Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 11, 2025

Purpose:

Content: In reaching its decision, the Licensing Sub-Committee (“LSC”) considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder, and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the LSC did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.    Having considered all written representations, evidence, and oral submissions, and the Applicant adopting the licencing conditions proposed on behalf of the Commissioner of the Metropolitan Police, amending its application to alter the hours for sale of alcohol for consumption off the premises until 09:00 and proposing an additional condition to the licence for the licence holder to draft and adopt a written dispersals policy for anti-social behaviour by gatherings of the persons in the immediate vicinity of its premises, the LSC resolved to grant the premises licence for the sale and supply of alcohol for consumption off the premises.   Permitted Hours for Licensable Activities (Supply of Alcohol (Off the premises only)): Monday – Sunday from 09:00 hours until 23:00 hours.   The Premises Licence shall be subject to the following conditions:-   1.    CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition, and recordings shall be kept for thirty-one (31) days and shall be made immediately available to Police or authorised officers from the Local Authority (as defined by Section 13 of the Licensing Act 2003) upon request.   2.    CCTV camera shall be installed to cover all the entrances and exits of the premises.   3.    A member of staff trained in the use of the CCTV system shall be available at the premises at all times that the premises are open for trading. This staff member shall be capable of making copies and downloading any footage immediately requested by the Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).   4.    The CCTV system shall display on any recordings the correct date and time of the recording.     5.    The CCTV system shall be capable of obtaining clear facial recognition images, and a clear head and shoulder image, of every person entering or leaving the premises.   6.    A 'Challenge 25' policy shall be adopted and adhered to at all times, with posters - including "It's A Crime!" designed to warn against proxy sales - shall be prominently displayed.   7.    An Incident Log shall be kept at the premises and be made immediately available for inspection on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003), which will record as a minimum the following: a.    Any complaints received. b.    Any incidents of disorder. c.    Any faults in the CCTV system. d.    Any visit by a relevant authority or emergency service.   Details shall be recorded in this Log immediately following each incident.   8.    A Refusals Register detailing the date and time of any refused sales of alcohol, the name of the person refusing the sale, and a description of the person attempting to purchase alcohol, shall be kept and maintained, and made immediately available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003). Details shall be recorded in this Register immediately following each refusal.   9.    Any staff directly involved in selling alcohol for retail to consumers and any staff who provide in-house operational training, including managers, shall undergo training in the Licensing Act 2003 legislation at least every six (6) months as a minimum. The training shall be documented and signed off by the Designated Premises Supervisor and each member of staff receiving the training. The Training Log shall be made immediately available on request to Police or authorised officers from the Local Authority (as defined by Section 13, Licensing Act 2003).   10.Acceptable proof of age when determining if a customer is over 18 years for the purposes of the sale of alcohol shall include identification bearing the customer's photograph, date of birth, and integral holographic mark or security measure. Suitable means of identification would include a 'PASS' approved proof of age card, a photocard driving licence, or a passport. 11.A sign stating "No proof of age - No sale" shall be displayed at the point of sale.   12.Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and businesses, and to leave the premises and the area quietly.   13.There shall be two members of staff on duty at the premises after 21:00 hours.   14.No high Strength beers, ciders, lagers, and spirit mixers with an ABV of 6.5% and above shall be stocked or sold at the premises, with the exception of imported premium and craft beers with the written consent of the Licensing Authority and the Police.   15.Signage shall be prominently displayed in the premises advising customers not to congregate outside the premises. Details of any loiterers who refuse to move on after authorised staff have made a reasonable request should be noted in the premises' Incident Record.   16.A written dispersals policy shall be adopted, and all staff shall be made aware and given training on the same, in order to require the dispersal of individuals or groups of individuals gathering or loitering in the immediate vicinity of the premises. For the avoidance of doubt the dispersal policy shall include the forecourt area adjacent to the public highway   17.All alcohol on display shall be in full view of the cashier / staff member on duty at all times and shall not be obscured by displays or shelving.   18. All alcohol and age restricted goods shall be placed away from goods aimed at children such as sweets, magazines etc.   19.During the hours of operation of the premises, the Premises Licence Holder shall ensure that sufficient measures are in place to remove and prevent litter or waste arising from customers in the area immediately outside the premises, and that this area is kept clear of litter.   20.Cashier to have clear and unobstructed view of the public entrance to the premises and the immediate vicinity outside the premises, with no signage or posters above 1.2m high displayed obstructing the view.   21.Alcohol shall not be sold in an open container or be consumed in the licensed premises.   22.Multipacks of alcohol shall not be divided for sale of single cans or bottles, or other single containers. 23.Signage shall be prominently displayed stating, "Alcohol must be consumed off the premises".   24.There shall be no shared facilities or promotions between this premises and the adjacent betting shop located at 31 Herbert Road.   25.The checkout area/tills shall be located in view of the exit/entrance door to the premises to allow clear visibility of customers entering and exiting the premises.   26.There shall be no licensable activities permitted at any time that there is a fault with the CCTV system at the premises.   27.All deliveries and waste collections to and from the premises, shall take place between 08:00 hours and 23:00 hours, so as not to not cause a disturbance to the nearby residents.   28.Waste shall be kept securely in a designated area and the movement of bins and rubbish shall be kept to a minimum at all times to reduce the levels of noise produced by the premises.   Basis of Decision   In reaching its decision, the LSC noted and gave due regard to the written representations from Responsible Authorities, namely on behalf of the Commissioner of Police of the Metropolis and the Public Health team of the Royal Borough of Greenwich which were conciliated to the application upon the Applicant agreeing to the conditions proposed on behalf of the Commissioner of Police.   It also had regard to two written representations from local residents in opposition to the application. The LSC did not consider a further objection which was withdrawn prior to the LSC meeting on 11 June 2025.   The LSC noted that the premises were within the Cumulative Impact Zone for Herbert Road (off Plumstead Common Road) and it was mindful of Paragraph 11 of Royal Borough of Greenwich’s Statement of Licensing Policy and paragraph 11.7 in particular:   ‘11.7 The effect of the cumulative impact policy is that the Royal Borough will refuse applications for new premises licences or club premises certificates, or material variation of an existing licence or certificate, whenever it receives relevant representations, unless an applicant can demonstrate why the grant or variation involved will not add to the cumulative impact experienced.’   The LSC heard evidence from Jane Dale the Licensing Officer for the Licensing Authority and noted that there were several businesses on Herbert Road currently operating with a license to sell alcohol for consumption on and off the premises. It therefore was mindful of paragraph 11.9 of the Statement of Licensing Policy that states within the Cumulative Impact Zones different types of licenced premises mutually benefit from one another’s existence and may attract large groups of people with a potential increase in the risk of crime and disorder and public nuisance, thus impacting on the promotion of the licensing objectives. The LSC therefore gave special consideration to the application.   In reaching its decision the LSC noted the use of Temporary Event Notices (“TENs”) by the applicant for 21 days in this calendar year for the supply of alcohol at the premises, and the submissions on behalf of the applicant that no incidents were recorded during the sales. The LSC inquired specifically to the applicant’s compliance removing alcohol after the TENs applied and was informed that they had fully complied with the licensing regime.   The LSC gave due regard to concerns of crime and disorder in the area of the Herbert Road Cumulative Impact Zone and was addressed by the applicant to the effect that no incidents of disorder had occurred during the business’ operation on Herbert Road thus far. It also heard that the applicant operated the store as part of a family business with several similar licensed premises within London and had a positive track record of compliance with the licensing objectives in all other businesses. The Applicant undertook to thoroughly train all staff with compliance in the 2003 Act as part of its licensing conditions and had adopted the conditions proposed by the relevant authority in its application in addition to altering the timing for sale of alcohol until 09:00 to account for the presence of children making their way to school. The Applicant also noted it had agreed the conditions proposed by the Commissioner of Police regarding the display and location of alcohol within its premises and stated it would comply by placing alcohol only at the designated locations within its store.   The LSC also considered the applicant’s offer through its legal representative to adopt a written dispersals policy for inside and directly outside its premises a condition for granting the licence in order to counteract the risk of individuals gathering with the associated risks of crime and disorder and public nuisance. The LSC determined that the adoption of such a policy and its use by staff was a necessary and proportionate condition to promote the prevention of crime and disorder and of public nuisance at the premises within the Cumulative Impact Zone and at a location on Herbert Road in close proximity to other premises licensed for the sale of alcohol.   In consequence of a raft of conditions the LSC considered comprehensive and the amendment of hours for undertaking licensable activities under the application, the LSC determined that the grant of a new premises licence will not add to the cumulative impact of the Herbert Road Cumulative Impact Zone.    Any party aggrieved by this decision may appeal to the magistrates’ court within 21 days.