Agenda item

The police reported that in April 2014, two women were served alcohol without being asked for ID and this was then opened for them before they left the premises.  A number of breaches of conditions were found at the time of a further visit to the premises and the applicant was called in to an officer panel.  In November 2014 a further visit was made and it was noted that CCTV was still not operating.  There was a concern that, on the night of the application for the temporary event notice, there would be people in the area who would have already consumed high levels of alcohol and would be vulnerable to being involved in crime, either as a victim or perpetrator.  The emergency services would already be stretched to the limit and there would be pressure placed on staff to refuse to sell to customers when drunk.

In response to questions, it was noted that the premises were located in a very busy part of Upper Street, near Highbury Corner and Holloway Road.  The police considered that the combination of poor management and the location were both primary reasons for the objection to the application.  They were concerned that there could be problems both inside and outside the premises with the large number of people in the area at that time of the morning.

The licensee reported that the CCTV had now been fixed.  All issues found had been addressed.  The premises were situated in the least busy end of Upper Street. It was expected that, in the early hours of New Years Day morning there would only be local people in the area.  They stopped opening bottles for customers once she was aware that this should not be done. The only item that was picked up on the second visit was the CCTV. 

In response to questions, the licensee reported that she had smiled but she was not intending to be rude to the police, but was smiling at customers in the shop.  They did not ask for ID in the first instance as they knew the customers as regulars.  It was rare that customers asked for bottles to be opened and now they would not open bottles for customers.  They would not serve customers who were drunk.  The licensee had been in the premises for four years and all staff took their job seriously and did not serve underage. It was stated that the CCTV had now been installed. There was a delay as there had been a misunderstanding about the length of time that recordings needed to be kept but this had now been rectified.

In summary the police stated they had concerns that the CCTV had been installed following an objection to the TENs application.  They considered that the refusals and training logs were not fully completed.  They still considered that the management of the premises should run to a high standard, particularly on New Year’s Day.  The licensee reported that the CCTV was the only thing outstanding after the first visit and this had been rectified.

RESOLVED

That the application for a temporary event notice in respect of The Green Shop, 237 Upper Street, N1 1RU be refused and the licensing authority issue a counter notice.

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 noted the documents presented by the licensee at the hearing that evidenced that the licensee had taken action to comply with the premises licence conditions. 

The Sub-Committee noted that the police objection was based on concerns about the location of the premises and the standard of management.  The premises are located near to Highbury Corner tube station and within the cumulative impact area of Angel and Upper Street.  There are a number of licensed premises in the vicinity and in the early hours of January 1, there would be people in the area as the tube will be running all night.  The Sub-Committee noted that during the proposed hours of the TEN there would be pressure on the emergency services. Customers will have been drinking through the evening and the premises had not demonstrated the required standard of management to ensure that the licensing objectives would be promoted.

The Sub-Committee considered the track record of the applicant in accordance with licensing policy 28 and were concerned that high standards of management had not been met.   

The Sub-Committee also considered paragraph 9.12 of the Home Office guidance and accepted that the representations made by the police were reasonable and proportionate and that the licensing objective to prevent crime and disorder would be promoted.