Agenda item

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

The applicant addressed the sub-committee.  Members had no questions for the applicant.

The sub-committee heard from a local resident.  Members had no questions for the local resident.

The licensing sub-committee went into closed session at 10.35am.

The licensing sub-committee resumed at 11.15am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application submitted by WM Morrison Supermarkets PLC for a premises licence in respect of M Local, 18-22 Grove Vale, London SE22 8EE be granted as follows.

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions from the operation schedule highlighted in Section M of the application form and the following conditions.

The following additional special conditions developed through discussion from the original operating schedule attached to the application as follows:

(i)  That a CCTV system be installed at the premises and be maintained in good working order 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.

(ii)  That all CCTV footage shall be kept for a period of thirty one (31) days and shall, upon request, be made immediately available to officers of the police and the council.

(iii)  That no super strength beer, lager or cider of 5.5% abv or above shall be sold other than premium beer, lager or cider priced at £1.95 or above.

(iv)  That there will be no self service display of alcohol within 2 metres of the entrance door.

(v)  That all staff are trained in their responsibilities under the Licensing Act 2003 and training records to be kept and updated every six months and shall, upon request, be made immediately available to officers of the police and the council.

Reasons

The licensing sub-committee heard evidence from the applicant who informed the sub-committee that WM Morrison Supermarkets PLC operated in excess of 500 premises which had the same licensed hours as being applied for and operated in densely populated areas in close proximity to local residents and also in saturation zones. There had been no prosecution or review in the last decade against WM Morrison Supermarkets PLC. 

The licensing sub-committee noted that the police had withdrawn their representation based on conciliation of conditions as detailed on page 28 of the agenda and listed above.

The licensing sub-committee heard from a local resident who advised the sub-committee that he moved to London to undertake alcohol education and that he had been a social worker and a volunteer with Alcoholics Anonymous. The local resident objected to the application stating that it would cause nuisance by noise, drunkenness, leading to aggression and crime, loitering and threatening behaviour and litter from take-aways. He accepted that it was impossible to predict any consequences when individuals had consumed alcohol and made it clear that in his opinion that prevention was better than cure.

The sub-committee noted the second objection from another local resident, who was not in attendance.

The sub-committee having taken into account all the representations, took into account that the “need” for additional licensed premises was not a relevant consideration.  WM Morrison Supermarkets PLC had a considerable number of premises with similar licences and had had no prosecutions or reviews against the company since the commencement of the Licensing Act 2003.  The sub-committee acknowledged the local resident’s concerns of the sale of alcohol generally. However, the sub-committee noted that there were no representations relevant to the area or against WM Morrison Supermarkets PLC generally. Unfortunately, the representations submitted by the local residents were speculative concerns and not evidence based.

The sub-committee were also reminded of paragraph 10.13 of the guidance issued under section182 of the Licensing Act which provides “… supermarkets should normally be free to provide the sale of alcohol for consumption off the premises at any times when the retail outlet is open for shopping, unless there are good reasons, based on the licensing objectives for restricting those hours”.

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives.

The licensing sub-committee considered that it was appropriate and proportionate to attach these conditions in order to address the licensing objectives.

Appeal rights

Any appeal must be made to the Magistrates’ Court for the petty sessions area (or any such area) in which the premises concerned 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.