The licensing officer stated that the applicant had accepted all of the proposed conditions and had passed her personal licence accreditation.
The licensing authority had not withdrawn her representation as she considered that the application had not addressed the cumulative impact policy. She asked that the applicant tell the Sub-Committee how she would operate the premises and how the premises would not add to the cumulative impact.
The applicant’s representative stated that the applicant would be happy to amend the hours further to close at 8pm on all days and to commence serving alcohol at 10am at the weekends. The licensee had passed her personal licence exam and taken a conflict management course. Following consultation with the police they had been satisfied by the hours and in this respect, Paragraph 9.12 in the Home Office guidance had been addressed. The police conditions had been incorporated into the licence. The licensee would have a thorough staff training programme and procedures in place and would not be selling alcohol to street drinkers. This shop was the only local co-operative in the area and conditions had been agreed with the police and the Environmental Health team. The hours of operation would be within framework hours, the premises were not alcohol led and there were high standards of management. There would be no high strength alcohol or single can sales. The licensee stated that this was primarily a grocery shop and she wished to sell alcohol. She had been there for three years and wanted to keep regular customers. Alcohol would be kept on display for 15% of the shop, it was not alcohol led and all staff would be trained. She had agreed all conditions and had amended the hours sought. She would not be selling single cans and did not wish to attract drunk customers but just wanted to add this additional service for her regular customers. She was aware of her responsibilities as a retailer. She would adhere to the four licensing objectives and was not trying to add to the cumulative impact.
In response to questions the licensee confirmed that the hours they were requesting were 8am to 8pm Monday to Friday and 10am to 8pm on Saturday and Sunday. The licensing authority confirmed that she was happy with the hours and the licensing authority representation could be withdrawn.
1) That the application for a new premises licence, in respect of Anand News, 42 Exmouth Market, EC1, be granted to allow the sale of alcohol, off supplies, from 8am until 8pm Monday to Friday and from 10am to 8pm on Saturday and Sunday.
2) Conditions detailed on pages 110 and 111 of the agenda be applied to the licence.
REASONS FOR DECISION
This meeting was held under regulations made under the Coronavirus Act 2020 and it was facilitated by Zoom.
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 2 & 3. The premises fall within the Clerkenwell cumulative impact area. Licensing policy 3 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives. Paragraph 22 states that the licensing authority recognises that it has to balance the needs of businesses with those of local residents. Clerkenwell has the highest number of complaints about drinking in the street of all the wards in the borough and residents continue to experience adverse impacts from late night licensed venues. However, paragraph 24, states that applications with comprehensive operating schedules, which are not alcohol led and supply alcohol for consumption off the premises within the framework hours may be regarded exceptions to the special policy.
The Sub-Committee took into consideration Licensing Policy 4. The Council has adopted a special policy relating to cumulative impact in relation to shops and other premises selling alcohol for consumption off the premises. Licensing policy 4 creates a rebuttable presumption that applications for the grant or variation of premises licences which are likely to add to the existing cumulative impact will normally be refused or subject to certain limitations, following the receipt of representations, unless the applicant can demonstrate in the operation schedule that there will be no negative cumulative impact on one or more of the licensing objectives.
Fourteen local resident objections had been received and an objection from a Housing Association but none attended. Conditions had been agreed with the police and the hours and conditions had been amended. The Licensing Authority remained concerned that the new licensee understood the licensing requirements, however, the applicant who had recently trained in conflict management and had passed her personal licence accreditation showed a good understanding of the licensing objectives. She stated that only 15% of the shop would be used for alcohol display however, she would not be selling single cans. She understood the area having worked there for three years in the shop and all staff would be trained in conflict management.
The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.
The Sub-Committee concluded that, with the robust conditions there would be no negative cumulative impact on any of the licensing objectives.