Agenda item

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

The applicant and their legal representative for the applicant addressed the sub-committee.  Members had questions for the applicant and their  legal representative.

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

The Metropolitan Police Service representative addressed the sub-committee. Members had no questions for the police representative.

All parties were given five minutes for summing up.

The meeting adjourned at 1.15pm for the members to consider their decision.

The meeting resumed at 1.21pm and the chair advised all parties of the sub-committee’s decision.

RESOLVED

That the application made by Shell UK Oil Products Limited for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Shell Gipsy Hill, 112-122 Gipsy Hill, London SE19 1PL 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 and the following additional conditions agreed by the sub-committee:

1.  That the premises will operate a closed door policy from 23:00 hours – 05:00 hours with all sales of alcohol and late night refreshment to be made through the night hatch.

2.  Spirits with the exception of spirit mixers and pre-mixed spirited drinks will be located behind the counter.

3.  That the provision of late night refreshment to be limited to hot beverages only.

Reasons

The reasons for the decision are as follows:

The representative for the applicant advised that there had been discussion with the responsible authorities and various conditions had been agreed. The only matter that needed to be considered by the sub-committee was the issue concerning the hours, which  exceeded those set out in Southwark’s statement of licensing policy.  Regarding the hours, the applicant sought the sale of alcohol for 24 hours.  The applicant’s representative referred to the original licence application in 2012, which had attracted objections from the ward councillors.  Since the issue of the licence, the premises had operated in compliance with the licence and no premises in the UK managed by Shell UK Oil Products Limited has been called in for a review.  Furthermore, the licensing sub-committee had granted  another 24 hours premises licence managed by the applicant outside of the policy hours. The representations received in respect of this variation application had not been objected to by local residents or ward councillors and none of the responsible authorities had raised any concerns relating to crime and disorder.

The licensing sub-committee heard from the representative for licensing as a responsible authority who advised that prior to the hearing the applicant had offered conditions that addresses the concerns raised it was a matter for the sub-committee whether to grant the application outside the hours specified in Southwark’s statement of licensing policy.

The representative for the Metropolitan Police Service echoed the sentiments of the representative for licensing as a responsible authority.

The licensing sub-committee noted the representation from public health.

The licensing sub-committee considered all the submissions and accepted that Southwark’s statement of licensing policy did not refer to petrol stations, which were a unique type of premises and there was no reason not to grant the application.

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.