Agenda item

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

The applicant’s representative addressed the sub-committee.  Members had questions for the applicant’s representative.

The officer from the Metropolitan Police Service addressed the sub-committee. Members had questions for the Metropolitan Police Service officer.

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

The meeting adjourned at 11.57am for the sub-committee to consider its decision.

The meeting reconvened at 12.20pm and the chair advised everyone of the decision.

RESOLVED:

That the application made by premises licence holder Jeyanthan Thangarasa under section 34 of the Licensing Act 2003 for a variation of the premises licence issued in respect of Premier Food and Wine, 244-246 Camberwell Road, London SE5 0DP be granted as follows:

Hours

Licensable activities:

Sale of alcohol to be consumed off premises

These hours to remain as they are on the existing Licence:

Monday to Sunday 08:00 – 00:00

Opening Hours

These hours also to remain as they are on the existing Licence:

Monday to Sunday 00:00 – 00:00

Conditions

The operation of the premises under the licence shall be subject to the relevant mandatory conditions, the conditions previously imposed and the following additional condition as agreed by the licensing sub-committee:

Condition 841 on the Premises Licence to be altered so that it reads: “The premises shall install a secure night time serving hatch and between the hours of 01:00 and 07:00 all sales will take place via this hatch. Members of the public will not be allowed entry to the premises during the above hours.”

Reasons

On 6 June 2022, the premises licence holder Jeyanthan Thangarasa applied under section 34 of the Licensing Act 2003 to this Council to vary the premises licence issued in respect of the premises known as Premier Food and Wine, 244-246 Camberwell Road, London SE5 0DP. The application requested that Condition 841 on the existing licence be varied so that the night-time hatch be used between 01:00 and 07:00 rather than between 23:00 and 07:00. The applicant further applied to add the provision of late night refreshment between the hours of 23:00 and 05:00 Monday to Sunday.

The applicant’s representative, who manages the premises at night-time, stated that the shop has an Oyster card machine which operates until midnight, and a Paypoint machine which operates until 01:00, and that staff and customers find it difficult to use these and operate as a late-night shop between 23:00 and 01:00 through a night-time serving hatch. The applicant’s representative said that by providing such services the shop was providing important services to the local community, and that there have never been any problems or complaints regarding the shop. She said she appreciated the hatch provided safety and security to staff working overnight and that the shop also has CCTV and a panic button installed. She also said that if the variation were granted, alcohol for sale in the store would be covered up after midnight.

The applicant’s representative withdrew the application to add the licensable activity of the provision of late night refreshment to the licence.

The Licensing Authority wasn’t in attendance but had submitted further representations in advance of the hearing to say that, whilst the objections remained in respect of cumulative impact, they were in agreement with the condition suggested by the police.

The Metropolitan Police representative stated they did not object to varying Condition 841 as per the application. There were no other representations.

The Committee considered the premises to be providing a valuable service that may prove essential with the increases in energy prices. The applicant appeared responsible and conscious of the safety of staff and customers. The committee did not consider the proposed variation would add to the cumulative impact within the Camberwell area and concluded that granting this application would not negatively impact upon any of the licensing objectives.

It was on this basis that the licence variation 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 desire to contend that:

The licence ought not to be been granted; or 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.