Agenda and minutes

Application for a Premises Licence under s.17 of the Licensing Act 2003 for the Rainham Post Office, 77 – 79 Wennington Road, Rainham RM13 9TH

PREMISES

Rainham Post Office

77-79 Wennington Road

Rainham

RM13 9TH

DETAILS OF APPLICATION

Application for a premises licence under section 17 of the Licensing Act 2003 (“the Act”).

APPLICANT

Mr Tarsame Singh

51 Cowdray Way

Rainham

RM12 4AX

1.         Details of the application

Seasonal variations & Non-standard timings

There were no seasonal variations or non-standard timings on this application.

Promotion of the Licensing Objectives

The applicant acted in accordance with premises licence regulations 25 and 26 relating to the advertising of the application.  The required newspaper advertisement was installed in the Yellow Advertiser on Wednesday 27 June 2012. 

Valid representations may only address the four licensing objectives

• The prevention of crime and disorder;
• The prevention of public nuisance;
• The protection of children from harm; and
• Public Safety.

There were seven valid representations against this application from interested parties. 

There were no representations against this application from any of the responsible authorities.

Responsible Authorities

The Metropolitan Police

Public Health

The London Fire and Emergency Planning Authority

The Health & Safety Enforcing Authority

The Trading Standards Service

Planning Control & Enforcement

Children & Families Service

Mr M Appleby referred to his e-mail to the Council in which he raised a number of points of concern:

§         Permitting alcohol to be sold in the premises would have negative effects on the area such as the possible rise in anti-social behaviour and public nuisance caused by undesirable elements being attracted to the shop late night noise and disturbance, parking problems – in an already overburdened stretch of road – escalating and the rise in fear and apprehension in the minds of the elderly residents and concern for those with young families.

§         This was a predominantly residential area and there were already sufficient outlets selling alcohol within a reasonable distance.

§         He referred to the photographs he had included in his additional information which showed the situation regarding parking in the locality.

§         He claimed that Havering had the worst drink-related record of public disorder across Greater London and considered that the granting of another licence was contrary to the objectives for alcohol-related crime reduction stated by the Council.

§         With regard to the applicant’s efforts to prevent underage sales, and informing that he would use his “best endeavours to move on any groups of youths that congregate outside the premises”, Mr Appleby raised the issue of proxy sales – where young people pester adults to purchase for them, and that moving the youths from outside the premises would mean they ended up outside residents’ houses.

§         He also stated that he had checked with the Yellow Advertiser and had been informed that not all Wennington Road was within its distribution area, so he questioned the legitimacy of the advert.

§         Mr Appleby also queried the completion of the application itself claiming that certain aspects were either incorrect or incomplete. (The Council’s Legal Officer explained that this was an administrative issue, not a legal one, and had been responded to by a Licensing Officer, and was something which did not invalidate the application).

§         He stated that Rainham was an area within Havering where anti-social activity was worse than elsewhere in the borough and he reiterated his concerns that granting a licence would send the wrong message to residents.

§         He concluded by reference to case law provided by the Applicant’s representative and claimed that this was not relevant as the example used was an on-licensed premises already selling alcohol, seeking a variation to their hours.  In this instance the sale of alcohol was a completely new venture.  It was a Post Office, not a  ...  view the full minutes text for item 2.

Following the hearing held on 17 August 2012, the Sub-Committee’s decision regarding the application for a Premises Licence for the Rainham Post Office, 77-79 Wennington Rod, Rainham RM13 9TH is as set out below, for the reasons shown:

The Sub-Committee was obliged to determine this application with a view to promoting the licensing objectives, which were:

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

In making its decision, the Sub-Committee also had regard to the Guidance issued under Section 182 of the Licensing Act 2003 and Havering’s Licensing Policy.

In addition, the Sub-Committee took account of its obligations under s17 of the Crime and Disorder Act 1998 and Articles 1 and 8 of the First Protocol of the Human Rights Act 1998.

The Sub-Committee decided to grant the application as amended below for the following reasons:

The Sub Committee was mindful that this was predominantly a residential area and it had taken regard to the genuine and well presented concerns of the objectors in attendance.  The application – as amended – was a relatively modest one and it appeared that the Applicant was a responsible operator who was anxious to supply an ancillary service to his existing business.

However, given the valid concerns regarding public nuisance and potential anti-social behaviour, the Sub-Committee proposed to slightly limit the applied for hours for the benefit of residents in close proximity to eliminate any possibility of early morning disturbance.  It was also conscious that residents had a right to peace and quiet and given the proximity to the premises of residential properties and given the admission by Mr Singh that he wished to work with his neighbours, the Sub-Committee was minded to curtail the hours on Sunday (as set out below) during which alcohol could be sold to assist residents and demonstrate to them Mr Singh’s good-will. 

Having accepted the Applicant’s offer to limit the sale of alcohol in the evening to 8.00pm, the Sub-Committee further amended the hours the Applicant could sell alcohol to:

In addition, the Sub-Committee imposed the following restrictions on the sale of alcohol which had been proposed by the police and accepted by the Applicant:

No more than 20% of the sales area could be devoted to the sale or display or alcohol.

All spirits to be stored and displayed for sale behind the shop counter.

Concerning CCTV:

CD16     A properly specified and fully operational CCTV system shall be installed or the existing system maintained to a satisfactory standard. The system shall incorporate a camera covering each of the entrances and be capable of providing an image which is regarded as ‘identification standard’ of all persons entering and/or leaving the premises.  All other areas of risk identified in the operational requirement shall have coverage appropriate to the risk including an external view of the entrance. 

CD17     The installation or upgrading of any CCTV system shall comply with current best practice.

CD18     To obtain a clear head and shoulders image of every person entering the premises on the CCTV system, persons entering the premises should be asked to remove headwear unless worn as part of religious observance.

CD19     The CCTV system shall incorporate a recording facility and all recordings shall be securely stored for a minimum of one calendar month.  A system shall be in place to maintain the quality of the recorded image and a complete audit trail maintained.  The system shall comply with other essential legislation and all signs as required shall be clearly displayed.  The system shall be maintained and fully operational throughout the hours that the premises is open for any licensable activity.

The CCTV system to be installed  ...  view the full minutes text for item 4.