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Licensing (2003 Act) Sub-Committee - Monday 2nd December 2024 10.00 a.m.

December 2, 2024 View on council website  Watch video of meeting or read trancript
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Summary

The Licensing (2003 Act) Sub-Committee met to consider an application from Food & Wine Cross at 169 High Street North in East Ham to vary the conditions on its licence, which had been imposed in June 2024 following problems with street drinking. The Sub-Committee refused the application to remove the requirement for sales of spirits to be in bottles larger than 35cl, and for single cans and bottles of beer, lager, and cider, with a volume of 500ml or less, to be sold in packs of at least two. However, the Sub-Committee agreed to the removal of the requirement for all bottles of alcohol to be marked with the name and address of the shop. The Sub-Committee also agreed to amend the condition requiring the licensee to have a personal licence holder on the premises at all times, so that a nominated person could be present instead, and to change the wording of the condition regarding CCTV, so that immediate access must be provided to officers on request, with any download being provided within 24 hours.

Application to Vary Premises Licence - 169 High Street North

The Sub-Committee considered an application from Mr Raya Saundar Rajesh, the licence holder of Food & Wine Cross at 169 High Street North, East Ham, to vary five of the conditions that were imposed on his licence in June 2024 following a review.

35cl Minimum Bottle Size for Spirits

Mr Rajesh requested the removal of the condition preventing him from selling spirits in bottles smaller than 35cl, arguing that this was harming his business. He stated that:

We do have regular customers, good customers. Those people do write petitions to support this application. They do buy when they way back to work, you know, back from work. When they go, go home, they do come and buy some, um, uh, few shoppings, including this small bottle.

Mr Rajesh's representative, Mr Nader Rajesh, pointed out that other similar businesses nearby were not subject to the same restriction. However, PC Ian Wagstaff, representing the Metropolitan Police, stated that East Ham Town Centre had been designated as a Cumulative Impact Zone by Newham Council in 2024. This means that there is a presumption that applications for new licences, or variations to existing licences, that are likely to add to the existing problems will normally be refused. Mr Wagstaff argued that the area was:

one that is problematic for antisocial behavior caused by street drinkers and groups of males congregating outside of off licenses, betting offices and adult gaming centers.

He pointed to a heat map showing the number of incidents of antisocial behaviour in the area, and said that there was clear evidence of problems with street drinking, including discarded cans of high-strength alcohol and miniature bottles of spirits. Mr Steve Jackson from Newham Council's Licensing Team agreed, stating that:

The area is plagued with street drinkers and gangs. And most of the premises selling alcohol, as we've just heard, or the, the sell off sales have got robust conditions on their license to assist with this.

Mr Jackson said that there had been an improvement in the area since the conditions were imposed in June, and that he believed that removing them would lead to an increase in street drinking.

The Sub-Committee decided to refuse the application to remove the condition restricting the size of bottles of spirits to 35cl.

Minimum Two-Can Purchase

Mr Rajesh requested that the condition requiring single cans and bottles of beer, lager, and cider with a volume of 500ml or less to be sold in packs of at least two should be relaxed, to allow single cans of larger volume drinks, like 750ml and 1-litre bottles, to be sold individually.

Mr Jackson told the committee that he had not seen many larger bottles of beer discarded in the street, but said that he would:

certainly, if that was agreed, I would definitely keep the 35% ABV, the 35cl spirits.

The Sub-Committee decided to amend the condition to require beers, lagers, stouts and ciders of 500 millilitres inclusive or less to be sold in a minimum purchase of two.

Bottle Marking

Mr Rajesh requested the removal of the condition requiring him to mark all bottles of alcohol with the name and address of the shop. He said this was time-consuming and an unnecessary burden on the business, as he was already refusing to serve street drinkers. He also argued that it was possible for someone to buy a bottle of alcohol from his shop, mark it with the name and address of another off-licence, and then give it to a street drinker. He suggested that instead, a condition be added to his licence stating that alcohol would not be served to any known problem maker or street drinker.

The Sub-Committee agreed to remove the requirement for all bottles of alcohol to be marked with the name and address of the shop.

Requirement for a Personal Licence Holder on the Premises

Mr Rajesh requested that the condition requiring a personal licence holder to be present at the premises at all times during permitted hours be amended, to allow for a nominated person to be present instead. He said that it was difficult to find staff who were willing to undergo the training required to become a personal licence holder, especially for a short period of employment.

The Sub-Committee agreed to amend the condition to allow for a nominated person to be present during licensing hours.

Provision of CCTV

Mr Rajesh sought to vary the wording of the condition relating to CCTV, so that downloads would only need to be provided to the police on request, and could be provided within 24 hours. Mr Jackson said that he would prefer for a member of staff to be able to download CCTV footage immediately, as required.

Councillor Bush expressed concern that the proposed change would make it harder for the police to investigate incidents at the premises, saying:

We could be waiting another half an hour.

Mr Nader Rajesh said that the reason for the request was that Mr Raya Saundar Rajesh was concerned about giving all of his staff full access to the CCTV system, in case they made a mistake and deleted footage. He said:

They know they're fully trained how to operate if they purposely delete it because sometimes if they made any mistake I would why would that occur it happens very often in lots of premises they sometimes handle money and do something they go and delete the recording

Mr Jackson suggested that the wording of the condition could be amended to require staff to be able to provide the police with access to CCTV footage immediately, with downloads being provided within 24 hours, and this was agreed by the applicant.

The Sub-Committee agreed to amend condition eight, so that officers will be provided with immediate access to view CCTV footage on request, with the download being provided within 24 hours.