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Licensing Sub-Committee - Tuesday 8 April 2025 9:45 am
April 8, 2025 at 9:45 am Licensing Sub-Committee View on council website Watch video of meeting Watch video of meetingSummary
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The Licensing Sub-Committee granted a new premises licence to The Carbonite Drinks Company Limited for the sale of alcohol from 8 Northweald Lane, Kingston upon Thames, KT2 5GW. Despite numerous objections from local residents concerning crime, disorder, public nuisance, and the protection of children, the committee decided to grant the licence with a range of conditions.
Application for a New Premises Licence for The Carbonite Drinks Company Limited
The Licensing Sub-Committee considered an application from The Carbonite Drinks Company Limited for a new premises licence to sell alcohol for off-premises consumption only, between 10:00 and 17:00 hours daily. The premises, located at 8 Northweald Lane, Kingston upon Thames, KT2 5GW, would be used exclusively for storing pre-bottled rum intended for online retail, with no public access permitted.
The application received eleven valid representations from Other Persons
(local residents), raising concerns primarily related to the prevention of crime and disorder and the prevention of public nuisance. These objections highlighted fears of increased criminal activity due to the storage of alcohol, potential for anti-social behaviour, noise from deliveries, and risks to children playing in the vicinity. Some objectors also cited restrictive covenants on the estate that they believed prohibited business use of the property.
The Council's Trading Standards Officer initially raised concerns regarding the protection of children from harm, but these were withdrawn after the applicant agreed to amendments to the operating schedule. No objections were received from other Responsible Authorities
such as the Police or Fire Service.
The applicant, David John Hughes, explained that the rum would be bottled and stored at the premises before being dispatched via courier. He stated that he had taken steps to enhance security, including installing fireproof cabinets, smoke detectors, cameras, floodlights, and ring cameras. He also confirmed that his landlord had consented to the proposal and that he intended to hold minimal stock, typically no more than four or five cases at a time. He assured the committee that he worked in the security industry and took security very seriously, and that he would cease operations if any significant problems arose.
The Licensing Sub-Committee considered the arguments presented by both the applicant and the objectors. They noted that the proposed hours of operation were within the Council's Statement of Licensing Policy guidelines. While acknowledging the residents' concerns, the committee concluded that the evidence submitted by the objectors related more to perceived issues in a nearby social housing development, which were outside the applicant's control. The committee also noted that restrictive covenants were a civil matter and outside the remit of the licensing authority.
Ultimately, the Licensing Sub-Committee decided to GRANT the application for a new Premises Licence, subject to a comprehensive set of conditions. These included:
- Hours: Alcohol sales permitted Monday to Sunday from 10:00 to 17:00 hours. No public access to the premises at any time.
- Prevention of Crime and Disorder: Conditions relating to the conduct of the premises (no public access, no external advertising, alcohol not visible from outside, all alcohol in sealed containers), and staffing/training (staff training on underage sales, record keeping, refresher training every six months).
- Prevention of Public Nuisance: No collections of waste or recycling materials between 23:00 and 07:00 hours.
- Protection of Children from Harm: Implementation of a
Challenge 25
age verification policy, with acceptable forms of identification specified. Notices to be displayed advising customers they may be asked for ID. Strict procedures for alcohol delivery, including account opening procedures for customers over 18, payment at time of ordering, delivery by persons aged 18 or over, separate packaging of alcohol, and verification of recipient's age and card used for purchase. A refusals book to be maintained. - Additional Conditions: No commercial collections by the public from the premises, and no deliveries by the premises licence holder to customers via commercial vehicle collection from the premises, other than the business owner's personal deliveries to a transport agent. Deliveries to the premises to take place only between 10:00 and 17:00 hours, Monday to Friday.
The committee recommended that the applicant further review the strength and security of the garage doors and other measures. They also noted that residents might consider pursuing a private claim regarding the restrictive covenant.
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