The Licensing Sub-Committee of Tower Hamlets Council met on Tuesday 22 March 2022 to consider a new premises licence application for an organic grocery store and a review of a premises licence for a mini-market. The committee decided to grant the licence for the organic grocery store with modified hours for alcohol sales, and to revoke the licence for the mini-market.

New Premises Licence for Organic Grocery Store

The committee considered an application for a new premises licence for an organic grocery store at 284 to 286 Poplar High Street, London E14 0BB. The applicant, Sulayman Salak, proposed to sell organic and natural products, including off-sales of alcohol. A resident objector, Laura Spencerley, raised concerns about potential anti-social behaviour, particularly from young people congregating outside the premises late at night, and stated that residents were initially told that commercial properties below their flats would not be allowed alcohol licences.

Councillor Victoria Obaze questioned the applicant about whether he had met with Ms. Spencerley to address her concerns, to which Mr. Salak replied that he had emailed her twice to arrange a meeting but had not received a response. Ms. Spencerley confirmed receiving the emails but reiterated her concern that selling alcohol late into the night would encourage anti-social behaviour, stating, I just don't want something that's going to make it worse.

The committee discussed reducing the hours for alcohol sales. Mr. Salak agreed to reduce the proposed hours to 10:30 p.m. on all days, which he stated would be acceptable. Ms. Spencerley felt that 10:30 p.m. was still quite late but acknowledged it was better than midnight. The committee noted that the initial application for non-standard hours for New Year's Eve had been withdrawn.

The committee decided to grant the premises licence with the agreed reduced hours for alcohol sales, from 7 a.m. to 11 p.m. on Sundays and 7 a.m. to 10:30 p.m. from Monday to Saturday. The committee also noted that Ms. Spencerley's concerns regarding initial assurances about alcohol licences were outside the remit of the licensing subcommittee and advised her to speak with her landlord and local councillors.

Review of Premises Licence for Parnell Mini Market

The committee then considered an application for a review of the premises licence for Parnell Mini Market at 117A Parnell Road, London E3 2RT. The review was triggered by Trading Standards, with supporting evidence from the Metropolitan Police. Alex Brander from Trading Standards presented the case, detailing a test purchase operation on 13 December 2021 where a 16-year-old and a 15-year-old were able to purchase alcohol without their identification being checked. Mr. Brander also highlighted concerns about the authenticity of the refusals log, the licensee's understanding of proxy purchases, and a history of selling age-restricted goods to minors, including previous sales of cigarettes in 2020 and 2021.

PC Mark Perry from the Metropolitan Police supported the review, stating, On the balance of probability, we say that this premises has been selling alcohol to anyone who wants it for that period of time. They have consistently failed uphold the licensing objectives of protecting children from harm. Both Mr. Brander and PC Perry recommended the revocation of the licence due to a lack of confidence in the licensee's ability to uphold licensing objectives.

Representing the licence holder, Anwar Khan, solicitor, argued that the person who sold the alcohol, Mohammed Mehdi Hassan, had undergone training. However, David Wong, the council's legal advisor, clarified that cross-examination of other parties was not permitted without the authority's express leave. Mr. Khan attempted to submit additional documents, but the Chair, Councillor Mohammed Pappu, ruled that new material could not be presented at the hearing.

During questioning, Councillor Victoria Obaze sought clarification on previous court proceedings mentioned on page 203 of the papers, where it was stated that Mr. Huck and the company pleaded guilty, versus page 242, which indicated they did not respond to court proceedings. PC Mark Perry explained that this was a single justice procedure where a fine was issued in the absence of a response. Mr. Huck confirmed that he had paid a penalty charge for a previous tobacco sale in March 2020, stating it was their first incident and that the business was new and he was confused at the time.

The committee discussed the history of breaches, including the sale of cigarettes in 2020 and 2021, and the recent alcohol sale. Mr. Huck stated that he had provided training to his staff and that they were now more serious about checking IDs, providing video evidence of a recent ID check. However, the committee expressed concerns about the consistency of these practices.

In their concluding remarks, Mr. Khan stated that they were taking every step to avoid future incidents, including changing all staff, providing regular training, and monitoring CCTV. PC Mark Perry and Alex Brander reiterated their lack of confidence in Mr. Huck, stating, we have no confidence or faith that the owner would be able to uphold the licensing objectives. They urged the committee to revoke the licence.

The committee decided to revoke the premises licence for Parnell Mini Market.

Other Business

The committee also agreed to extend the decision deadlines for four applications: Kill the Cat at 14 Market Street, London E1; Silver Sockeye at Wapping Pair, King Henry Stairs, Wapping High Street, E1; A Sake Collective at 144 to 146 Commercial Street, London E1; and the Rafa Racing Cycle Club at Spitalfields Market, 61 to 63 Brushfield Street, London E1. These extensions were agreed until 30 June 2022.