Agenda item

The licensing officer reported that the police conditions had been agreed and they had withdrawn their objection.  No planning consent had been granted for Sunday.

The licensing authority reported that noise conditions 15-22 on page 28 of the agenda had been agreed by the applicant.  They would not want the premises to be used as a bar or off licence but as a restaurant. If off sales of alcohol were required for delivery they suggested the deletion of proposed condition 14 and an amendment to condition 22 restricting the alcohol order to four 33 cl cans/beers or one 750ml bottle of wine.  The licensing authority raised concerns that delivery drivers would need to be trained in underage sales and proposed a further two conditions in relation to this. The licensing authority stated that if all measures were in place the application would be acceptable although they raised concerns that this was the first time of engagement by the applicant.

The noise officer stated that she had concerns about off sales and customers waiting to be served with drinks.  She stated that no off sales would be acceptable.

In response to questions it was noted that the applicant accepted all the conditions proposed and that there would be no vertical drinking in the premises.  It was accepted that the amended condition 22 did limit the amount of off sales. Regarding concerns about off sales it was stated that the onus was on the applicant to ensure that the delivery company trained staff on underage sales and this should be included in a service level agreement with the delivery company.

The applicant stated that the noise team had agreed the application with conditions.  The delivery company had informed the applicant that they would not deliver without an off sales licence. The applicant stated that once the driver had taken the alcohol it was their responsibility.  He operated another restaurant in Chiswick.  This was a small restaurant and he would like to sell alcohol to customers if a friend was having a meal.  The conditions proposed would not allow this and he stated that he may have to come back to Sub-Committee if this did not fit in with his business model. He stated that he accepted the conditions and would work with them. He stated that the business had been trading for over twenty years on a Sunday.  He had not yet had a response from Planning regarding the premises opening on a Sunday but he would get the situation rectified. 

In response to questions the applicant stated that it was up to the driver from the delivery company to ensure that they did not give alcohol to underage customers.  He worked with big companies and was sure that they did checks.  He had never had any problems.  The applicant was reminded by the Sub-Committee that it was his responsibility to check that the delivery company had good practices. He stated that where customers only wanted a drink but did not want food this could cause customer confrontation and was concerned that his customers would be restricted.  He stated that he had managed the business in Chiswick since 2014.  He gave the Sub-Committee an indication of the prices he charged for alcohol. He stated that officers were looking at the extreme scenario.  He would manage the premises well and had no problems in his Chiswick restaurant.  He would have to regularise the planning situation. The Sub-Committee advised the applicant that he should ask the delivery company what checks they would make and could ensure that his contract with the delivery company included checks that were required.  Where people ordered online there could be a restriction on the amount of alcohol that could be included with the order for off sales.

In summary the licensing authority raised concerns that the applicant did not consider that the sale of alcohol to underage customers was his responsibility once alcohol had left the premises.  He was advised that the sale was made at his premises and it was therefore his responsibility. Unless delivery companies could provide him with this assurance he should not use them.

In response to questions from the Sub-Committee the Licensing Authority stated that they may have to arrange test purchases to police delivery businesses.  The licensing authority expected the applicant to have proper procedures in place. 

The noise team shared the misgivings regarding off sales.

In summary the applicant stated that if he suspected underage sales at the till he would stop them e.g if there was an order to a school.  He asked how Tesco controlled their deliveries of alcohol.

RESOLVED

1)     That the application for a new premises licence, in respect of Pizza X Drink, Ground Floor, 30 Crouch Hill, N4 4AU be granted to allow:-

a)    The supply of alcohol, on and off sales from 11am until 11pm Monday to Sunday.

b)    The premises to be open to the public from 11am until 11pm Monday to Sunday.

2)     That conditions as detailed on pages 27 and 28 of the agenda shall be applied to the licence with the deletion of condition 14, amendment of condition 22 and an additional two licensing authority conditions as detailed below:-

·         Condition 22. Any off sales shall be limited to re-sealed bottles of wine not wholly consumed by the customers at the time of order and no more than 4 x 33cl beers/ciders or a 750ml bottle of wine to be delivered per main meal.

·         Additional condition. Couriers will be trained on relevant aspects of the Licensing Act 2003 including underage sales, sales to a person who is drunk, obtaining alcohol for a child or a person who is drunk and delivering alcohol to someone under the age of 18.

·         Additional condition. Any person taking an order for the supply of alcohol on behalf of the premises licence holder will inform all customers that proof of age by way of photographic driving licence, passport or a form of identification with the PASS hologram will be required before alcohol is supplied.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee heard evidence that the conditions proposed by the Noise Team and Police had been agreed.

The Sub-Committee accepted the concerns raised by the Licensing Authority regarding the delivery service and the fact that deliveries would be carried out by sub- contractors.

The Sub-Committee agreed that the additional conditions proposed by the LA were necessary to promote the licensing objectives.

The Sub-Committee accordingly granted the application with the additional conditions.

The Sub-Committee noted that the premises do not have planning permission for Sunday trading. The applicant was informed that planning permission would be required before he could operate the licence on Sundays.

The Sub-Committee advised the applicant to liaise with and seek guidance from the licensing authority on how to implement the additional conditions.