Agenda item

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

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

The licensing sub-committee noted the written representations from the local resident objectors, who were not present at the meeting.

The applicant was given five minutes for summing up.

The meeting adjourned at 10.40am for the sub-committee to consider its decision.

The meeting reconvened at 11.12am and the chair advised everyone of the decision.

RESOLVED:

That the application made by Getir UK Ltd for a premises licence under Section 17 of the Licensing Act 2003 in respect of the premises known as Getir UK Ltd, Railway Arch 199, 85-87 Bellenden Road, Peckham, London SE15 4QJ be grantedas follows:

·  Supply of alcohol for consumption off the premises:

o  Monday to Sunday: 00:00 to 00:00

·  Opening hours:

o  Monday to Sunday: 00:00 to 00:00.

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 and the following conditions made by the licensing sub-committee:

1.  That the premises licence holder will display and make easily visible a dedicated contact number for the manager on site at the premises. This telephone number will be supplied to the licensing authority and be made available to local residents to use in the event of any concerns that arise.

Reasons

On 26March 2021 Getir UK Limited applied under Section 17 of the Licensing Act 2003 for a premises licence in respect of the premises known as Getir UK Ltd, Railway Arch 199, 85-87 Bellenden Road, Peckham, London SE15 4QJ.

The applicant’s representative explained that Getir UK Ltd are an experienced operator throughout London with another premises in Southwark. The business operates very differently from well-known internet-based food delivery companies. They explained that orders are placed through their exclusive app and that orders cannot be placed by other means. They only deliver to verified businesses and residential addresses and their delivery drivers are employees rather than free-lance couriers.

The drivers are contracted to either be out on delivery or waiting within the designated waiting area inside the premises. They are not permitted to loiter. If drivers were found to be meandering or proving a nuisance, they would be disciplined and possibly dismissed. Additionally, all deliveries will be made via electrically powered bikes and mopeds that are almost silent, minimising noise and disruption to the public and local residents.

The applicant advised that there were cameras mounted outside the property but assured the sub-committee that these do not look into neighbouring properties. They also have outside lighting but this is pointed immediately down into the premises to assist drivers in navigating their way in and out of the premises. This lighting is not expected to pose a nuisance to local residents. 

Alcohol sales represent a small part of the business, in some areas as small as 2% of the business. The applicant submitted the granting of an alcohol licence would cause no change to the local community. Further, they submitted their presence in the area 24 hours a day would serve as protection and a deterrent against crime. 

The sub-committee were mindful of the seven written representations received but noted the premises was operating 24 hours a day in any event. None of the residents who had submitted representations were in attendance at the hearing. It was further noted that no representations had been received from responsible authorities.

The sub-committee considered the applicant to be an experienced operator who had put considerable thought into ensuring they had little to no negative impact on the local community. The applicant appeared to understand the objectors’ concerns and proposed an additional condition of providing a dedicated telephone number to the on-site manager for residents to contact in the event of any concerns. They intend to make this number available on their website and display it upon the premises. The sub-committee agreed this condition would assist in allaying the fears of local residents. Tthe sub-committee also recommended that the applicant contact and meet its neighbours to discuss any concerns.

The sub-committee were pleased the premises used electronic bikes and mopeds as it will mitigate any noise nuisance, they also agreed the presence of a 24 hour operation would deter rather than attract crime. The sub-committee considered the addition of selling alcohol to the premises’ operation would not adversely impact the promotion of the licensing objectives, nor would it add to the cumulative effect of premises within the area. The licence was granted on this basis.

In reaching its decision, the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered 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.