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Alcohol and Entertainment Licensing Sub-Committee - Tuesday 17 December 2024 2.30 pm

December 17, 2024 View on council website
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Summary

This meeting will consider an application for a new premises licence for Martins News, a newsagent at 217 Cricklewood Broadway, NW2 3HS. The application is for the sale of alcohol for consumption off the premises, and to allow the business to remain open from 06:00 to 02:00, seven days a week.

Application for New Premises Licence by Mr Shamoon Ali Chaudhary for Martins News, 217 Cricklewood Broadway, NW2 3HS

The report pack contains an application for Martins News to be granted a new premises licence under the Licensing Act 2003. The applicant, Mr Shamoon Ali Chaudhary, seeks permission for the following licensable activity:

  • The supply of alcohol for consumption off the premises, from 06:00 to 02:00, Monday to Sunday.

The applicant is represented by ADM Training Services, of 8 Oxford Road, Harrow, HA1 4JF.

The report notes that:

The review of the Statement of Licensing Policy has introduced Cumulative Impact Zones for all new or variation applications for ‘Off’ licences in the borough. This application falls within a Cumulative Impact Zone. The presumption is that any new licence or variation to an existing licence that increases the scope for the sale of alcohol will not be granted unless the applicant can evidence that the licence will not negatively impact on the licensing objectives.

Police Representation

PC Phil Graves, the Licensing Constable for the area, submitted a representation objecting to the application on behalf of the Metropolitan Police.

PC Graves notes that the application site sits within the Cricklewood Broadway Cumulative Impact Zone (CIZ)1. He argues that:

As you can see from this application the venue is wanting to sell alcohol from 06.00 hours in the morning till 02.00 hours. [...] The application makes a brief reference to the CIZ, but thinks it’s reasonable to sell alcohol twenty hours a day seven days a week in [an] area suffering from very high crime and ASB quite often fuelled by alcohol and street drinking.

He goes on to cite data from the month of September from the Metropolitan Police website for the NW2 3HS postcode area. The data he presents shows that there were:

  • 140 total crimes.
  • 44 reports of anti-social behaviour.
  • 14 public order offences.
  • 23 violent and sexual offences.

He provides a list of nearby off-licences, highlighting the number of venues with existing licenses to sell alcohol in the area. He says:

Adding another off license will just add more street drinkers, price wars with competitors and add crime and ASB to area already suffering from high crime figures.

On these grounds, PC Graves objects to the application in full, on the basis that it is likely to negatively impact all four licensing objectives.

Licensing Authority Representation

Esther Chan, Licensing Inspector for Brent Council, submitted a representation on behalf of the Licensing Authority.

Ms Chan notes that, between 1 July 2021 and 30 June 2022, there were:

  • 238 crimes reported to the police in Cricklewood Broadway
  • 149 reports of anti-social behaviour
  • 2 reports of public order breaches
  • 81 reports of violence

She goes on to summarise a telephone conversation she had with Mr Chaudhary on Wednesday 27 November 2024, during which she asked him a series of questions about his application and his plans for the business.

When asked about the presence of existing off-licences in the local area, and why he felt there was a need for a new off-licence, Mr Chaudhary explained that his revenue from Oyster Card and National Lottery sales had declined since the pandemic, and that he felt that offering alcohol for sale would help him to increase revenue.

He explained that he intends to convert the premises to a mini supermarket, and that the sale of alcohol is part of his business plan.

In her concluding summary, Ms Chan reiterates that the Licensing Authority's Statement of Licensing Policy places the onus on applicants for new licences in Cumulative Impact Zones to demonstrate that their business will not add to the cumulative impact that the CIZ is seeking to address. She notes that:

While Mr Chaudhary was able to explain the licensing objectives, I am mindful that the area is saturated with off licences. Furthermore, there is no evidence to support that the applicant is offering anything niche in the market.

Ms Chan therefore requests that the sub-committee refuse the application, arguing that Mr Chaudhary has not met the requirements of the Council's Statement of Licensing Policy.

In the event that the sub-committee does grant the application, she provides a list of 23 conditions that the Licensing Authority would require to be added to the licence.

These conditions relate to the following:

  • CCTV: Installation and maintenance of a CCTV system to Home Office standards.
  • Age verification: Adoption of a Challenge 25 policy, and display of a 'No proof of age - no sale' sign at the point of sale.
  • Staff training: All staff involved in the sale of alcohol to undergo regular training on the Licensing Act 2003.
  • Security: All alcohol to be secured behind locked grills or in locked cabinets outside of the hours authorised for the sale of alcohol.
  • Public nuisance: Display of a notice asking customers to leave quietly.
  • Incident log: Maintenance of an incident log to record crimes, ejections, complaints, incidents of disorder, and other relevant events.
  • High-strength alcohol: No high-strength beers, lagers, or ciders above 6% ABV to be stocked or sold.
  • Single cans/bottles: No single cans or bottles of beer, lager, or cider to be sold.
  • Miniatures: No miniatures (5cl or 50ml) to be sold.
  • Visibility: A clear and unobstructed view into the premises to be maintained at all times.
  • Deliveries: All deliveries to take place between 09:00 and 18:00.
  • Cash handling: Use of a lockable safe with a deposit slot and anti-fishing mechanisms.
  • Intruder alarm: Installation and maintenance of a suitable intruder alarm and panic button.
  • Personal licence holder: A personal licence holder to be present on the premises and supervise the sale of alcohol throughout the permitted hours.
  • Alcohol labelling: All alcoholic drinks to be clearly labelled with the name of the premises.
  • Till prompt: Use of an electronic till prompt for all alcohol sales.
  • Staffing: The premises to be staffed by a minimum of two persons at all times.

The Licensing Authority also propose that the hours during which the sale of alcohol would be permitted be amended as follows:

  • Monday to Friday: 08:00 to 00:00
  • Saturday to Sunday: 08:00 to 02:00

  1. A Cumulative Impact Zone is an area in which the sheer number of licensed premises in one geographic area are having a combined negative impact on one or more of the four licensing objectives.