The Licensing Sub-Committee of Southwark Council met on Tuesday 10 January 2023 to consider a review of the premises licence for Costless, a shop located at 23-25 Camberwell Road, London SE5 0EZ. After extensive deliberation, the committee decided to modify the premises licence, including restricting the hours for alcohol sales and imposing new conditions.

Review of Premises Licence for Costless

The Licensing Sub-Committee considered an application made by Trading Standards for a review of the premises licence held by Mohammad Choudrey for Costless. The review was prompted by numerous alleged breaches of licensing regulations, including operating without a licence, selling alcohol to underage individuals, and issues related to staff working hours and the sale of age-restricted products.

The legal representative for the applicant initially requested an adjournment, citing the inclusion of a previous decision in the agenda pack, which they argued would prejudice a fair hearing. However, the committee decided to proceed, stating that the members were experienced and would disregard the previous decision.

During the hearing, evidence was presented by Trading Standards, the Metropolitan Police Service, and the Licensing Responsible Authority. Trading Standards highlighted a series of incidents dating back to 2019, including test purchases of alcohol, the sale of unlicensed alcohol, and employees working excessive hours. PC Mark Lynch of the Metropolitan Police Service also provided evidence of complaints regarding street drinking and anti-social behaviour in the vicinity of the premises. The Licensing Responsible Authority officer noted that breaches witnessed in 2022 replicated those seen in 2019, and that the premises had operated without a licence for a period.

The premises licence holder's legal representative disputed many of the allegations, arguing that there had been no formal warnings or prosecutions, and that the premises had not been properly notified of the outstanding licence fee. They also contended that the Designated Premises Supervisor (DPS) had not officially resigned and that Trading Standards had overstepped their remit by questioning staff immigration status.

The sub-committee found that there was a catalogue of licence condition breaches and offences committed by the premises, including operating while the licence was suspended and breaches related to the sale of age-restricted products and precursor chemicals. They also noted concerns about potential modern-day slavery due to employees working excessive hours. Furthermore, the committee was satisfied that the premises contributed to anti-social behaviour in the vicinity.

Despite the severity of the breaches, and noting that the committee would have considered revoking the licence if the review had been brought forward sooner, the sub-committee decided not to revoke the licence. This decision was made in light of changes in management, with Zahir Hussain now added as a joint licence holder and DPS, and the passage of time.

The committee resolved to modify the premises licence. The hours for the sale of alcohol for consumption off the premises were restricted to Monday to Sunday, 08:00 to 23:00, aligning with Southwark's statement of licensing policy¹ for off-licences in residential areas. This change was intended to reduce anti-social behaviour from street drinkers.

In addition to the revised hours, a comprehensive set of conditions was imposed on the licence. These included requirements for staff training, the maintenance of invoices from reputable companies, updated CCTV conditions, a personal licence holder to be on the premises at all times alcohol is sold, the implementation of a Challenge 25 scheme, and the maintenance of a register of refused alcohol sales. Further conditions stipulated that high-ABV beers and ciders above 6.5% would not be displayed or sold without prior police permission, and that customers would not be permitted to drink outside the premises.

The sub-committee concluded that these modifications and conditions were appropriate and proportionate, having regard to all relevant considerations and the four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm.