Agenda item

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

 

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

 

 

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

 

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

 

The legal representative for the premises, and the owner of the premises addressed the sub-committee. Members had questions for the representatives for the premises.

 

All parties were given an opportunity for summing up.

 

The meeting went into closed session at 2.33pmpm.

 

The meeting resumed at 2.50pm and the chair read out the decision of the sub-committee.

 

RESOLVED:

 

That the council’s licensing sub-committee, having had regard to the application made under Section 51 of the Licensing Act 2003 by the Southwark Council trading standards team for a review of the premises licence issued in respect of the premises known as Bhinder Off Licence, 149 Peckham High Street, London SE15 5SL and having had regard also to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:

 

Suspend the licence for a period of two weeks

 

and

 

Modify the conditions of the licence as follows:

 

That the following additional conditions as agreed by the licensing sub-committee shall apply:

 

1.  That the premises shall operate an agecheck 'Challenge 25' policy That a challenge 25 scheme shall be maintained at the premises requiring that staff selling alcohol request that any customer who looks under 25 years old, and who is attempting to purchase alcohol, provides valid photographic identification proving that the customer is at least 18 years old. Valid photographic identification is composed of a driving licence, passport, UK armed services ID card and any Proof of Age Standards Scheme (PASS) accredited card such as the Proof of Age London (PAL) card.

 

2.  That all staff involved in the sale of alcohol shall be trained in the prevention of sales of alcohol to underage persons, and the challenge 25 scheme in operation at the premises. A record of such training shall be kept / be accessible at the premises at all times and be made immediately available for inspection at the premises to council or police officers on request. The training record shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), and the signature of the trainee, the signature of the trainer, the date of training and a declaration that the training has been received. 

 

3.  That clearly legible signs shall be prominently displayed where they can easily be seen and read by customers stating to the effect that a challenge 25 policy is in operation at the premises, that customers may be asked to provide proof of age and stating what the acceptable forms of proof of age are. Such signage shall be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.

 

4.  That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The register shall be clearly and legibly marked on the front cover as a register of refused sales, with the address of the premises and with the name and address of the licence holder. The register shall be kept / be accessible at the premises at all times. On a monthly basis, the Designated Premises Supervisor (DPS) shall check the register to ensure it is being properly completed. The DPS shall sign and date the register to that effect and where appropriate take corrective action in a timely manner if the register is not being completed correctly. The register shall be made immediately available for inspection at the premises to council or police officers on request.

 

5.  That there shall be a personal licence holder on the premises at all times alcohol is available for supply for the purpose of supervising such sales

 

6.  That no beers, lagers or ciders in single cans, bottles or multi-packs with an ABV of more than 6.5% will be displayed, sold or offered for sale from the premises unless written authority is obtained from the Police Licensing Unit in advance. The written authority must be kept and made available for inspection immediately on request by any responsible authority.

 

7.  That an approved CCTV system shall be installed at the premises that records clear images of both the interior and exterior of the premises. The CCTV installed inside the premise shall be positioned to capture the sale of alcohol and tobacco products. The CCTV system shall have a minimum of 31 days recording facility and will be maintained in full working order at all times and be continually recording at all times the premise is in use under the licence.  The CCTV System must be capable of capturing a clear facial image of every person who enters the premise. All CCTV footage shall be kept for a period of thirty one (31) days and shall, upon request, be made immediately available to The police and/or authorised officers from Southwark Council

 

8.  That all staff working at the premise shall be trained and be fully conversant in the correct operation of the CCTV and be able to demonstrate its operation on immediate request by police and/or authorised officers from Southwark Council.

 

9.  That all off-sales of alcohol shall be supplied in closed containers.

 

Reasons

 

The reasons for this decision are as follows:

 

The licensing sub-committee heard from the trading standards officer, the applicant for the review who advised that the review application was made on behalf of Southwark Council’s trading standards service.  On 29 January 2016 trading standards and the police attended Bhinder Off Licence to check for compliance of the premises licence, trading standards legislation and other criminality. On display were bottles of alcohol that had been imported without payment of duty or which had otherwise been unlawfully imported. A refusals book had also not been maintained, in breach of condition 340.  Officers also noticed that there was a huge amount of beers, ciders and lagers with an ABV of more than 6.5% being offered for sale. The designated premises supervisor (DPS) was subsequently interviewed under caution and admitted all offences and informed the trading standards officer that he had bought all the super strength beers, ciders and lagers from the owner/DPS of Bottles Off-Licence (whom he was related to), who were prohibited from selling such products under there licence.  He was unable to provide invoices for the alcohol, stating that he had bought the alcohol for £400 from a man he had never met and had not seen since. 

 

The trading standards officer called a local ward councillor as a witness who supported the review application and gave evidence of anti-social behaviour fuelled by alcohol.  He also witnessed a high level of street drinkers in the local area.  Whilst the ward councillor was unable to say that alcohol was purchased from the premises, he felt curbing the sales of the high strength beers, cider and lagers from licensed premises would alleviate such issues in the vicinity.

 

The licensing sub-committee heard from the Metropolitan Police Service representative, who supported the review and stressed their concerns that Bhinder Off-Licence had clear links with Bottles Off Licence who had just had their premises licence revoked.

 

The licensing sub-committee then heard from the licensing officer representing the council as a responsible authority, supporting the review and stated that the current premises licence had few conditions within the operating schedule for the control of the sale of alcohol to children, intoxicated persons and street drinkers.

 

The licensing sub-committee heard from the legal representative for the premises who advised that the licence holders ran were husband and wife and the premises was run as a family business.  The business was the only source of income for the family, which was reasonably successful.  Mr Bhinder accepted that the alcohol subject seized by trading standards on 29 January 2016 was purchased for £400 and in good faith, that he requested an invoice from the person who sold the goods, but one was never provided. They also agreed all of the conditions proposed by the responsible authorities, with the exception of the condition concerning super strength beers, ciders and lagers, which the legal representative said was disproportionate.

 

The licensing sub-committee considered all the written and oral representations before it and deemed that these were serious breaches.

 

The premises licence held is a very generous 24-hour licence that is located within the Peckham cumulative impact area with that, comes additional responsibilities.  The Peckham cumulative impact policy was renewed in November 2015 as there is a high level of crime and disorder and nuisance occurring in the area that pose a threat to public safety.  Furthermore, paragraph 204 of Southwark’s statement of licensing policy 2015-2020 specifies that a measure in support of the public safety licensing objective is to restrict the sale of beer or cider over a specified ABV.  Coupled with the evidence of the local ward councillor, this licensing sub-committee are satisfied that it would be proportionate

 

The licensing sub-committee accepts that the breaches are not related to the hours of operation and as such, have agreed not to reduce the premises hours of operation. 

 

The sale of alcohol that has been imported without payment of duty (or which had otherwise been unlawfully imported) is serious. In selling such non-duty paid alcohol not only seeks to avoid taxes and gets an unfair commercial advantage of neighbouring premises, it is also irresponsible, with the potential health consequences.  The licensing sub-committee are concerned with the premises connection with the Bottles Off-Licence and the purchase of their super strength beers, ciders and lagers from the owner/DPS of Bottles Off-Licence knowing they were prohibited from selling such products under there licence.  For this reason, this sub-committee imposes a two week suspension of the premises licence.

 

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

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application  

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the magistrates’ court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either:

 

a)  The end of the period for appealing against this decision

b)  In the event of any notice of appeal being given, until the appeal is disposed of.