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 ward councillor objecting to the application addressed the sub-committee.  Members had questions for the ward councillor.

The public health authority representative addressed the sub-committee.  Members had questions for the public health authority representative.

All parties were given five minutes for summing up.

The meeting went into closed session at 1.03pm..

The meeting resumed at 1.58pm and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Muhammad Sajid Khan for the variation of the Premises Licence issued under the Licensing Act 2003 in respect of Organic Village Market, 18 Lordship Lane, London, SE22 8HN is granted as follows:

·  Sale and Supply of alcohol (off the premises):

Sunday to Thursday between 07:00 and 02:00

Friday & Saturday between 07:00 and 03:30

·  Operating hours of premises:

Monday to Sunday between 00:00 and 00:00 (24 hour opening)

Conditions

The operation of the premises under the licence shall be subject to relevant mandatory conditions, conditions derived from the operation schedule highlighted in Section M of the application form, and the conditions agreed between the applicant, the environmental protection team and the Metropolitan Police Service during the conciliation process.

Reasons

The reasons for the decision are as follows:

The Licensing sub-committee heard evidence from the applicant and their representative who informed the sub-committee that the premises licence was transferred to the applicant in September 2015 and with the exception of one occasion they had been fully compliant.  The premises was an off licence that sold organic food and high end organic wine and that the application to extend the hours was driven by customer demand.  The concerns raised by the public health authority and the ward councillor had all been addressed during the conciliation with the police and the environmental protection team.  They felt that there was no evidence specific to the premises that warranted the outstanding concerns.

The licensing sub-committee heard submissions from the local ward councillor who advised that the extended hours were not in keeping with the surrounding residential area and it may have an effect of attracting people from outside of the area who would buy and consume alcohol in the surrounding streets, causing disruption to local residents.

The licensing sub-committee heard submissions from the public health representative who advised that the increased hours of alcohol sales were associated with an increase in alcohol related harm and that people who buy alcohol at later times during the night would be likely to drink in excess that night. On that basis, the proposed extended hours should be refused.

Given that the application was made when the old licensing policy was in place, in addition to there being no statistical evidence of crime and disorder in the area and no specific issues with the premises, the sub-committee felt that it would promote the licensing objectives in granting the application in the terms provided.

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 to modify the conditions of the licence; and

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

a)  That variation ought not to have been made; or

b)  That, when varying the licence, the licensing authority ought not to have modified the conditions of 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.