Licensing (2003 Act) Sub-Committee - Tuesday 27th August 2024 10.00 a.m.

August 27, 2024 View on council website  Watch video of meeting or read trancript
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Summary

The Licensing Sub-Committee refused an application from Vel Murugan Enterprises, a convenience store at 6 Station Parade, East Ham to extend its hours until 4am on Friday, Saturday and Sunday mornings. The Sub-Committee did however approve an application to allow the shop to stock Nigerian Guinness, a high-strength stout.

Application to Vary Premises Licence: 6 Station Parade

The Sub-Committee considered an application from Vel Murugan Enterprises for a variation to its premises licence. The application was to allow the sale of alcohol until 4am on Friday, Saturday and Sunday mornings, and to make several amendments to the conditions on the licence.

The Sub-Committee heard representations from the Metropolitan Police, Newham Council's Commercial Environmental Health Team, and Newham Council's Licensing Team, who all expressed concern about the application. The Sub-Committee also heard from Mr Graham Hopkins, a licensing consultant, on behalf of the licence holder, Mrs Shobhika Mayurathan, and her husband.

The premises is situated within a cumulative impact zone as set out in the licensing policy 2024, so the onus is on the applicant to comprehensively demonstrate that if the variation is granted, it will not have a negative effect or impact, excuse me, impact on the vicinity in terms of the four licensing objectives.

Conall Stone, Metropolitan Police Licensing, Printed minutes 27th-Aug-2024 10.00 Licensing 2003 Act Sub-Committee

Antisocial Behaviour

The most significant concern raised was about the potential for the extended hours to exacerbate existing issues with antisocial behaviour and street drinking in the area. There is already a Public Spaces Protection Order in place in the area, which prohibits drinking in public.

The Police Licensing Officer told the Sub-Committee that:

This is an area that is problematic, please, because of the street drinkers and groups of males congregating in the vicinity... Their presence is likely to have an adverse effect on the quality of life and well-being of local residents

Conall Stone, Metropolitan Police Licensing, meeting transcript.

The Council's Licensing Team told the Sub-Committee that they had:

worked very hard to eradicate anti-social activities occurring in this area

Steve Jackson, Licensing Team Chair, meeting transcript.

and that allowing the shop to sell alcohol until 4am:

could result in a further increase of these anti-social activities in street drinking

Steve Jackson, Licensing Team Chair, meeting transcript.

The Sub-Committee heard that the shop had failed two compliance inspections in February and April 2024, and that a licensing officer had witnessed street drinkers in the area of the shop with alcohol purchased from the shop.

In response, Mr Hopkins, the applicant's representative, stated that the shop:

do[es] not sell people a drunk

Mr Graham Hopkins, meeting transcript

He suggested that the Council and Police should:

pass [information about street drinkers] on to the shopkeepers in East Hamtown center and along high street north to prevent those people getting alcohol

Mr Graham Hopkins, meeting transcript

Councillor Makwana, who also lives locally, disputed the suggestion that the shop did not serve street drinkers, telling the applicant that she had personally witnessed it.

Conditions on the Licence

The applicant requested to amend the licence to allow the shop to:

  • Sell Nigerian Guinness, a high-strength stout.
  • Sell spirits in 20cl bottles.

Newham Council's Licensing Team said that they would be happy with the licence being amended to allow the sale of Nigerian Guinness, but objected to the sale of 20cl bottles of spirits.

The Sub-Committee agreed with the Council's Licensing Team. This means that the shop will be allowed to sell Nigerian Guinness, but not spirits in 20cl bottles.

The Sub-Committee also decided to add a number of additional conditions to the licence, including:

  • All staff to be trained on a range of topics, including the meaning of the licence, the operation of the CCTV system, the sale of alcohol, the Challenge 25 scheme, conflict management, responsible alcohol retailing, safeguarding children, girls and women and vulnerable individuals, and WAVE training.
  • A record of all staff employed at the premises and their personal details to be kept at the premises and made available to the Police and Council Officers upon request.
  • Electronic or written records of training of all staff members to be signed by them on each occasion training has been completed and kept at the premises and made available to the Police and Council Officers upon request.

Decision

The Sub-Committee decided to refuse the application to extend the opening hours and sale of alcohol (off premises) to 4am on Fridays, Saturdays, and Bank Holiday Sundays. The Sub-Committee did however grant the variation to the licence to allow the sale of Nigerian Guinness.

The Sub-Committee's decision was based on the following:

  • The applicant had failed to demonstrate that the proposed variation will not add to the existing problems in the area and there would be no negative impact on the licensing objectives raised by the responsible authorities.
  • The inherent issues of the presence of street drinkers and associated anti-social behaviour set out in the representation of the Police and the Council’s licensing team.
  • Concerns that the sale of 20cl bottles of alcohol, the extension of time of opening/closing hours and sale of alcohol to 4am on the proposed days would only exacerbate the existing issues.
  • The warning letters for breaches of conditions for training following visits at the premises.
  • That a licensing officer had witnessed street drinkers in the area of the shop with alcohol purchased from the shop.
  • Evidence submitted by Shane Passfield, Licensing Enforcement Officer, who saw discarded bottles of alcohol with the applicant’s label on two occasions on 18 July 2024.
  • That the applicant, Mr and Mrs Mayurathan, failed to demonstrate and show a good understanding of the cumulative impact zone, how they would deal with street drinkers effectively, and how they would uphold the conditions within the operating schedule of the application.
  • That the applicants were unaware of / had not yet implemented matters such as conflict management training which is pertinent to upholding the licensing objectives engaged such as the prevention of public nuisance.
  • Concerns about the proposed working hours of staff of 12/13 hour days until 4am, and how the premises would be effectively monitored to deal with any street drinkers during those hours.

The Sub-Committee noted that the applicant is able to appeal the decision.