Agenda item

The licensing officer reported that the resident objector on page 58 of the papers had been withdrawn. The Sub-Committee noted that a revised CCTV condition was to replace proposed conditions 5, 7 8 and 9, conditions 18-20 had been amended to state four hours (not two) and noise conditions had been agreed. There was a remaining representation from the MAGPI team referring to street drinking in the area.  It was noted that there was a proposed condition regarding super strength alcohol.

The police reported that the applicant had been willing to engage and had put forward more conditions than expected.  These premises were a good distance away from Finsbury Park station and with conditions agreed regarding match days the police had withdrawn their concerns.

The applicant’s representative spoke in support of the application.  Folders outlining training policies and responsibility pledges were made available to the Sub-Committee. It was recognised that greater conditions were required in a cumulative impact area.  The training that would be given to staff was outlined.  It was noted that alcohol was kept at the furthest point from the door and was monitored by CCTV to reduce theft.  Risk assessments were made to ascertain the need for SIA door supervisors. It was reported that the store was proactive and that they participated in a number of community based groups.  Street drinkers were no longer an issue in the area.  A condition was proposed regarding the time of deliveries.

In response to questions it was noted that the premises would open at 7am.  There would be a bakery and until 11am the sales were predominantly fresh food with nominal alcohol sales. There had been an issue with a neighbouring pub near a local store at Finsbury Park but extra security guards were employed when necessary.  Alcohol was removed from the shop floor at the neighbouring store for all events held at Finsbury Park.  Alcohol sold would not be of so much interest to street drinkers.  The store would not be selling alcohol in bulk.  The store manager was likely to be someone who already had experience in another Lidl store.  It was agreed by the applicant that large scale musical events could be included in proposed condition 17.   There would be one delivery a day and the applicant was currently in consultation with the highway department regarding the area for delivery. The applicant stated that alcohol was applied for at 7am as there was a practical difficulty in selling at a later time.  The store did not sell a great deal of alcohol early in the morning so they did not consider there would be greater harm.  Incidents in the morning related to shop lifting rather than the sale of alcohol and people would not be served if drunk.

In summary the applicant considered that the committee could depart from the cumulative impact policy on this occasion and this store would help improve the area.

RESOLVED

That the new premises licence in respect of Lidl, 67-83 Seven Sisters Road, N7 6BU be granted to allow the sale by retail, off supplies only, Mondays to Sundays from 9:00 until 23:00.

Opening hours to be Mondays to Sundays from 7:00 until 23:00.

Conditions as outlined in appendix 3 as detailed on pages 62/63 of the agenda shall be applied to the licence with the following amendments-

·        Conditions 5, 7, 8 and 9 be deleted and replaced with the following wording:-

CCTV shall be installed, operated and maintained in agreement with the Police.  Maintained means that the system shall be regularly serviced (at least once a year) and checked every two weeks to ensure that it is storing images correctly and a log kept and signed by a Supervisor to this effect.  The system will provide an identifiable full head and shoulder image of everyone entering the premises and will operate in any light conditions within the premises.  The system will cover the full exterior of the premises (being the public entrances and exits) and shall record in real time, date and time stamped and will operate whilst the premises is open for licensable activities.  The recordings will be kept for a minimum of 31 days and copies will be made available to an authorised officer or a police officer (subject to the Data Protection Act 1998) within 24 hours of any request free of charge.  There will always be a member of staff on duty who can operate the system, to allow officers to view recordings and if required by a police officer, provide a copy of images immediately free of charge.

·        Condition 10 to read. The premises will participate in the Shopwatch Scheme or any other similar scheme endorsed in the area by the Metropolitan Police and shall participate in the related radio link scheme for as long as it operates in the area.  In addition, the premises will become an active member of the Nag’s Head Town Centre Management Group, will engage with and attend the Crime Sub Group meetings to help support the development and improvement of the area and will have an active role in the Community Alcohol Partnership.

·        Condition 16 to read. No sale of alcohol for consumption off the premises for up to four hours before a designated football match at the Emirates stadium if notification in writing from the Metropolitan Police has been given to the Lidl premises at Seven Sisters Road at least 48 hours in advance of the Designated Football Match stating the match is one in respect of which the Metropolitan Police consider that the sale of alcohol at Lidl needs to be restricted as set out in the condition due to the crime and disorder anticipated in connection with the said match.

·        Condition 17 to read. On all other occasions when there is a football match at the Emirates stadium or large scale musical events at the Emirates stadium and Finsbury Park the following conditions will apply:-

·        For match days, we will employ a security guard for a minimum of 4 hours before kick-off and 4 hours after the scheduled match finish time in order to assist with the policing of sales.

·        For match days, from 4 hours prior to kick off and for 4 hours after the match finishes, no beer, lager or cider will be sold in glass bottles.

·        For match days, from 4 hours prior to kick off and for 4 hours after the match finishes, a maximum of 4 cans of beer, lager or cider will be sold to anyone.

·        On large scale event days, we will employ a security guard for a minimum of 2 hours before gates open and 2 hours after the event finish time in order to assist with the policing of sales.

·        On large scale event days, from 2 hours prior to gate opening and for 2 hours after the event finish time, no beer, lager or cider will be sold in glass bottles.

·        For large scale event days, from 2 hours prior to gate opening and for 2 hours after the event finish time, a maximum of 4 cans of beer, lager or cider will be sold to anyone.

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 took into consideration Licensing Policy 002.  The premises fall under the Holloway and Finsbury Park cumulative impact area.  Licensing policy 002 creates a rebuttable presumption that applications for new premises licences that are likely to add to the existing cumulative impact will normally be refused, unless an applicant can demonstrate why the operation of the premises involved will not add to the cumulative impact or otherwise impact adversely on the promotion of the licensing objectives.

The Sub-Committee noted that the applicant and the police had agreed further conditions and that on this basis the police objection had been withdrawn.  The Sub-Committee also noted that the local resident objection had also been withdrawn.  The Sub-Committee further noted that the proposed conditions from the noise team, including a condition relating to deliveries, had been agreed and that the noise objection had been withdrawn. 

The Sub-Committee heard evidence from the police that there had been good engagement from the applicant and that the applicant had offered more conditions than the police would expect for a premises of this type.  The police gave evidence that the premises were far enough away from the Emirates stadium that they were unlikely to cause policing problems on match days with the conditions agreed. 

The Sub-Committee noted the further bundle of documents provided by the applicant in relation to, amongst other matters, training and membership of local community based groups.

The Sub-Committee heard evidence from the applicant that this store would be stocking less than 50% of the normal Lidl alcohol range and that it would not be stocking high strength lagers and ciders, nor would it be stocking cider sold in large sized bottles.  The Sub-Committee heard evidence that the applicant was a member of the alcohol standards group, community alcohol partnership and follows the responsibility deal.  In response to questioning from the Sub-Committee the applicant confirmed that early morning sales of alcohol in another nearby store were nominal.

The Sub-Committee noted that the objection from the East Magpi partnership had not been withdrawn.  This objection raised the partnerships concerns regarding street drinking and the extensive work that had been done in the area to tackle this problem. 

The Sub-Committee decided that granting the licence with the conditions and with amended hours would promote the licensing objectives.  The Sub-Committee formed the view that the extra conditions relating to the Emirates stadium and music events at Finsbury Park were necessary and proportionate to promote the licensing objectives.  The Sub-Committee formed the view that the reduction in hours was necessary to avoid the premises adding to the cumulative impact in the area and was proportionate in light of the anticipated sales early in the morning.

The Sub-Committee considered licensing policy 8 in relation to licensing hours, licensing policy 4 in relation to shops selling alcohol and licensing policy 9 in relation to high standards of management.