Following introductions, the Chair welcomed everyone to the meeting and explained the procedure to be followed.

The following were present at the hearing:

Members of the Licensing (2003 Act) Sub-Committee was asked to consider and determine an application for a new premises licence for:

Ally’s Food and Wine Store, 257 High Street, Stratford, E15 2LS and any valid representations that had been made.

Mr Colin Hunt presented the report and advised the Sub-Committee that application for new premises licence had been received by the Licensing Authority on 16 April 2012 for the sale of alcohol (off the premises),  07:30 hours to 23:00 everyday.

There were no questions to Mr Hunt.

PC Sanj Padda outlined the representations from the Metropolitan Police in respect of the application, as summarised on page 21 on the agenda.

The Applicant, Ms Nurhaki addressed the meeting.  Ms Nurhaki explained that the premises are part of a family business, established in 2000, which recently received Limited Company status.  These premises are the sixth property purchased by the company, in shell form for rental.  This was the second business in which she had been personally involved in.

Ms Nurhaki said that there had been no criminal convictions involved with the any of their premises; recent objections referred only to opening hours.

Ms Nurhaki said that in reality, the business would not open until 08:00.

During the Olympics Games, they intend to employ additional staff.

Ms Nurhaki referred to their other premises in Greenwich, which had no alcohol related problems.  The majority of their problems related regarding the refusal of credit, groups of young people and issues around change given.

Ms Nurhaki referred to the CCTV software used, comments from local police on the high image quality, sound recording and Challenge policies.

In response to questions from the Chair and Councillor Bailke on can quantity and strength, Ms Nurhaki stated that single cans were sold, using management’s judgement; but their staff watch out for street drinkers and have offered them alternative products. 

Ms Nurhaki said that their business in Greenwich also operates a can labelling scheme, to help the police identify the street drinking purchase.

Ms Nurhaki said that they would consider a condition not to sell single cans and those exceeding 6% alcohol volume.  She added that the business would focus and promote the sales of world wines.

Ms Nurhaki also mentioned internal shutters and panic alarm, to allay potential problems.  These were used in their other premises and would be used in this location.

Ms Nurhaki passed to PC Padda, a copy of the letter from the CCTV Company.  She also confirmed that there would be someone on site at all times to control the CCTV.

There being no further statements or questions, the Licensing Sub-Committee resolved to exclude all parties and officers to allow for a deliberation in private at 10.25pm.  The Clerk and legal representative remained.

All parties returned at 10.46 for the decision of the Sub-Committee.

Decision

This is an application for a new premise license for Ally’s Food and Wine Store, 257 High Street Stratford, E15.

Representations were received from the Metropolitan Police on the licensing objective of Crime and Disorder (appendix B).

The Metropolitan Police stated that the hours of the premises were a concern.  It was also stated that there was nothing within the operating schedule to deal with the strength and quantity of alcohol to be sold.

Having considered the representations of the Metropolitan Police and the submissions of the applicant, the Sub-Committee have agreed to grant the application with the following conditions:

Hours for the Supply of Alcohol

10:00 to 23:00 every day

Beers, lagers and ciders sold at the premises shall not exceed 6% alcohol volume. 

Beers, lagers and ciders shall be sold in can packs of no less than four.

The License holder shall implement a can and bottle marking scheme.

CCTV Conditions:

a) The DPS shall ensure that CCTV cameras and recorders are installed at the premises of a standard acceptable to the police. The system shall be maintained in good working order and fully operational covering both internal and external areas of the premises to which the public have access.

b) The CCTV cameras views are not to be obstructed and the cameras shall be placed in locations approved by and in consultation with the police.

c) The medium on which CCTV images are recorded will be clearly identifiable, stored securely and shall be retained for a period of 31 days and shall be available for inspection by the police, or an authorized officer upon request. At all times when the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the Police Officers or an authorised officer in obtaining the CCTV footage.

d) The CCTV system shall, except for maintenance by a contractor between 0700 hours and 1900 hours be operational and recording twenty four hours of the day.

e) If the CCTV system is broken, the License Holder, DPS or a member of staff are to contact the Police Licensing Team immediately and the fault to be rectified as soon as practicable.  If the CCTV is not working, then the venue shall remain closed until such time as it has been fixed.  A record of downloads/maintenance or viewing to be recorded by operator.

f) The CCTV system installed shall have the facility to transfer CCTV stored to a medium supported by the Police and/or the council.  The facility to transfer the images should be held on the premises.

Challenge 25

Conditions for the protection of children from harm.

The licensee to adopt a “Challenge 25” policy where all customers who appear to be under the age of 25 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age.

The licensee to prominently display notices advising customers of the “Challenge 25” policy.

The following proofs of age are the only ones to be accepted:

Proof of age cards bearing the “Pass” hologram symbol

UK Photo Driving licence

Passport

Staff Competence and Training

The licensee shall keep a written record of all staff authorised to sell alcohol, the record to contain the full name, home address, date of birth and national insurance number of each person so authorised. The staff record to be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police.

The licensee shall  ensure that each member of staff authorised to sell alcohol has received adequate training on the law with regard to age restricted products and that all staff authorised to sell alcohol receive training on identifying customers who may be under the age of 25 years.  All training is to be properly documented and training records kept. The training records to be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police.

The licensee shall ensure that each member of staff authorised to sell alcohol is fully aware of his/her responsibilities in relation to verifying a customer’s age and is able to effectively question purchasers and check evidence of proof of age.

The licensee shall ensure that each member of staff authorised to sell alcohol is sufficiently capable and confident to confront and challenge under-25s attempting to purchase alcohol.

The licensee shall ensure that effective controls are in place to ensure that persons (whether staff or otherwise) who are not authorised to sell alcohol cannot do so.  This would be likely to include a rota system where at least one authorised person is present at all times during licensing hours.

Refusals' Book

The licensee shall keep a register of refused sales of all age-restricted products (Refusals' Book).

The Refusals' Book to contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the sales person refusing the sale.

The Refusals Book shall be examined on a regular basis (at least weekly) by the licensee and date and time of each examination to be endorsed in the book.  Analysis of staff refusals and data such as the time/day of refusals to be carried out by the Licencee on a regular basis in order to predict trends and identify staff training and compliance issues.

The Refusals Book shall be kept on the licensed premises and made available for inspection by the Licensing Officer, Trading Standards or the Police at any time during licensed hours.

These conditions are imposed for the licensing objective for the prevention of crime and disorder.

The Chair reminded all parties of the right to appeal to the Magistrates Court.