Agenda item

The licensing officer advised that all parties had conciliated prior to the meeting but not within one clear working day of the meeting.  Therefore the sub-committee would have to determine if they were satisfied with the conciliated agreement.  The licensing officer outlined the conditions agreed between the applicant and the responsible authorities.

The police, the trading standards officer, the environmental protection officer, the environmental protection officer, the licensing officer representing the council as a responsible authority and the applicant all confirmed that they were satisfied with the conciliated conditions.

The members of the sub-committee confirmed that they were satisfied with the conciliated conditions.  The chair advised that the licence was granted subject to the inclusion of the conciliated conditions and that the notice of decision would be circulated to all parties following the meeting.

RESOLVED:

That the application by Imran Shah for a grant of a Premises Licence issued under the Licensing Act 2003 in respect of Payless, 94-96 Peckham Road, London SE15 5PY is granted as follows:

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, the conditions conciliated with the environmental protection team and the police during the conciliation process and the following conditions agreed by the licensing sub-committee:

1.  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.

2.  That all CCTV footage shall be kept for a period of 31 days and shall be made immediately available to officers of the police and the council on request.

3.  That no beers / ciders in single cans, bottles or multi-packs with an ABV of above 6.5% will be displayed / sold or offered for sale from the premises, unless prior written permission is obtained from Southwark Police Licensing Office. Such permission must be kept at the premises and be made available immediately on request to officers of the police or council

4.  That no alcohol shall be displayed or stored within 1 metre of the entrance door.

5.  That all staff shall be trained in their responsibilities under the Licensing Act 2003 and training records pertaining to such training shall be kept and be updated every 6 months. The training records shall be made immediately available to officers of the police and the council upon request.

6.  That a personal licence holder shall be on the premises at all times after 20:00 when intoxicating liquor is being offered for sale.

7.  That condition 4AI be amended to read “That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the policy.  The register shall include the premises name and address on the front cover and shall be available for inspection at the premises on request by council authorised officers or the police.”

Reasons

The reasons for the decision are as follows:

The licensing officer advised that all responsible authorities had conciliated with the applicant.  This was confirmed.

The licensing sub-committee were satisfied that the hours and conditions agreed during conciliation were appropriate and proportionate in order to address the licensing objectives.  The sub-committee have determined that this licence shall not have effect until licence number 845109 is surrendered by the applicant.  The applicant agreed that licence 845109 will be surrendered within seven days of this notice of decision.

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.