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

The Metropolitan Police Service representative addressed the sub-committee.  Members had questions for the police representative.

All parties were given five minutes for summing up.

The meeting went into closed session at 10.58am..

The meeting resumed at 11.48am and the chair read out the decision of the sub-committee.

RESOLVED:

That the application by Mukhtar Ahmed and Kaleem Dad for a variation of a Premises Licence issued under the Licensing Act 2003 in respect of Pricecutter, 145 Camberwell New Road, London SE5 0SU is granted as follows:

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

Sunday to Thursday between 00:00 and 02:00

Friday and Saturday between 01:30 and 03:00

·  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 following condition agreed by the sub-committee:

1.  That outside of the hours authorized for the sale of alcohol, all alcohol within the trading area is to be secured behind locked grills, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers or staff.

Reasons

The reasons for the decision are, as follows:

The Licensing sub-committee heard submissions from the applicant and their representative. The representative informed the sub-committee that prior to making the application they had liaised with both the Metropolitan Police Service and the licensing responsible authority, both of whom said that they would not oppose the application.  The application was submitted on 31 December 2015 at 12.45pm and was sent to all responsible authorities. It was made in good faith and therefore the application should be considered under the old licensing policy (2011-2014). 

They advised that the applicant and his business partner had run this business for two years and other similar businesses for 15 to 20 years and there had been no issues with the premises.

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.

The licensing sub-committee heard submissions from the Metropolitan Police Service representative who agreed that the application was made prior to the new licensing policy (2016 to 2020) and therefore withdrew part of his representation concerning the policy.  However, the police maintained that the premises was in a residential area and a window service would encourage individuals to loiter in the area and cause a disturbance to local residents.  If the premises was to open 24 hours then a condition should be imposed to lock and secure all alcohol outside the licensable hours for the sale of alcohol.

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.