Decision details

APPLICATION TO VARY A PREMISES LICENCE

Decision Maker: Licensing Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

 

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Int Superstore 2 Ltd

91-93 Park Lane

Hornchurch

RM11 1BH

 

 

DETAILS OF THE APPLICATION

 

The application is for a variation to a premises licence:

 

Previous premises licence hours:

 

Alcohol off-supplies & hours premises

open to the public

Day

Start

Finish

Monday to Saturday

10:00

22:00

Sunday

11:00

22:00

Good Friday

08:00

22:30

Christmas Day 1

12:00

15:00

Christmas Day 2

19:00

22:30

 

Variation applied for.

 

 Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

09:00

22:00

Good Friday, Christmas Day

08:00

22:30

 

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

07:00

22:00

Good Friday, Christmas Day

08:00

22:30

 

The application was also to amend the layout of the premises in accordance with the premises plans supplied.

 

SUMMARY

 

There were four representations against this application from residents in the vicinity.

 

There was one representation against this application from a ward councillor.

 

There were no representations against this application from responsible authorities.

DECISION: Application Granted in Part with modified conditions on licence.

 

The Sub-Committee have considered an application for a variation to the licence for Int Superstore Ltd situated at 91-93 Park Lane Hornchurch RM11 1BH. Representations were made by Mrs Gemma Brooks and Mrs Janet Haworth, and Councillor Judith Holt both on the grounds of all four of the licencing objectives, each of whom made oral representations to supplement their written objections. Written representations were also received from Ms Linda Marshall on the grounds of all four of the licensing objectives, Mr Graham Stone on the ground of the prevention of public nuisance.

 

The Sub-Committee must promote the licensing objectives and must have regard to the Secretary of State’s National Guidance created under S182 of the Licensing Act and the Council’s own Statement of Licensing Policy. 

 

The Licensing Sub-Committee decided to grant the application in part with modified conditions to be placed on the licence.

 

The Sub-Committee granted the following modification to the premises licence on the condition that the Designated Premises Supervisor (DPS) had received appropriate training in relation to his own social and legal obligations, and their responsibilities regarding the sale of alcohol, with particular emphasis on the meaning of the Challenge 25 scheme. For the avoidance of doubt, the variation will only be effective once the applicant has provided evidence to the Licensing Team that such training has been completed.

 

The granted hours variations are as follows:-

 

Alcohol off-supplies

Day

Start

Finish

Monday to Sunday

09:00

22:00

Good Friday

08:00

22:30

Christmas Day

10:00

22:30

 

Hours premises open to the public

Day

Start

Finish

Monday to Sunday

07:00

22:00

Good Friday

08:00

22:30

Christmas Day

10:00

22:30

 

The application to amend the layout of the premises in accordance with the premises plans supplied is granted.

REASONS

 

The Sub-Committee decided that the proposed variation would meet the licensing objectives provided that key steps were taken to ensure that the DPS and any staff were sufficiently trained.

 

The Sub-Committee was sympathetic with the concerns raised by the residents and Councillor Holt. However, the representations related to the sale of alcohol until 22:00; the current premises licence already permits the applicant to sell alcohol until 22:00. Therefore, the Sub-Committee did not have jurisdiction to amend the existing licence beyond the scope of this application.

 

The Licensing Committee noted that there was no evidence put forward to it in relation to the extending of times in the morning Monday to Saturday.

 

Equally, the Sub-Committee did not feel that the fact that the fact that Christmas Day is a Christian holiday was a good justification for not granting the application. The Sub-Committee did consider that times of 10:00 was a more appropriate time on Christmas Day to prevent noise and disturbance detriment to residents.

 

The Sub-Committee was concerned by the admitted lack of understanding about the Challenge 25 scheme shown by the DPS and his daughter. This is one of the conditions offered by the applicant in the operating schedule of its application, in order to promote the licensing objectives of the prevention of children from harm. The Sub-Committee consider it necessary that the applicant is fully able to comply with its condition. Therefore, it is necessary that the DPS undertakes the necessary training as set out above.

 

In order to bolster the applicant’s ability to further the licensing objectives of the prevention of crime and disorder and the prevention of public nuisance, the Sub-Committee requires it to ensure that there is full coverage of blind spots in the shop; and that there will be CCTV cameras at the front and back of the shop.

 

CONDITIONS

 

In addition to those conditions offered by the applicant in his application the Sub-Committee places the following further conditions on the Licence:-

  1. Prior to the variation taking effect the DPS will receive appropriate training in relation to his own social and legal obligations, and their responsibilities regarding the sale of alcohol, with particular emphasis on the meaning of the Challenge 25 scheme.

 

  1. The premises’ CCTV cameras will cover all parts of the interior of the shop and front and back exterior of the premises.

 

RIGHT OF APPEAL

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.

 

Publication date: 14/10/2021

Date of decision: 23/08/2021

Decided at meeting: 23/08/2021 - Licensing Sub-Committee

Accompanying Documents: