additional papers.  

·      The hours for the sale of alcohol for consumption off the premises were from 10:00 to 23:00.

·      Landlords provided security 24 hours a day, seven days a week. The security staff would patrol the area every couple of hours. One of the register points was located at the front of the premises.

·      There were a number of residents very supportive of the application and the applicant wanted to be part of the community.

·      The only licensable activity that that the applicant was requesting was the sale of alcohol.

·      He would ask the Sub-Committee to grant the application.

 

 

In response to questions, Mr Sutherland informed the Sub-Committee that:

 

·      The premises was empty. It had not been occupied since it had been constructed.

·      On page 17 of the agenda papers, there was a layout plan of the premises and in one of the corners, it showed a 3D-like impression of the premises. The security offered involved a set of cameras immediately outside the premises which provided a live feed to the security office situated in another part of the estate. This would operate at all times. The patrols of the security officers would go around the whole of the site every two hours. If there was any criminal activity, the first point of call would be to the Police, so it would not necessarily be to the security on site. If there was any disorder, then there was direct access from the premises to the security office located very close by. They would have security who would be able to attend.

·      The vast majority of the display and items for sale would be non-alcoholic. Spirits and other such items would be behind the counter. This was two shelving units out of all of the shelves - a small proportion. The premises would operate as a convenience store. There would be fresh fruit and vegetables on display, fresh bread and dairy products.

·      Alcohol was important for the business as people came in, bought other things and then also brought an alcoholic drink for when they got home. This was a useful income stream for the business.

·      In relation to any complaints that were made to the store, there would be an incident book or a complaints book and a note would be made of any complaints and any action taken. This was not a condition on the licence, but it was something that the applicant had talked about doing. It was important to ensure that the premises remained part of the community and did not become a problem within the community.

·      Some of the residents had already joined a WhatsApp group. It may not cover all the residents who lived in the area and a telephone number would be provided to the residents so that residents could contact the DPS.

·      One of the issues that was important for the applicant was to ensure that any staff were trained and knew exactly what to do. Part of the process that staff would go through was training in relation to the licence and in relation to the conditions. Signage would be placed within the premises near to the displays for the alcohol indicating times that alcohol could be sold.

·      Alcohol displays would be covered when the premises was open outside the licensed hours.  

·      An operation checklist would be operated between 09:50 and 10:00 to make sure that locks and shutters were removed so that the displays could open from 10:00. There would also be a system in place to make sure that staff were aware of the timings.

·      In relation to crime, contact would be made with the Police Security could assist with nuisance and low-level disorder. Some of the issues being experienced were probably because a good proportion of the site was not occupied. The more that they became occupied and used, the presence of people would likely discourage some opportunistic thefts.

·      In relation to litter, there would be a refuse agreement in place which includes non-recyclable and recyclable refuse. This would need to be in place before the premises opened.

·      All types of alcohol would be sold. The display would be relocated and the alcohol would be within one location within the premises.

 

 

Presentation by interested parties

 

Mr Greg Francini, resident, informed the Sub-Committee that: 

 

·      His objection was based solely around the hours at which alcohol could be sold and the likely negative impacts of it.

·      The sale of alcohol to 23:00, seven days a week had a potential for increased noise and litter pollution. Noise was something that residents already experienced where large groups of people were outside of the building. Police had to be called numerous times and a licence seven days a week would likely exacerbate this issue.

·      There was a large number of public benches situated close to the premises. With regular disturbances, littering and large gatherings already a problem in the area, the licence late into the night would further exacerbate this as well.

·      The distance between the premises and surrounding flats had been largely ignored. In comparing the licences of Asda, Tesco and other residential buildings around close to the station, there was at least a five to ten metre gap between the commercial area and the first floor of the residence, whereas on the premises there was less than a couple of metres between the top of the commercial space and the first-floor residence. A shop opening from 06:00 to 23:00 seven days a week would likely lead to increased noise and litter complaints, not only within the local community, but the immediate surrounding area of the residents in the building.

 

 

Ms Claudia Tamenghi, resident, informed the Sub-Committee that: 

 

·      She was very happy to have a new shop downstairs. She was only against opening at 06:00 and selling alcohol as it was unclear who would buy alcohol at this time.

·      The area had lots of benches just along the river in front of the residential entrance and there was concern that patrons buy alcohol and just consume it outside.

·      The security was not really 24 hours a day, seven days a week. The staff barely passed by and were mostly on their phones.

·      There was a lot of crime inside the building with people gathering, entering and littering in the hall. The same people would be given easy access to alcohol.

·      In relation to the bin room, the premises proposed to put all the litter inside in the same bin room residents were using. The residence already had 141 flats.

·      The premises would receive deliveries in the morning which could cause noise nuisance.  If the premises opened at 06:00, it meant deliveries would arrive earlier.  

 

 

Ms Mihai Tabara, resident, informed the Sub-Committee that: 

 

·      He welcomed a family owned business.

·      He was concerned about the sale of alcohol.

·      He recently became a parent with an eight-month old son. About 15% of the residents in the building were parents. The sale of alcohol downstairs of where he lived was not necessarily an encouraging sign for him as a parent.

 

 

Mr Salim Uz Zaman, resident, informed the Sub-Committee that: 

 

·      He was concerned regarding security. He had witnessed people stealing from Tesco, which was nearby. He had seen the security there which were present 24 hours a day seven days a week and whenever the shop is open, unable to stop shoplifters. The Police never arrive on time.

·      He was surprised that that the premises owners had not considered hiring their own security staff.

·      As a residents, he felt unsafe when around 10 to 15 people, could been seen standing outside the building. He could only imagine how people with children or women felt.

·      The applicant’s proposed to use the same refuse collection room as residents, which made him concerned as the refuse area became full on a weekly basis.

·      Deliveries would be made to the premises on a weekly basis. No consideration had been given to residents when people had come into work at the premises.

·      Residents were not allowed to park in front of the building, whereas those working at the premises had parked next to it.

 

Is response to questions, Mr Francini informed the Sub-Committee that: 

 

 

·      If the hours for the sale of alcohol were to be restricted, then a similar restriction in the evening would be beneficial, especially highlighting the concerns around children and litter.

·      The residential area had issues of nuisance and litter. Selling alcohol up until 23:00 seven days a week would contribute to that.

 

 

The applicant was recalled to address matters arising, In response to questions, Mr Sutherland informed the Sub-Committee that:

 

·      The applicant would use the same bin room as the residents.

·      In proposed condition 4, deliveries would be limited between 08:00 to 20:00 and no deliveries would be accepted outside of these hours. It was possible that there would be some smaller deliveries to do with fresh fruit, vegetables, dairy and bread.

·      Proposed conditions included keeping the frontage clean and tidy, cleaning of the pavement from the building line to the curb edge immediately outside of the premises.

·      Proposed condition 7 was worded widely enough to include mainstream delivery drivers such as Deliveroo or Uber Eats.

·      in relation to the use of bins, this was a completely separate agreement with the applicant, as was the case with all commercial premises. Separate bins would be provided by the company contracted with the premises, but would be placed in the storeroom used by residents.

 

 

To summarise, Mr Sutherland stated that the hours had been amended by agreement with the Police and although there had been a suggestion for the hours to be reduced, he would invite the Sub-Committee to affirm the hours as has been agreed with the Police. The Police were the main source of information in relation to crime and disorder and in relation to that were satisfied that the proposals would promote the licencing objectives in relation to crime and disorder and on that basis they had withdrawn their representation. The Council’s environmental health officers had not submitted any representation and if they had concerns in relation to public nuisance, they would be present at the meeting. The parking was not a licencing issue, but deliveries would have to be made from a place where drivers were legally allowed to park and unload their vehicle. He would ask the Sub-Committee to grant the application.

 

To summarise, Mr Francini stated that said he welcomed the business and his only concerns were around the opening hours, the licence to sell alcohol and confirmation around the bin room. It was not clear how often the additional bins would be cleared and a contact point within the business if there was a bin or nuisance issue. This needed to be someone who was easily and readily available to be contacted.

 

To summarise, Ms Tamenghi stated that it would be useful to have a contact person to address issues that had been raised at this hearing. A direct contact with an applicant or an applicant’s representative at the meeting would be most useful.

 

To summarise Mr Salim Uz Zamman stated that his biggest concern would be around security and his recommendation would be to add an obligation on the business to have a full time security guard present at the premises.

 

Mr Sutherland stated that a contact telephone number could be provided to residents through the Council if the licence was granted.

 

At 8:07pm, the Sub-Committee withdrew to consider the application.

 

RESOLVED:

 

 

The Licensing Sub Committee carefully considered the application for a Premises License at Lock 17, Unit 1 Navigation Point, 2 Hale Wharf, Ferry Lane, N17 9LX.

 

In considering the application, the Committee took account of the London Borough of Haringey’s Statement of Licensing Policy, the Licensing Act 2003, the Licensing Act 2003 section 182 Guidance, the report pack, and the applicant’s and objector’s representations.

 

Having considered the application and heard from all the parties, the Committee decided to GRANT the application subject to the conditions below:

 

1. Sale of alcohol ON the Premises

Monday to Sunday- 1000 hours to 2200 hours

 

2. Hours open to the Public

Monday Sunday- 0900 hours to 2300 hours

 

CONDITIONS:

1. The Applicant must provide a point of contact for residents to be able to complain to. Mr. Salman Tuzgul- contact number will be available.

 

2. The Applicant must maintain an incident book that can be viewed by council on request.

 

3. Clear signage must be displayed indicating times when alcohol can be sold.

 

4. Alcohol displays will be shuttered/covered when shop open for business but not permitted or sell alcohol. 

 

PREVENTION OF CRIME AND DISORDER

 

1. Cctv system equipment will be installed and notice will be displayed in the customer area to advice that CCTV in operation.

2. Cameras sited to observe the entrance and exits doors both inside and outside, the alcohol displays, and floor areas.

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

4. Provide a linked record of the date, time, and place of any image.

5. Provide good quality images.

6. CCTV shall also cover front and rear exit outer areas.

7. The records will be retained for a minimum of 31 days and will be made available upon police and enforcement officers request immediately by a trained member of staff trained to operate the system/download images shall be on duty during opening hours.

8. The premises will operate a zero tolerance policy to illegal drugs.

9.         (a) Cameras overlooking floor areas should be wide angled to give an

overview of the premises.

            (b) Be capable of visually confirming the nature of the crime committed.

            (c) Operate under existing light levels within and outside the premises.

            (d) Have a monitor to review images and recorded picture quality

(e) Have signage displayed in the customer area to advise that CCTV is in operation.

10. The equipment must have a suitable export method, e.g., CD/DVD writer so

that the police can make an evidential copy of the data they require. This data

should be in the native file format, to ensure that no image quality is lost when making the copy. If this format is non-standard (i.e. manufacturer proprietary) then the manufacturer should supply the replay software to ensure that the video on the CD can be replayed by the police on a standard computer. Copies must be made available to Police or authorised local authority employees on

request.

11. The Designated Premises Supervisor shall regularly check the refusals

system to ensure it is being consistently used by all staff.

 

PREVENTION OF PUBLIC NUISANCE

 

1. Waste collection arrangements will be made with the waste collection

companies approved by the London Borough of Haringey and will be collected

regularly.

2. Prominent, clear and legible notices shall be displayed at all public exits from the premises requesting customers respect the needs of local residents and leave the premises and area quietly. These notices shall be positioned at eye level and a location where those leaving the premises can read them.

3. The shop frontage will be kept clean and tidy at all times.

4. Deliveries will be limited between 08:00hrs to 20:00hrs. No deliveries will be

accepted out of these hours.

5. Staff shall actively discourage patrons from congregating around the

outside of the premises.

6. The premises licence holder shall ensure that the pavement from the

building line to the kerb edge immediately outside the premises,

including the gutter/channel at its junction with the kerb edge, is kept

clean and free from litter at all material times to the satisfaction of the

Licensing Authority.

7. Delivery drivers shall be given clear, written instructions to use their

vehicles in a responsible manner so as not to cause a nuisance to any

residents or generally outside the license premises; not to leave engines

running when the vehicles are parked; and not to obstruct the highway.

 

PUBLIC SAFETY

 

1. Health and Safety risk assessment will be in place.

2. Fire risk assessment will be in place.

3. Adequate fire fighting equipment provided .

4. Emergency lighting installed on the premises.

5. Fire equipment will be maintained periodically.

6. Fire exits will be kept clear all the time

7. Suitable first -aid kit will be available-

8. A suitable evacuation plan in case of emergency is in operation and will be on display at all times.

 

THE PROTECTION OF CHILDREN FROM HARM

 

1. The premises will implement `` Challenge 25 policy`` and the relevant notices will be on display at all times.

2. Challenge 25 notice will be displayed.

3. Person who appear under 25 years of age will be asked to provide their photo IDs and or PASS logo ID to prove their age.

4. A written record of refused sales shall be kept on the premises and completed when necessary. This record shall be made available to Police and /or Local authority upon request and shall be kept for at least one year from the date of the last entry.

5. All staff will receive appropriate training on induction and at refresher training at intervals in operating Challenge 25, asking for proof of age, checking forms of Id, making and recording a refusal of service and completing the refusals book.

6. Staff training book will be kept at the premises at all times.

7. All training relating to the sale of alcohol and the times and conditions of the

premises license shall be documented and records kept at the premises. These records shall be made available to Police and /or Local authority upon request and shall be kept for at least one year.

 

 

REASONS:

 

The committee gave serious consideration to the submissions by the Applicant and to the concerns raised by the objectors.

 

It was noted the Applicant did seek to mediate with the Objectors to the application at the behest of the Local Authority & has agreed the conditions proposed by the Police. Objections had been raised about potential nuisance caused by people buying and drinking alcohol in the early hours and potential increase in crime & disorder around loitering, litter and use of the shared waste bin rooms. It was accepted by the Committee that the majority of these concerns had been tackled by the applicant, in particular there had been agreement with the Police that the opening hours would be reduced to 10am in the morning rather than 6am as had been originally envisaged. This would allay the most significant concerns from the residents namely the possibility of young children coming into contact with drinkers in the early hours or during the school run.

 

It was noted, to the credit of the applicant that he had agreed those conditions prior to the hearing. As such, those conditions are incorporated in the grant of this application.

 

However, there remained concerns about the inevitable litter, potential for crime and disorder late into the evening if the sale of alcohol continued until 11pm. There were further concerns around the use of the shared waste bin (to be shared with residents) and lack of security for the building. The Committee found that it was clear there were not regular patrols as claimed by the Applicant. The issue of the bins was answered succinctly by the Applicant making it clear they have separate commercial agreement with the refuse collector.  It was noted that the business was different from other business in that it was located at the bottom of the residents block of flats. All residents, including the objectors welcomed the business but had some concerns around the hours and lack of security. 

 

It was evident to the Committee that the late sale of alcohol in such a premises would contribute to potential public nuisance and & disorder and agreed to reduce to the hours for late sale of alcohol by 1 hour to 10pm rather than 11pm. The Committee did note all the conditions agreed to, but found that they would not completely allay the concerns of the residents and this one hour reduction strikes the correct balance.

 

In light of the above, it was deemed that a grant of the application with the above variations and conditions balanced the interest of the applicants, the residents and the licencing objectives.

 

Appeal rights.

This decision is open to appeal to the Magistrates Court within the period of 21 days, beginning on the day upon which the apparent is notified of the decision. This decision does not take effect until the end of the appeal. Or, in the event that an appeal has been lodged, until their appeal is dispensed with.