Agenda item

The Licensing Officer updated the Sub-Committee. The hours for sale of alcohol had been amended from 07:00-23:00 7 days a week to 09:00-23:00 7 days a week. With this amendment the Licensing Authority had withdrawn their representation.

The interested party, a member of the Better Archway Forum, presented their case objecting to the license. They had concerns over excessive street drinking in this cumulative impact area, it was intimidating and another premises selling alcohol would increase temptation to vulnerable people. They had more concerns there had not been indication of how alcohol was isolated from customers outside of licensed hours. Residents had feared the sale of alcohol would cause congregation and lingering in the square nearby. There was also not a WC nearby so there had been possibility of public urination. They believed the license should be refused as to not undermine the cumulative impact policy and the great work this had done so far.

The Applicant explained they were a 150-year-old well established business. They had been aware of the issues of the archway area and had consulted with police on this, resulting in a bespoke application for this area to address these concerns. The hours for alcohol sale had been amended to suit the Licensing Authority and the premises did fall within the exception of the policy as an off license selling within framework hours. The premises would not sell high-strength, cheap, single canned or bottled beers or ciders. There would be no self-serving of spirits and these would be kept behind the counter. They clarified that while the application stated a 24 hour operation the operational hours would be 07:00-23:00 with alcohol sold 09:00-23:00.

In response to questions from the Sub-Committee, the applicant explained they wanted to support the local community and fit in, they encouraged community spirit and made charitable donations to communities they operated in. They wanted to open in this area as it was a prominent site in a key location that had been vacant for some time, the location was close to an underground station so they would have got high footfall from commuters and those that live around this area. The Sub-Committee had questions surrounding the possible sale of alcohol before 09:00; the applicant explained this would not be possible as the licensed hours are uploaded to their epos system so alcohol cannot be processed on the till system outside of these hours and cannot be overridden. The applicant regularly worked with the police and other responsible authorities to mitigate concerns of alcoholism and repeat problem customers, there would also regularly be security on site.

In summary the interested party explained that the 07:00-09:00 was not the problem for alcohol it was the lateness it was sold and while there were no single can sales, people could have just bought a big bottle, or a crate of alcohol instead. There was also a Sainsbury’s local nearby, and they felt it was better when all people are local rather than big corporations taking money from local area. 

The Applicant summarised explaining there would be no negative impact on the cumulative impact area, and they had met the satisfaction of all responsible authorities.

RESOLVED:

The Sub-Committee has decided to grant the application for a new premises licence in respect of SAINSBURY’S, 14 JUNCTION ROAD, LONDON, N19 5RQ

1)     To allow the sale of alcohol, Off the premises, Mondays to Sundays, from 09:00 to 23:00

2)     The premises opening hours, Mondays to Sundays from 07:00 to 23:00

Conditions detailed on pages 140 to 141 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 2 & 3.  The premises falls within the Archway 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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

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 operating schedule that there will be no negative cumulative impact on one or more of the licensing objectives.

Six local resident objections had been received.  There had been 3 objections from ward councillors and 1 objection from the Better Archway forum. 1 resident had written in support of the application. Following a reduction in the hours requested the Licensing Authority withdrew their objection.

The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 6.

The Sub-Committee heard evidence that local residents and traders were concerned about extensive street drinking in the area. A representative from the Better Archway forum stated that there were no exceptional circumstances around the application and there was no indication how alcohol would be isolated in the shop and away from underage drinkers. There were concerns that the premises would add to the cumulative impact.

The Sub-Committee heard that the applicant was acutely aware of local issues and consulted with the Police and the Licensing Authority and agreed conditions and reduced hours. The applicant confirmed that spirits would be kept behind the counter and there would be no high strength beers. Alcohol would be kept shuttered outside licensed hours, which were programmed into the till system and could not be overridden meaning it was impossible to ring up a sale outside of the licensed hours. There would be security provided and the applicant was aware of the need to monitor the square outside. The applicant submitted that the hours sought, and the extensive conditions agreed meant that the granting of the license would not add to the cumulative impact.

The Sub-Committee noted that the applicant was a national operator with well established procedures to deal with incidents of anti-social behaviour or underage drinking. The Sub-Committee noted that security would be provided, and alcohol would be shuttered outside of licensable hours. The Sub-Committee further noted the applicant’s willingness to engage with local residents and groups.

The Sub-Committee concluded that the granting of the licence with the agreed conditions would promote the licensing objectives. The Sub-Committee noted that the hours sought were within the hours specified in licensing policy 5 and 6.  The Sub-Committee was satisfied that the operating schedule demonstrated high standards of management and that the proposed use, with the extensive conditions agreed, meant that the premises would not add to the cumulative impact.

The Sub-Committee was satisfied that granting the premises licence was proportionate and appropriate to the promotion of the licensing objectives.