PRESENT: Councillors Penny Jones, Natasha Ahmed-Shaikh and Nigel Sumner ALSO PRESENT: Ealing Borough Council. Regulatory Services Manager, Licensing

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1 EALING COUNCIL LICENSING SUB COMMITTEE PREMISES APPLICATION: THE BEST WINES, UXBRIDGE ROAD, HANWELL W7 3SU (ELTHORNE) Wednesday, 5 th November 2014 PRESENT: Councillors Penny Jones, Natasha Ahmed-Shaikh and Nigel Sumner ALSO PRESENT: Ealing Borough Council Paul Richards Pat Gilmore Alison Luff Cameron MacLean Applicant Surinder Panchal Mr Pritpal Singh Madhan Also Attending Carolyn Brown Licensing Officer Regulatory Services Manager, Licensing Legal Officer Democratic Services Officer Agent, Personal Licence Courses Ltd. Applicant LICENSING SUB COMMITTEE: 5 TH NOVEMBER THE BEST WINES, UXBRIDGE ROAD, HANWELL W7 3SU (ELTHORNE) The Chair introduced the Sub Committee Members and outlined the procedure that would be followed at the hearing. Preliminary Point Regarding a question about representations that had been received after the closing date for receipt of representations, Alison Luff, Legal Adviser to the Sub Committee, stated that the Sub Committee would consider only those representations that had been received within the statutory 28-day time limit. She confirmed that the Sub Committee would not consider, or give any weight to, representations that were received after the deadline had passed. The Chair then invited the parties present to introduce themselves to the Sub Committee before asking the Licensing Officer to present the report before the Sub Committee. Paul Richards, Licensing Officer, then summarised the Licensing Officer s Presentation on Behalf of the Applicant Mr Panchal stated that his client had agreed to the conditions proposed by the Police and had amended his application to accord with the Council s policy on core hours as set out in the Council s Statement of Licensing policy. He stated that his client wished to operate an exclusive off licence, which would offer a vast array of wines and spirits, including bottles of champagne costing up to 10,000. Addressing the representations that had been received, Mr Panchal stated that some of the concerns that had been expressed were about there being no need for another off licence in the area. He reminded the Sub Committee that need was not an issue that the Sub Committee could consider when deciding the application. Mr 1

2 Panchal stated that his client was aware of the concerns about street drinkers in the area and said that measures would be put in place to address these concerns. In response to several questions, Mr Panchal and Mr Madhan provided the following information: (i) (ii) (iii) (iv) (v) (vi) CCTV had been installed and was working, and that everyone working at the premises i.e. the applicant, his father, and one part-time evening worker, knew how to operate the system and download images if requested. Many good quality beers went up to 6% abv. and the applicant would like to be able to offer cans of beer going up to 6% abv. He stated that he did not think that this would attract street drinkers who tended to drink alcohol that was 8% abv. or more. Mr Madhan said he would be willing to restrict the sale of cans of alcohol to 5.7% abv. In implementing the Challenge 25 policy, anyone who looked older than 18, but less than 25, would automatically be asked for an official form of proof of age or identification before they would be sold any alcohol. Valuable bottles of alcohol would be on display in locked cabinets that required a key to open them. Stockists, who would advise on stock that needed to be replenished would visit the premises on a regular basis and take orders. (vii) All CCTV was recorded in a digital format onto a hard drive in compliance with Home Office requirements. (viii) Mr Madhan had worked for two years for Sainsbury s where his work had included shelf stacking. The rest of his experience in the retail trade had been gained working in off licence premises. (ix) (x) (xi) The street drinkers in the area were known to staff and would be refused alcohol if they asked to be served. Staff had already complained to the Police about the presence of street drinkers sitting at the bus stop outside the premises. The part-time member of staff worked in the evening and that there would be three people on the premises after 5.00pm. It had been agreed with the Police that there would always be a minimum of two members of staff on duty after 7.00pm. Personal Licence Courses Ltd. would provide training for the applicant and staff. Training would be offered every three months, and staff would be provided with a pocket manual on alcohol sales. (xii) A monitored, central station alarm with personal attack facility, as described in the operating schedule, had been installed [Alison Luff, Legal adviser, informed the Sub Committee that any items listed in the operating schedule could be made a condition of the licence]. (xiii) No stock would be stored or displayed on the shop floor. (xiv) The safe would be fitted with a time delay mechanism as per the condition usually requested by the Police for premises in Ealing. 2

3 (xv) The applicant had just bought the premises and was completing work on them before starting to trade. (xvi) Suitable signage notifying customers of the use of CCTV on the premises had been provided, as was required by law. (xvii) The front of the premises were swept twice a day, and the windows cleaned twice a week. (xviii) Notices were placed in the premise windows, and the applicant was mindful of the security aspects of allowing the inside of the premises to be seen from the outside. Summary of Presentation The Chair then invited the applicant to summarise his presentation before the Panel Members retired to consider their decision. In summarising his presentation, Mr Panchal stated that his client had cooperated with the Police and had agreed to the conditions proposed by the Police, and that his client would promote the licensing objectives. He stated that his client s preference was that he be allowed to sell cans of alcohol up to, but not more than 6% abv. but was willing to accept a condition restricting the sale of cans to 5.7% abv. The Sub Committee members then retired to consider their decision. Decision Having carefully considered the papers before it, the representations made by the parties, the Council s Statement of Licensing Policy, and the Home Office Guidance issued under section 182 of the Licensing Act 2003, the decision of the Sub Committee was to approve the application, as follows Opening hours Monday to Saturday: Sunday: Supply of alcohol off the premise Monday to Saturday: Sunday: 08:00 hrs - 23:00 hrs 10:00 hrs - 22:30 hrs 08:00 hrs - 23:00 hrs 10:00 hrs - 22:30 hrs Crime Reduction Measures 1. Colour CCTV to the Satisfaction of Police (i) This will be judged in relation to the advice available in the Home Office Scientific Development Branch (HOSDB) document CCTV Operational Requirement Manual 28/09 with special emphasis on the provision of identification quality images of people entering or leaving the premises through any doorway (but not a combination of the two). (ii) The system should also provide general views of the interior of the premises and exterior areas where relevant. (iii) The system must record and store images for 31 days and must record between 6 to 12 frames per second. 3

4 (iv) It must be able instantly to download recorded images onto a readable format (CD or DVD) at the time of request. I.e. to prevent any need to seize the hard drive thus rendering the system inoperative. (v) If the CCTV equipment is inoperative, or is otherwise not installed and working to the satisfaction of the Police and Licensing Authority, the premises shall not be used for licensable activities unless with prior agreement from the Police. Notices shall be displayed at the entrance to the premises, and in prominent positions throughout the premises, advising that CCTV is in operation. For the purpose of these CCTV conditions, the Police refers to the licensing/partnership office of Ealing Police Station and 'the Licensing Authority' refers to the Licensing Authority of the London Borough of Ealing. 2. Safe Controlled by a Time Delay Method The safe must achieve the following: (a) Restrict access for at least three minutes, to deter criminals from accessing the surplus or reserve value during any robbery. (b) Have a drop facility with anti-fish mechanism. (c) Include the safe being either bolted to a solid wall and/or solid floor or buried in a solid wall and/or solid floor. Signage must be displayed in the customer area, highlighting that access to cash and valuable items is controlled by time delay. Alternatively, where members of staff do not have access to the safe, a sign must state this fact. It is recommended that a time delay, visual countdown display is used, so that a robber/burglar can see that a time delay is in operation. 3. Cash in Tills Kept to a Minimum Tills must be regularly skimmed off, to reduce the impact should a robbery occur. 4. Till Security The till must be secured to the counter and either be positioned so that customers cannot reach over and grab money from the cash tray or be fitted with a till guard to prevent easy access. 5. Signage - Disorder Signage must be displayed in the customer area requesting patrons leave the premises quietly. 6. Staffing Levels During any hours after 19:00 hrs a minimum of 2 staff must be on premises to prevent crime. 7. Storage Alcohol must be securely stored behind lockable shutters when the premises are open but outside of licensed hours. 4

5 No alcohol, beer, wine etc. is to be stored or displayed on the floor of the shop retail area, but must be displayed or stored on suitable shelving or display racking. 8. High Volume alcohol No stock or sale of cans of high strength beers, lagers or ciders over 5.7% abv. 9. Sale of Miniatures and Single Cans There shall be no supply or sale of miniatures of spirits, or single cans of beer, lager or cider. 10. Challenge 25 A proof of age scheme must be in place and actively used by all staff. A Challenge25 (or equivalent) scheme shall be adopted so that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 21 years, for evidence of age. This evidence shall be photographic, such as a passport or photographic driving licence until other effective identification technology (for example thumbprint or pupil recognition) is adopted by the licence holder. All cashiers shall be instructed, through training, that a sale shall not be made unless evidence is produced. Prominent notices shall be displayed in the store advising customers that they may be asked to provide evidence of age. 11. Proof of Purchase All alcohol to be purchased from an accredited supplier and all receipts to be kept on the premises and to be readily available at all times for inspection by the authorities. 12. Operating Hours to be displayed on Premises A notice displaying the opening hours, and the hours and type of licensing activity which may take place, should be clearly displayed and visible to anyone outside the premises. This may be incorporated in the summary of the licence, which must be displayed, or take the form of a separate item. Likewise, the name of the Designated Premises Supervisor (D.P.S.) should be similarly displayed. This will allow the Police and other relevant authorities readily to identify those persons responsible for the sale of alcohol. Clearly displayed opening hours will also reduce any confusion for customers prior to entering the premises and possible conflict when the premises close/stop selling alcohol. 13. Display of Premises licence A summary of the premises licence will be displayed at each public entrance to the premises. REASONS FOR THE DECISION The Sub Committee s was satisfied that the application, as amended at the hearing and agreed by the applicants, met the requirements of the Council s Statement of Licensing Policy and, in particular, was within Council s core hours as set out in the 5

6 policy. The conditions proposed by the Police, with slight amendment, were appropriate to ensure that the licensing objectives were met. INFORMATIVE (i) The Sub Committee decided to grant the application on the basis that the conditions proposed by the Police had been agreed by the applicant, and that the applicant had also agreed to restrict the alcohol content of cans of beer, lager and cider to no more than 5.7% abv. (ii) The Sub Committee was aware of the strength of local concerns about the history of these premises and street drinkers and, therefore, expected the licensee to trade in a way that actively promoted the licensing objectives. (iii) It was the Sub Committee s recommendation that the licensee consider changing the shop frontage and appearance of the premises to signal to concerned local residents that the premises were now under new management with a new trading regime. The hearing ended at 11.25am COUNCILLOR PENNY JONES, CHAIR 6