Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

The applicant and their representative addressed the sub-committee.  Members had questions for the applicant and their representative.

The licensing sub-committee heard from the Metropolitan Police Service representative.  Members had questions for the police representative.

The trading standards officer addressed the sub-committee.  Members had questions for the trading standards officer.

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.

All parties were given five minutes for summing up.

The meeting adjourned at 2.23pm for the members to consider their decision.

The meeting resumed at 2.30pm and the chair advised all parties of the sub-committee’s decision.

RESOLVED:

That the application made by SomasundramAriyarajah for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Price Cutter, 4 Camberwell Church Street, London SE5 8QU be refused.

Reasons

The reasons for the decision are as follows:

The licensing sub-committee heard from the representative for the applicant who advised that the applicant was well aware that there had previously been issues at the premises under the previous management and since the premises were now under the applicant’s control, it was run well.  The applicant had submitted a transfer application, which was refused on 15 May 2018 as he had been unable to demonstrate a sufficient distance and independence between himself and the previous licence holder, in documentary evidence.  Following this refusal, the applicant had purchased a 15 year lease to the premises, with the option to purchase the freehold after 12 months. Since the applicant had taken over the management of the premises, it had been run well. The applicant had been working closely with the responsible authorities and this would continue if the premises licence were granted.  Whilst the premises were situated in a cumulative impact policy area, the applicant’s representative stated that the premises had previously operated as a licensed premises there would be no effect on crime and disorder.

The licensing sub-committee heard from a representative for the Metropolitan Police Service who referred to the significant history of non-compliance and offences that had taken place at the premises.  Reference was also made to a failed test purchase that took place at the premises on 27 March 2018 when the premises was under the applicant’s control. Whilst the applicant offered not to sell beers/ciders/lagers of 6.5+% ABV, this was not originally considered an issue by the applicant.  The premises were also located in a cumulative policy area, where street drinking and alcohol dependence remains a huge issue.

The officer from Southwark council’s trading standards department also detailed the history of offences and non-compliance with licensing conditions. The applicant was now a leaseholder to the premises with an option to purchase the freehold after 12 months.  The reasoning for not purchasing the freehold from the outset was based on the uncertainty of Brexit, did not appear plausible and ultimately suggested the previous management remained a controlling force in the business.

The licensing sub-committee heard from the officer for the council’s licensing department in their role as responsible authority who also raised concerns regarding the history of the premises and the location in relation to the cumulative impact zone.

The licensing sub-committee noted the objection from public health.

The licensing sub-committee noted the objection from the other person.

The licensing sub-committee considered all of the facts of the case.  The premises has not been permitted to sell alcohol since 29 June 2018 and less than three months has passed and is located opposite Camberwell Green, an area frequented by street drinkers.

The sub-committee were referred to R (on the application of Westminster City Council) -v- Middlesex Crown Court [2002] EWHC 1104 in which HHJ Baker adjudicated  “Notwithstanding the applicant being a fit and proper person and the premises would be well run a licence could be refused on the sole ground that the area was already saturated with licence premises….and the cumulative effect of the existing premises was impacting adversely on the area to an unacceptable level”.  This premises has had a questionable history and the sub-committee did not accept the applicant’s argument that the applicant wasn’t aware that his transfer took effect and a failed test purchase whilst under the applicant’s management. It is essential that this sub-committee protects the vulnerable (such as alcohol dependents) as if they were a member of our own family.  The premises is located in in a cumulative impact policy area and for this reason, this application be refused.

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

The applicant may appeal against any decision:

a)  To impose conditions on the licence

b)  To exclude a licensable activity or refuse to specify a person as premises supervisor.

Any person who made relevant representations in relation to the application who desire to contend that:

a)  The licence ought not to be been granted; or

b)  That on granting the licence, the licensing authority ought to have imposed different or additional conditions to the licence, or ought to have modified them in a different way

may appeal against the decision.

Any appeal must be made to the Magistrates’ Court for the area in which the premises are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.