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

The following were present at the hearing:

Mr Erdal Akca	Applicant
Colin Hunt	Licensing Officer, LBN
DC Paul Fawcett	Metropolitan Police
Muhammad Islam	Environmental Health Officer, LBN
Luke Cadman	Planning Services, LBN
George McDougal	Trading Standard Officer, LBN
Janet Fasan	Principal Lawyer (Housing and Enforcement (Legal advisor to the Sub-Committee), LBN
Shirley Fortune	Principal Committees and Partnerships Officer, LBN (Clerk)

 

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

 

EFS Food and Wine, 39 Vicarage Lane, Stratford, E15 4HS, and any valid representations that had been made.

 

Mr Colin Hunt presented the report and advised the Sub-Committee that application to vary premises licence had been received by the Licensing Authority on 16 April 2012 for the sale of alcohol (off the premises),  24 hours a day, everyday.

 

There were no questions to Mr Hunt.

 

Muhammad Islam outlined the representations from the Environmental health Services in respect of the application, as summarised on page 62 on the agenda

 

Luke Cadman outlined the representations from the Planning Services in respect of the application, as summarised on page 63 on the agenda

 

George McDougal outlined the representations from Trading Standards in respect of the application, as summarised on page 59 on the agenda

 

DC Paul Fawcett outlined the representations from the Metropolitan Police in respect of the application, as summarised on page 57 on the agenda

 

In response to a question from Councillor Desai, Mr McDougal confirmed details of the seizure by HMRC of duty evaded sprits.

 

In response to a question from Councillor Baikie, DC Fawcett confirmed Focus 15 was within 200/300 metres walking distance to the premises.

 

The Applicant, Mr Erdal Akca stated the application would have no effect on the two schools and housing projects mentioned in the report, as the schools do not open until 09:00 and the housing was some distance away. .

 

Mr Akca added that after 21:00, the premises would be serving customers via a hatch. Mr Akca stated that there were 6 cameras inside the shop, with a further 5 outside.

 

Mr Akca spoke about the loss of trade, as customers were using the local supermarkets, which was the main reason for the application.

 

Councillor Baikie asked for clarification on the ‘hatch’ and asked Mr Akca if he was aware of other premises in the borough operating this method.  Mr Akca replied that there was a premises in Portway, which was opened till 03:00 that used a hatch.

 

In response to a question from the Chair, Mr Akca confirmed that he sold duty evaded alcohol in 2012.  Mr Akca also said that he had sold super strength beer, large and ciders to anyone who wished them, including street drinkers.  Mr Akca added that if a customer was drunk, he would not serve them.

 

In response to a question from Councillor Desai, Mr McDougal confirmed that an informal warning was issued following the seizure by HMRC of duty evaded sprits.

 

Mr McDougal also added that there was no mention of a Refusal Book or Staff Training in the application. Mr Akca responded that he would question customers if he felt there were under 18 and request identification.

 

The Chair asked Mr Akca what Challenge policy he operated.  Mr Akca responded Challenge 21.  Mr Akca added that he had recently refused 2 females attempting to purchase alcohol and had recorded the incident in a notebook, which he had bought to the meeting.

 

In summary Mr Akca said that he was willing amend the closing time to 02:00.

 

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 11.53.  The Clerk and legal representative remained.

 

All parties returned at 12.20 for the decision of the Sub-Committee.

 

Decision

 

This is an application to vary a premise license for EFS Food and Wine, 39 Vicarage Lane, Street Stratford, E15.

 

The premises are located within a Cumulative Impact Zone (CIZ) and representations had been received against the application. Where representations are received against an application there is a presumption under the CIZ policy to refuse the application unless the applicant can demonstrate that they will not add to existing problems.  The following the Licensing objectives are engaged

 

• the prevention of crime and disorder.
• The prevention of public nuisance
• the protection of children from harm

 

As this is a variation of a premises license within the CIZ there is a presumption under the Policy that the application will be refused.

 

Representations were received from the Metropolitan Police on the licensing objective of Crime and Disorder, Trading Standards on the licensing objective of the Protection of Children from Harm, Planning and Noise and Nuisance on the licensing objective of the Prevention Public Nuisance.

 

The Metropolitan Police stated that the area in which the premises are located had issues with street drinking and anti-social behaviour and feared grant of the variation was likely to exacerbate the problems unless robust conditions were attached to the license.

 

The Noise and Nuisance Team echoed these concerns.  They indicated that there had been 23 recorded anti-social behaviour complaints, in close proximity to the premises over the last 12 months.  There were concerns that the applicant was intending to sell single cans of beer, lager and cider in excess of 5.5%, which they considered would exacerbate existing problems within the area.

 

The Trading Standards Officer stated that in February 2011 there had been a seizure by HMRC of duty evaded alcohol.

 

Submissions were also made by the applicant, who stated that after 23:00 he would serve alcohol though a hatch and that he only required a license to 02:00.

 

He admitted to selling super strength lager and cider.  He stated that he had 6 cameras inside and 5 outside the premises and that there were other premises nearby that had late licenses.  He also admitted to selling alcohol to street drinkers.

 

Having considered the representations of all the responsible authorities and the submissions of the applicant, the Sub-Committee was unable to allow anything other than a modest extension of the hours on one day only, with conditions.

 

The application is therefore granted with the following conditions.

 

Hours for the Supply of Alcohol

 

08:00 to 23:00 Monday to Saturday

10:00 to 23:00 on Sundays

 

Beers, lagers and ciders sold at the premises should not exceed 6% alcohol volume.  Sprits should not be sold in bottles of less than 70cl.

 

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

 

A can and bottle marking scheme shall be implemented.

 

Challenge 25

 

Conditions for the protection of children from harm.

 

“Challenge 25”

 

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 to 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 to 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 to 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 to 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 to 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 objectives

 

• the prevention of crime and disorder.
• The prevention of public nuisance
• the protection of children from harm

 

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