Agenda item

The licensing officer presented their report.  Member shad questions for the licensing officer.

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

The local residents objecting to the application addressed the sub-committee.  Members had questions for the local resident objectors.

All parties were given up to five minutes for summing up.

The meeting adjourned at 11.08am for the sub-committee to consider its decision.

The meeting reconvened at 11.37am and the chair advised all parties of the decision.

RESOLVED:

That the application made by Mehmet Boztepe for a premises licence to be granted under Section 17 of the Licensing Act 2003 in respect of the premises known as Nisa, Ground Floor Retail Unit, 1 Varcoe Road, London SE16 3FS be granted as follows:

1.  Supply of alcohol for consumption off the premises:

·  Monday to Saturday: 08:00 to 23:00

·  Sunday: 08:00 to 20:00

2.  Opening hours:

·  Monday to Saturday: 07:00 to 23:00

·  Sunday: 08:00 to 20:00

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, any conditions agreed with the Metropolitan Police Service and Licensing as a responsible authority during the conciliation process and the following conditions and recommendation made by the Licensing Sub-Committee:

1.  That the premises shall provide a litter bin outside of the premises, subject to permission from the Highways Licensing Department. This shall be emptied regularly by the premises.

2.  That a telephone number for the premises shall be prominently displayed in the shop window.

Reasons

On 5 November 2020 Mehmet Boztepe applied under section 17 of the Licensing Act 2003 to vary the premises licence issued in respect of the premises known as Nisa, Ground Floor Retail Unit, 1 Varcoe Road, London SE16 3FS.

The applicant and their representative explained that the applicant is an experienced operator, running a large Nisa in Barking for the past three years. The premises is within a relatively new build central estate and has flats above it, much as the premises subject to this application. The applicant has had no issues with responsible authorities in Barking and has received no complaints from local residents. The applicant is keen to serve the local community and offered to supply a litter bin that will be regularly emptied by the premises. Deliveries will only be received between the hours of 08:00 and 20:00. The applicant did not anticipate concerns on match days at Millwall Football Club but agreed to follow any advice and suggestions given by the police as well as to consider employing an SIA licensed retail guard on match days. The applicant committed to not using single-use plastics where possible.

Five residents living above the premises submitted representations on the grounds of all four licensing objectives, accompanied by a petition signed by 18 other residents. Two of these residents were in attendance and voiced concerns that the long hours proposed for the sale of alcohol would increase noise nuisance and anti-social behaviour, they asked for the installation of a noise barrier to be considered and for the proposed hours for supply of alcohol to be shortened.

The licensing sub-committee noted no representations had been made by responsible authorities but were mindful of the objections that had been raised by the local residents. In respect of a noise barrier, this would involve considerable expense on the part of the applicant as well a complex process of obtaining the requisite permissions. The sub-committee therefore considered that it was not necessary or proportionate to impose any condition requiring the installation of a barrier. This is perhaps an issue that could be raised with the freeholder of the building instead.

The applicant seemed experienced, competent and happy to provide a telephone number to the residents to address any concerns that may arise. The sub-committee had regard to the council’s statement of licensing policy 2021-2026 which recommends a closing time of 23:00 for such premises, which is a supermarket rather than an off-licence. It is on this basis that the application was granted. 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 desires to contend:

a)  That the licence ought not to have been granted; or

b)  That, on granting the licence, the licensing authority ought not 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.