Agenda item
Licensing Act 2003 - Application for a new Premises Licence, Medway Food Centre, 43-45 Luton High Street, Chatham, ME5 7LP
The applicant has applied for a new Premises Licence in respect of Medway Food Centre ME5 7LP. All responsible authorities have been consulted in line with the Licensing Act. Representations have been received from members of the public, the Police, Public Health, Licensing Enforcement and a Ward Councillor together with a petition and no agreements have been reached.
Minutes:
Discussion:
The Chairman asked those present to introduce themselves and explained the process that the hearing would follow as outlined in the agenda.
The Licensing Officer stated that, in accordance with the Licensing Act 2003, the Council had received an application for a new premises licence for the supply of alcohol off the premises in respect of Medway Food Centre, 43 – 45 Luton High Street, Chatham, ME5 7LP. She confirmed that the application had been correctly advertised in the local press and notices displayed at the premises for the required timescale.
The application was for the supply of alcohol off the premises between 0800 hours and 2300 hours Monday to Sunday, and between 0800 hours and 0200 hours during non-standard times, these being St Patrick’s Day, Christmas Eve, Boxing Day and New Year’s Eve. The application had subsequently been amended to expand on the steps that the applicant would take to promote all four licensing objectives.
The Licensing Officer stated that the premises were located within a Cumulative Impact Policy (CIP) area. Where the policy applied, and there were relevant reputations, there was a rebuttable presumption of refusal by the Licensing Authority in all but exceptional circumstances, unless the applicant could demonstrate that the premises will not adversely affect the licensing objectives.
The following documents were included in the agenda report for the Panel’s consideration: -
• Appendix A – The application for a new premises licence.
• Appendix B – Amendments to the application
• Appendix C – Location Plan
• Appendix D - Representations received from the Police, Public Health, Licensing Enforcement, a Ward Councillor, a member of the public, and in the form of a petition.
The Chairman invited the applicant to present the application for a premises licence.
Mr Hopkins asked to table some additional submissions which had been emailed to the Licensing Authority on the previous afternoon. These had been shared with the objectors immediately prior to the hearing. The Panel agreed to receive and read these. These consisted of:
a) A Cumulative Impact Zone (CIZ) statement, (referred to in Medway’s Statement of Licensing Policy as Cumulative Impact Policy (CIP)), as follows:
The applicant, Mr Ali Akpinar understands that the shop is located in Medway Council`s Luton Road and Chatham Central cumulative impact zone and of the issues arising in the area including street drinking, anti-social behaviour etc. the shop will operate as a one stop convenience shop with an integral off licence if the licence is granted. Taking into account the relevant parts of the Council`s Statement of Licensing Policy and having “googled” the Luton High Street area we have proposed a list of robust conditions to prevent the Medway Food Centre from increasing negative cumulative impact and to ensure that the licensing objectives are fully promoted. The applicant`s proposed list of robust conditions includes measures to address the issue of street drinking such as only selling a minimum of four bottles or cans of beer, lager or cider and a maximum strength of 5.5% ABV for these products . A clear window policy condition, comprehensive CCTV, Challenge 25, appropriate signage, a maximum of 15% of the shop display area being used for alcohol and full staff training along with other measures are now offered. The applicant has requested the same permitted hours for the sale of alcohol and opening hours for the premises from 08.00 to 23.00 which he considers will not act as a magnet to attract street drinkers in the morning or the evening. Taking into account the sensible hours proposed and robust conditions offered the applicant does not consider that the shop will add to negative cumulative impact within the CIZ area.
b) An amendment and list of proposed conditions, as follows:
1) Requested permitted and opening hours
08.00 to 23.00 daily all week
2) Proposed conditions
We will operate our premises in a responsible manner and actively promote the licensing objectives at all times.
B) Prevention of Crime and Disorder
1a) A digital CCTV system covering the interior including the entry /exit door, counter and all alcohol displays and exterior of the premises will be installed and will be kept operational at all times the premises are open to the public. It shall be capable of taking a head and shoulders shot of persons entering the premises, be capable of storing images for a minimum of 31 days and a member of staff trained and capable of downloading images shall be on duty at all times the premises are open to the public. Images shall be provided to the police or authorised officers on request.
1b) The premises licence holder shall ensure that a log is kept as part of the incident book with the details of the dates of all work / repairs carried out on the CCTV system including the name and phone number of the engineer.
2) Staff will be trained on induction and be given refresher training at six monthly intervals for their role and in the operation of challenge 25. Training will include identifying persons under 25, making a challenge, acceptable proof of age and checking it, making and recording a refusal, preventing the sale of alcohol to intoxicated persons, avoiding conflict, responsible alcohol retailing and safeguarding children.
3) Challenge 25 will be operated as the proof of age policy. Only a photographic driving licence, valid passport, ministry of defence /armed forces photographic identity card or proof of age card bearing the holders photograph and the pass hologram / logo on it will be accepted as proof of age. A written training record shall be kept for each member of staff.
4) All refusals of service will be recorded in the incident book (refusals section) and will be made available to the police or authorised officers on request.
5) Alcohol may only be supplied in closed containers and no containers of alcohol may be opened or alcohol consumed in the premises.
6) An incident book shall be kept at the premises, and made available to the police or authorised officers, which will record the following:
a) All crimes reported,
b) Lost property,
c) All ejections of customers,
d) Any complaints received,
e) Any incidents of disorder,
f) Any faults in the CCTV,
g) Any refusal in the sale of alcohol,
h) Any visit by a relevant authority or emergency service,
i) Where police are called the cad number shall be obtained and recorded.
7) Notices will be prominently displayed by the entry/ exit door and counter (as appropriate) advising customers:
That CCTV and Challenge 25 are in operation;
Of the provisions of the Licensing Act regarding underage and proxy sales;
Of the permitted (licensed) and opening times of the premises;
To respect residents and leave quietly, not to drink outside the shop or in the street, not to loiter outside the shop and to dispose of litter legally;
That the shop does not buy goods from cold callers to the premises;
That cans or bottles of beer, lager, stout or cider may only be sold in a minimum of four.
8) All spirits shall be displayed behind the counter and all other alcohol shall be displayed in clear line of sight of the counter.
9) No beer, lager, stout or cider above 5.5% ABV maximum shall be sold at the premises.
10) A minimum of four cans or bottles of beers, lagers, stouts or ciders shall be sold at the premises.
11) If the shop should ever be open outside of the permitted hours for the sale of alcohol, then all displays of alcohol shall be covered by lockable shutters which shall be locked shut outside of the permitted hours.
12) All alcohol not on display will be stored in a lockable store room.
13) All containers of alcohol shall be marked with a label stating the name and postcode of the premises.
14) The premises will actively engage with and work with the local police team and police and council licensing teams.
15) A minimum of 2 staff shall be on duty at all times the premises are permitted to sell alcohol.
16) The DPS or another personal licence holder shall be on duty at all times the premises are permitted to sell alcohol.
17) Only trained staff authorised in writing by the DPS may sell alcohol. The written authority signed by the DPS shall be displayed with the summary of the premises licence.
18) A clear glazing policy shall be implemented at the premises in respect of the window adjacent to the counter so staff have an unobstructed view of the area outside the front of the premises through the glass looking into the street. The exception to this shall be the display of notices required by law and any required as a condition of this licence.
19) Invoices (or copies of them) for all alcohol or tobacco purchases shall be kept at the premises for a minimum of a year from the date of purchase.
C) Public Safety
A fire risk assessment and emergency plan will be prepared and regularly reviewed. Staff will be given appropriate fire safety training.
D) Prevention of public nuisance
1) Notices will be prominently displayed by the entry/ exit door and counter (as appropriate) – (see box b condition 7 for full details.)
2) The shop front will be kept tidy at all times and shall be swept at close. Staff will collect any cans or bottles found with within 20 metres either side of the shop.
3) No deliveries will be received or removals of rubbish / glass bottles take place between 20.00 and 08.00 (except as per condition 2).
4) Staff will proactively monitor the outside of the shop to deter customers drinking or loitering outside the premises asking any that do politely to leave the area.
5) A telephone number shall be provided to the police and council licensing teams and in the shop window for residents to call with any concerns. Details of any such calls and the outcome shall be recorded in the incident book.
E) Protection of Children from Harm.
1 ) The challenge 25 proof of age policy will be operated as the proof of age policy – (see box b condition 3 for full details.)
2) A written refusals record will be kept as part of the incident book and made available to police or authorised officers on request.
3) Notices will be prominently displayed by the entry/ exit door and counter (as appropriate) – (see box b condition 7 for full details.)
4) Staff will be trained on induction and given refresher training at six monthly intervals for their role and in the operation of challenge 25. (See box b condition 2 for full details.)
5) An epos till system will be operated which incorporates an automatic till prompt whenever age restricted products are scanned in.
Mr Hopkins said that he hoped the CIZ (CIP) statement and list of robust conditions would address the objector’s concerns. He advised that only 15% of the floor area would be for alcohol and it would be covered by CCTV. At least three staff would be on duty at all times and the applicant had operated in Medway for 10 years, and had an off-licence for five years, without any issues being raised by the Council. It was considered that the restriction in the sale of beer, lager, stout or cider above 5.5% ABV and other conditions would make the premises unattractive to street drinkers. Staff would monitor the CCTV and ask people to move away from the premises when required. All spirits would be kept behind the counter and other alcohol would be in the line of sight of staff. The premises would close at 2300 hours which would deter people leaving the nearby public houses from obtaining more alcohol from the shop.
During questioning by the objectors, Mr Hopkins said that the applicants were aware that school children congregate at the bus stop outside the premises which was why all alcohol would be either behind the counter or in front of the till. Also, the CCTV would cover this area. Responding to a question on the applicant’s onus to undertake research before submitting an application, Mr Kara said that an architectural survey had been carried out and they had first sought the lowest conditions possible to meet the CIZ (CIP). PC Hill asked if the application had been tailored for the specific area in which the premises were located, noting that an application for a premises in Sittingbourne was identical to it. Mr Kara responded that it was not always the case that text was cut and pasted from one application to another. Asked to name the four licensing objectives, the applicant was able to do so. However, he was unable to explain the CIP and confirmed that he had not read it. He recognised that street drinking was an issue but suggested that they were not specific to this area.
In response to questions from Panel members, the applicant clarified that there would be three members of staff on duty at any one time although they were only stipulating two in their suggested conditions. He also confirmed that the premises would still open if a licence was not granted. It was stressed that the new conditions offered were to meet the licensing objectives and the CIP.
Next, the Chairman invited those who had submitted representations against the application to state their objections. Mr Thorpe questioned the need for a grocery store to sell alcohol and expressed concern about the proximity of a bus stop where school children would congregate.
PC Hill said that the guidance was clear that applicants were expected to demonstrate knowledge of the local area and undertake research when submitting an application. He considered that the late additional conditions did not sufficiently promote the licensing objectives or the CIP.
The Licensing Enforcement Officer referred to the Statement of Licensing Policy, specifically the CIP for the Luton Road and Chatham Central area. He stated that applications would be encouraged for family friendly venues that would enhance the local area, such as restaurants and cafes. He did not consider that the late addition of conditions was in the spirit of the CIP.
The Public Health Project Officer presented the representations of the Director of Public Health. She stated that the area had been designated as a CIP after extensive consultation, during which members of the public had identified off licenses as a particular concern. Street drinking was not the only issue; there were also concerns about domestic abuse, criminal damage, anti-social behaviour and the high number of ambulance call outs where alcohol was a contributory factor. She said that she had visited the area in late October and early March and had witnessed alcohol related litter, most of which was for products below 5.5% ABV. Shop workers in the area had told her of anti-social and intimidating behaviour of groups sitting on benches in the area. She also referred the Panel to the witness statement in the document pack from Mr Homer. The Public Health Project Officer concluded that the numerous conditions offered by the applicant would not address the ongoing issues that had been identified.
There being no further questions, the Chairman invited the parties to the hearing to sum up. On behalf of the applicant, Mr Hopkins offered the reduced hours of 0900 hours to 1030 hours which would address the concern regarding children in the vicinity of the premises before school. He considered that this, coupled with the conditions offered would meet the CIP test and the licensing objectives would be fully promoted. Mr Thorpe made the point that the revised hours would not address concerns about school children being in the proximity of the premises at the end of the school day. PC Hill said that the applicant had been unable to show his thought process for addressing the CIP and licensing objectives to demonstrate that the premises would not have a negative impact but would instead improve the area. The Licensing Enforcement Officer said that the application did not meet the exceptional circumstances requirement for approval.
All parties to the hearing left the room during the Panel’s deliberations and returned before the Chairman announced the Panel’s decision.
Decision:
The Panel had considered all the written evidence before it and had listened carefully to all the evidence presented by the Council’s Licensing Authority, Public Health, Police, a member of the public, the applicant and his representative, and unanimously reached the decision to refuse the application for a premises licence for the following reasons:
(a) The applicant had not read and therefore understood the CIP.
(b) The applicant had not provided any evidence to demonstrate that the premises would not have an impact on the area and the licensing objectives.
Supporting documents:
- Guidelines, item 607. PDF 8 KB
- Medway Food Centre Index, item 607. PDF 220 KB
- Medway Food Centre report and appendices, item 607. PDF 11 MB