Agenda item

The licensing officer reported that he had not received any further information from local residents.

The licensing authority reported that the grounds for the representation were public nuisance and crime and disorder and considerations under licensing policies 1, 2, 4, 5 and 9.  The licensing authority considered that the premises would add to the cumulative impact area.  In the application it had been stated that the premises were not in the cumulative impact area.  This raised concerns.  The hours proposed in the representation were those awarded on appeal for a similar application in the same area.  It was suggested that should the application be granted, the conditions be attached as proposed.  The applicant had agreed conditions 3 and 6 and conditions 4 and 5 were similar to those proposed in the police representation.  Conditions 1 and 2 had not been accepted by the applicant.

The applicant’s agent reported that the applicant had an existing shop in Central Street which currently operated as a small convenience store and there had been no issues.  The application included a terminal hour that was in line with the licensing policy and 9am had been agreed by the applicant in consultation with the police. Police conditions had also been agreed.  It was accepted that in the application it had been stated that the premises was not in a cumulative impact area which was a mistake.  The police were the primary source for crime and disorder and had not objected.  The applicant would continue to work with the police.  The applicant would prefer a condition, not to sell anything less than a quarter bottle, instead of the proposed condition 2 from the licensing authority.  If the sales area was to be increased over 15% there would have to be a future variation to the licence.  There would be mainly local customers and most would be responsible drinkers. The area had a designated public places order so there would not be people drinking outside and the applicant would intervene if people hung around outside the shop.  The applicant was willing to work with the authorities.  The police had not objected and he was a responsible operator with no blemishes.  The agent considered that the hours should not be restricted further as this would penalise the applicant. 

In response to questions about the cumulative impact, the agent stated that the police had not objected and conditions had been agreed to address problems with street drinkers. The premises would not appeal to street drinkers with the alcohol the applicant would be selling.  Other people causing a nuisance would be asked to politely move away, there would be appropriate notices and staff would not sell to people when drunk.  A record of staff training would be kept, staff would be trained on how to deal with drunk customers and underage customers.  There were 9 staff at the Central Street premises and 4 at this one.  The agent did not consider that it would be necessary to lock away the alcohol behind shutters as it was an unnecessary expense for one hour in the morning.  Notices would be displayed and netting or curtaining could be used to shield drinks.  The applicant explained how he would deal with drunk and underage customers and also stated that he would write details in the refusals book.  The applicant would liaise with the safer neighbourhood team should the licence be granted.

In summary, the applicant asked that the licence be granted and urged the Sub-Committee to take note of representations and impose conditions.  The licensing authority raised concerns about how the non-sale of alcohol would be enforced with the alcohol on display during the first hour in the morning.

RESOLVED

1)     That the application for a new premises licence in respect of City Food and Wine, 377 St John Street, EC1V be granted:-

a)     To permit the sale by retail of alcohol, for consumption off the premises, between 11 am and 8pm;

b)     Opening hours to be 8am to 11pm.

2)     Conditions as outlined in appendix 3 as detailed on pages 73/74 of the agenda shall be applied to the licence.

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 Policies 1 and 2.  The premises fall under the Clerkenwell cumulative impact area.  Licensing policy 2 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 police objection had been withdrawn and that the applicant had agreed to conditions 3-6 as proposed by the licensing authority.  The Sub-Committee noted that these are small premises and that the applicant has had four years’ experience of running an off licence on Central Street.  The applicant submitted that he would work with the local police and that he would take measures to deal with street drinkers and underage sales. The Sub-Committee noted that the Central Street premises provided regular training for staff and maintained a refusals book.  The Sub-Committee was satisfied that the applicant would provide a well-managed and well run premises in accordance with licensing policy 9.

The Sub-Committee noted that the applicants suggested amendment to condition 2 as proposed by the licensing authority – that there shall be no sales of spirits in vessels less than a quart.  The applicant submitted that the provision of shutters or a locked cabinet to secure alcohol when not on sale was costly in the circumstances of the proposed layout of the premises and the hours of operation.

The Sub-Committee concluded that the premises would not add to the cumulative impact with the operational hours and conditions as proposed by the licensing authority. The Sub-Committee were satisfied that the restricted hours would address the licensing objectives of public nuisance and crime and disorder.  The Sub-Committee noted that there was particular concern about two types of street drinking in the area and that the licensing authorities conditions 1-5 would address these concerns.  The Sub-Committee was also satisfied that it was proportionate for alcohol on display to be secured outside of the permitted hours in view of the restriction on the sale of alcohol between 11am and 8pm, when the premises would be open from 8am to 11pm.