Content

Notification of
decision following a Licensing Panel hearing to determine an
application for a premises licence under section 17 of the
Licensing Act 2003
 
PREMISES: The 750 Ltd, Studio WLG1K,
Wallis House, 1100 Great West Road, Brentford TW8 0HE
 
APPLICANT: The 750
Ltd
 
TAKE NOTICE THAT ON 8 February 2024
following a hearing before the Licensing and General Purposes Sub
Committee (the “Licensing Panel” or
“Panel”),
 
HOUNSLOW COUNCIL, as the Licensing
Authority for the Premises RESOLVED that:
 
the application for the grant of the premises
licence for The 750 Ltd, Studio WLG1K,
Wallis House, 1100 Great West Road, Brentford TW8 0HE is
GRANTED, subject to the conditions and modifications stated
below.
 
 
REASONS:
 
1.            
The Panel convened to determine an application for a premises
licence for The 750 Ltd, Studio WLG1K,
Wallis House, 1100 Great West Road, Brentford TW8 0HE
(“the Premises”) under the Licensing Act
2003.
 
2.            
The application seeks the following hours for licensable
activities:
 

Supply of Alcohol for consumption off the premises
Monday to Sunday 24 hours
(online retail sales)
 
The
Opening Hours of the premises
Not open to the public
 
 
The application
included proposed conditions on the licence, which are set out in
Section M of the application shown at Appendix A.
 
3.            
The Premises are not currently licensed
and it is situated in an area of mixed commercial and residential
properties.
 
4.            
The Licensing Panel carefully considered all the relevant
information including:
 
• Written
representations made by all the parties
 
• The
Licensing Act 2003 and the steps appropriate to promote the
Licensing Objectives
 
• The guidance issued
under section 182 of the Licensing Act 2003
 
• Hounslow
Council’s licensing policy
 
• The Human Rights
Act 1998
 
5.            
As part of the consultation process the authority received two
objections from 
local residents.  The
representations raised questions about issues concerning public
safety, antisocial behaviour and public
nuisance.  A copy of the representations
are attached as Appendix B.  The Applicant responded to the representations and
a copy of her responses are attached as Appendix B1.
 
6.            
There was no representation from the Police, but they had agreed
conditions with the Applicant (“the Agreed
Conditions”), which are attached as Appendix
C.  The Agreed Conditions related to the
use and operation of a CCTV system which is included in similar
form to condition 1 and 2 of the model conditions (“the
Model Conditions”) set out in the Council’s
Statement of Licensing Policy 2020-2025 (“the
Policy”) as well as other conditions tailored to the
application.  
 
 
7.            
During the licensing panel hearing the facts giving rise to the
application for the grant of a premises licence were set out by the
licensing officer and were agreed by the Applicant.
 
8.            
The Applicant attended and the Chair allowed a total of 5 minutes
speaking time to the Applicant and any objectors but there were no
objectors present.
 
9.            
The Applicant explained the background to the application and that
the Premises would not be open to the general
public and would operate as an e commerce.  The Applicant said that she would be the only
person on the Premises.
 
10.         
In response to questions from the Panel the Applicant advised that
she would be using a delivery company called Evermile to deliver her products to
customers.  The Applicant would require
customers to confirm their age and to provide a name and address
and card payment details.  Delivery
drivers would be given the name and address and required to check
the information before verifying the customer’s
age.  If the delivery driver was not
satisfied that the customer was old enough the product would be
returned to the premises and the card payment would be
refunded. 
 
11.         
The Applicant also answered questions from the Panel about the
building where the Premises were situated and security arrangements
to get in and out of the building as well as the hours when
deliveries would take place.  The
Applicant confirmed that this would be between 10:00am and
2:00pm
 
12.         
In relation to the issue of the public safety the Statutory
Guidance states that:
 
“2.7         
Licence holders have a responsibility
to ensure the safety of those using their premises, as a part of
their duties under the 2003 Act. This concerns the safety of people
using the relevant premises rather than public health which is
addressed in other legislation. Physical safety includes the
prevention of accidents and injuries and other immediate harms that
can result from alcohol consumption such as unconsciousness or
alcohol poisoning. Conditions relating to public safety may also
promote the crime and disorder objective as noted above. There will
of course be occasions when a public safety condition could
incidentally benefit a person’s health more generally, but it
should not be the purpose of the condition as this would be outside
the licensing authority’s powers (be ultra vires) under the
2003 Act. Conditions should not be imposed on a premises licence or
club premises certificate which relate to cleanliness or
hygiene.
 
2.8 A
number of matters should
be considered in relation to public safety. These may
include:

• Fire safety;

• Ensuring appropriate access for
emergency services such as ambulances;
• Good communication with local authorities
and emergency services, for example communications networks with
the police and signing up for local incident alerts (see paragraph
2.4 above);
• Ensuring the presence of trained first
aiders on the premises and appropriate first aid kits;
• Ensuring the safety of people when leaving
the premises (for example, through the provision of information on
late-night transportation);

• Ensuring appropriate and
frequent waste disposal, particularly of glass bottles;
• Ensuring appropriate limits on the maximum
capacity of the premises (see paragraphs 2.12-2.13, and Chapter 10;
and
• Considering the use of CCTV in and around
the premises (as noted in paragraph 2.3 above, this may also assist
with promoting the crime and disorder objective).
 
……………
 
 
 
13.         
The Policy states the following:
 
“54. Each of
the four licensing objectives are of equal importance and therefore
each needs to be considered with equal weight.
 
55. The Council
expects applicants to risk assess their proposals and put forward
measures aimed at promoting the licensing objectives.
 
LP2 The Four Licensing
Objectives
 
1. Prevention of Crime and
Disorder
Whether the
proposal includes satisfactory measures to mitigate any risk of the
proposed operation making an unacceptable contribution to levels of
crime and disorder in the locality.
 
2. Public Safety
Whether the
necessary and satisfactory risk assessments have been undertaken,
the management procedures put in place and the relevant
certification produced to demonstrate that the public will be kept
safe both within and in close proximity
to the premises.
 
3. Prevention of Public
Nuisance
Whether the
applicant has addressed the potential for nuisance arising from the
characteristics and style of the proposed activity and identified
the appropriate steps to reduce the risk of public nuisance
occurring.
 
4. Protection of Children
from Harm
Whether the
applicant has identified and addressed any risks with the aim of
protecting children from harm when on the premises or in close proximity to the premises.”
 
14.         
The Panel noted this guidance and the comments in the Policy and
noted the representations from the local
residents and that the Police and the Applicant had agreed
conditions to accept that addressed the issues of public safety,
the prevention of crime and disorder and the prevention of public
nuisance.
 
15.         
The Panel considered that the wording of condition 2 of the Agreed
Conditions and considered that it would prevent emergency services
or workmen entering the Premises and therefore amended the wording
of this condition to permit entry by the emergency services or
workmen.
 
16.         
The Panel considered the wording of condition 4 of the Agreed
Conditions and took the view that it required the Applicant to
identify the perpetrator of a crime before a crime had been
committed and that the wording of condition 1 and 2 of the Model
Conditions would achieve the licensing objectives better than
condition 4 of the Agreed Conditions.
 
17.         
The Panel considered the wording of condition 9 of the Agreed
Conditions and noted that it was a reduced version of condition 49
of the Model Conditions.  The Panel took
the view that it was necessary to retain the full wording of
condition 49 of the Model Conditions.
 
18.         
The Panel looked at the Model Conditions and took the view that it
was not necessary in this case to insist on the Applicant complying
with all of the Model Conditions and
therefore took the view that only selected Model Conditions needed
to be included.  The Panel was however
concerned that Condition 6 was to apply to the delivery drivers
employed by a third party and that a condition must be added to
require the Applicant to provide a copy of the contract with the
delivery company before the licence was issued.
 
 
 
Decision
 
19.         
Having taken all the representations into account, the Agreed
Conditions, the statutory provisions and the Revised Guidance
issued under section 182 of the Licensing Act 2003 and the Policy,
the Panel considers that the application, with conditions 1, 3, 5,
6, 7 and 8 of the Agreed Conditions and with the amended wording of
condition 2 of the Agreed Conditions and with the additional
selected conditions from the Policy and an additional condition
about the contract with the delivery company, are sufficient to
satisfy the Licensing Panel’s concerns over compliance with
the licensing objectives.
 
20.         
The Licensing Panel has therefore decided to GRANT the
application, in respect of the following:
 

Supply of Alcohol for consumption off the premises
Monday to Sunday
                
00:00hrs to 00:00hrs
24 hours (online retail
sales)
 
The
Opening Hours of the premises
00:00hrs to 00:00hrs (not
open to the public)
 
 
AND with the
additional conditions from the Agreed Conditions and from the Model
Conditions and with a further condition from the Panel
 
 
1.   
All staff responsible for selling alcohol shall receive regular
training in the Licensing Act 2003. Written records of this
training shall be retained and made available to Police and Council
officers on request.
 
2.   
Members of the public shall not be allowed on the premises to
purchase or collect alcohol at any time save for delivery drivers
collecting orders.
 
3.   
The licence and premises are to fulfil internet generated sales for
delivery and no direct sales shall take place to the general public from the site.
 
4.   
The premises shall install and maintain a
comprehensive CCTV system as per the minimum requirements of the
Hounslow Police Licensing Team. All entry and exit points will be
covered enabling frontal identification of every person entering in
any light condition. The CCTV system shall continually record
whilst the premises is open for licensable activities and during
all times when customers remain on the premises. All recordings
shall be stored for a minimum period of 31 days with date and time
stamping. Viewing of recordings shall be made available immediately
upon the request of Police or authorised officer throughout the
entire 31-day period.
 
5.   
A staff member from the premises who is conversant
with the operation of the CCTV system shall be
on the premises at all times when the premises are
open.  This staff member must be able to
provide a Police or authorised council officer copies of recent
CCTV images or data with the absolute minimum of delay when
requested.
 
6.   
All potential customers must verify on the payment page of the
website that they are at least 18 years of age. If the applicant is
in any doubt as to the age of the customer, they will only deliver
the alcohol if the owner of the card that made the payment is
present at the delivery address; Orders will only be dispatched to
bona fide addresses,
 
• No
deliveries will be made to an open space,
• All
sales of alcohol for delivery must be paid for by credit card,
debit card (prepaid or otherwise) or electronic payment,
•
Details of the order (including the type, amount of alcohol, name
and address of the customer and delivery address if different) must
be included with the order.
• The
detail shall be shown on the printout dispatched with the
order,
• All
delivery drivers and riders must allow any police or authorised
local
•
authority officers to inspect any alcohol,
•
Deliveries only made to those over the age of 18.
 
7.   
A challenge 25 age verification scheme will be used. ID will be
required for deliveries to customers who do not look 25 years old.
They will be required to prove by way of photographic ID, either a
passport or driving licence that they are at least 18. The card
used for purchase will also be checked against the ID provided. If
the business is in any doubt then the
delivery of alcohol will not 33 be made, and a full refund will be
issued. Postal/ carriage deliveries will only be made once a
verified payment method has been established, and the customer has
confirmed they are 18 or over when making the purchase. 
 
8.   
A copy of the contract between Evermile and the 750 Ltd must be produced to the
Licensing Team as evidence that Evermile will be required to comply with condition
7 above before the licence is issued.
 
9.   
A record shall be kept detailing all refused sales of alcohol. The
record should include the date and time of the refused sale and the
name of the member of staff who refused the sale. The record shall
be available for inspection at the premises by
the police or an authorised officer of Hounslow Council at all
times whilst the premises is open.
 
10.An incident log shall be kept at the
premises and made available on request to an authorised officer of
the Hounslow Council or the Police. It must be completed within 24
hours of the incident and will record the following:
 
(a) all
crimes reported to the venue
(b) all
ejections of patrons
(c) any
complaints received concerning crime and disorder
(d) any
incidents of disorder
(e) all
seizures of drugs or offensive weapons
(f) any
faults in the CCTV system, searching equipment or scanning
equipment
(g) any
refusal of the sale of alcohol
(h) any
visit by a relevant authority or emergency service.
 
11.All sales of alcohol for
consumption off the premises shall be in sealed containers only and
shall not be consumed on the premises.
 
12.A direct telephone number for
the manager at the premises shall be publicly
available at all times the premises is open. This telephone
number is to be made available to residents and businesses in the
vicinity.
 
13.Outside the hours
when a member of staff is present on the premises, the premises
shall be left locked to prevent access to alcohol by members of the
public.
 
14.All waste shall be properly
presented and placed out for collection no earlier than 30 minutes
before the scheduled collection times.
 
15.No waste or recyclable
materials, including bottles, shall be moved, removed from or placed in outside areas between 21:00 hours
and 09:00 hours on the following day.
 
16.No advertisements of any kind
(including placard, poster, sticker, flyer, picture, letter, sign
or other mark) that advertises or promotes the establishment, its
premises, or any of its events, facilities, goods or services shall
be inscribed or affixed upon the surface of the highway, or upon
any building, structure, works, street furniture, tree, or any
other property, or be distributed to the public.
 
17.No deliveries to the premises
shall take place between 21:00hrs and 09:00hrs on the following
day.
 
18.All external emergency exit
doors shall be fitted with sensor alarms and visible indicators to
alert staff when the doors have been opened.
 
19.The approved arrangements at the
premises, including means of escape provisions, emergency warning
equipment, the electrical installation and mechanical equipment,
shall at all material times be maintained in good condition and
full working order.
 
20.The means of escape provided for
the premises shall be maintained unobstructed, free of trip
hazards, be immediately available and clearly identified in
accordance with the plans provided.
 
21.All emergency exit doors shall
be available at all material times without the use of a key, code,
card or similar means.
 
22.All emergency doors shall be
maintained effectively self-closing and not held open other than by
an approved device.
 
23.The edges of the treads of steps
and stairways shall be maintained so as
to be conspicuous.
 
24.Curtains and hangings shall be
arranged so as not to obstruct emergency safety signs or emergency
equipment.
 
25.All fabrics, curtains, drapes
and similar features including materials used in finishing and
furnishing shall be either non-combustible or be durably or
inherently flame retardant fabric. Any
fabrics used in escape routes (other than foyers), entertainment
areas or function rooms, shall be non- combustible.
 
26.The certificates listed below
shall be submitted to the licensing authority upon written
request.
 
a. Any
permanent or temporary emergency lighting battery or system
b. Any
permanent or temporary electrical installation
c. Any
permanent or temporary emergency warning system.
 
27.Flashing or particularly bright
lights on or outside the premises shall not cause a nuisance to
nearby properties, save insofar as they are necessary for the
prevention of crime.
 
 
Right to Appeal
 
Any party aggrieved with the decision of the
Licensing Panel on one or more grounds set out in schedule 5 of
Licensing Act 2003 may appeal to the local Magistrate’s Court
within 21 days of notification of this decision.