Agenda item

The licensing officer explained that conditions had been agreed between the Police, trading standards and the applicant.

The trading standards officer explained that in view of the transfer with conditions, trading standards were content to withdraw the review application.

There were no questions from members to officers.

The applicant explained that he was satisfied with the proposed arrangements.

The meeting went into closed session at 12.15pm.

The meeting resumed at 12.17pm. The chair did not read out the decision of the sub-committee as none of the parties were present.

RESOLVED:

That the licensing sub-committee, having considered an application made under Section 51 of the Licensing Act 2003 by the council’s trading standards service for the review of the premises licence issued in respect of the premises known as Best Food and Wine, 171 Queens Road, London SE15 2ND and having had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:

Modify the conditions of the licence as follows:

1.  That should Ajanthini Arulrajah and Geethanjali Arulrajah terminate the lease between them and Naresh Kumar and Paramjit Kaur dated 3 May 2017 to the premises before its expiry (3 May 2037) by serving a break notice, the premises licence holder will surrender the premises licence to the licensing authority on expiry of the break notice.

2.  That all the previous management of Best Food and Wine; namely Naresh Kumar and Paramjit Kaur have no involvement in the operation of the premises licence.

3.  No beers, lagers or ciders in single cans, bottles or multi-packs with an ABV of more than 6.5% will be displayed, sold or offered for sale from the premises unless written permission has been given by Metropolitan Police licensing, Southwark trading standards or Southwark licensing. A copy of that permission must be retained with the licence and be immediately available for inspection by any reasonable authority.

4.  Alcohol shall not be sold in an open container or be consumed in the licensed premises and no container of an alcoholic drink shall be opened by anyone on the premises.

5.  An approved CCTV system shall be installed at the premises that records clear images of both the interior and exterior of the premises. It shall be designed, installed and maintained in compliance with the Information Commissioner’s Office (ICO) code of practice relating to closed circuit television (CCTV). The CCTV installed inside the premises shall be positioned to capture the sale of alcohol and tobacco products. The CCTV system shall have a minimum of 31 days recording facility and will be maintained in full working order at all times and be continually recording at all times the premises are in use under the licence. The CCTV system must be capable of capturing a clear facial image of every person who enters the premises. All CCTV footage shall be kept for a period of thirty one (31) days and shall, upon request, be made immediately available to the Police and / or authorised officers from Southwark Council.

6.  At least one member of staff working at the premises shall be fully conversant in the correct operation of the CCTV and be able to demonstrate its operation on immediate request by Police and / or authorised officers from Southwark Council.

7.  The premises shall operate an age check ‘Challenge 25’ policy. That a challenge 25 scheme shall be maintained at the premises requiring that staff selling alcohol request that any customer who looks under 25 years old, and who is attempting to purchase alcohol, provides valid photographic identification proving that the customer is at least 18 years old. Valid photographic identification is composed of a driving licence, passport, UK armed services ID card and any proof of age standards (PASS) accredited card such as the proof of age London (PAL) card.

8.  All staff involved in the sale of alcohol shall be trained in the prevention of sales of alcohol to underage persons, and the challenge 25 scheme. The training will include an understanding of the licensing objectives in the Licensing Act any relevant associated legislation. A record of such training shall be kept / be accessible at the premises at all times and be made immediately available for inspection at the premises to council or police officers on request. The training record shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. There shall be refresher training given to each member of staff at least every six months and this shall be documented.

9.  Clearly legible signs shall be prominently displayed where they can easily be seen and read by customers stating to the effect that a challenge 25 policy is in operation at the premises, that customers may be asked to provide proof and stating what the acceptable forms of proof of age are. Such signage shall be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.

10.  A register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The register shall be clearly and legibly marked on the front cover as a register of refused sales, with the address of the premises and with the name and address of the licence holder. The register shall be kept / be accessible at the premises at all times. On a monthly basis, the designated premises supervisor (DPS) shall check the register to ensure it is being properly completed. The DPS shall sign and date the register to that effect and where appropriate take corrective action in a timely manner if the register is not being completed correctly. The register shall be made immediately available for inspection at the premises to council or police officers on request.

Reasons for the Decision

It was noted that the day before the licensing sub-committee meeting on 4 May 2017, a transfer of the premises licence had been submitted. The Metropolitan Police raised concern of the transfer because the premises licence becomes effective immediately (until the police submit an objection). The review application was therefore postponed as the transfer application had an immediate and direct impact on the review and to provide the Metropolitan Police the opportunity to object to the transfer. The police reviewed the transfer application and were satisfied that it was a legitimate application. On that basis, trading standards and all of the responsible authorities that had submitted written representations in support of the review had conciliated with the premises licence holder and the licensing sub-committee were satisfied that the conciliated conditions would address the breaches identified in the review application.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

Appeal rights

This decision is open to appeal by either:

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application.

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

This decision does not have effect until either:

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.