Application for a vary premises licence at Albe Limited, 111 Upminster Road South Rainham, RM13 9AA made by Albe Limited under section 34 of the Licensing Act 2003 – Report attached

Licensing Act 2003

Notice of Decision

PREMISES

Albe Limited

111 Upminster Road South

Rainham

RM13 9AA

DETAILS OF APPLICATION

Application to vary a premises licence under section 34 of the Licensing Act 2003 (“the Act”).

APPLICANT

Albe Limited

1.         Details of the application

The application to vary the premises licence does not affect the hours of licensable

activity. The application is:

The premises currently has a premises licence to the below times

Variation applied for:

At the beginning of the hearing the applicant submitted the following revised application:

The following suggested conditions were offered:

1. A suitable notice to be displayed prominently by the front door asking customers to respect residents and leave quietly, to dispose of litter responsibly, not to drink in the street or to loiter outside the shop.
2. A notice also to be displayed asking customers who have driven to the shop not to bang car doors or rev their car engines etc.
3. To engage with and work with the Police Safer Neighbourhood Team
4. To provide a phone number to the resident so that she can contact the shop in

relation to any complaints concerning people loitering outside etc.

5. Staff to monitor the shop frontage by means of the CCTV display etc to check for

people loitering outside and to politely ask them to leave the vicinity of the shop. If

people are abusive or refuse, staff shall call the Police to ask for assistance where necessary.

6. A minimum of 2 staff to be on duty after 19.00 hours on Friday and Saturday

2.         Promotion of the Licensing Objectives

The applicant completed the operating schedule, which formed part of the application to promote the four 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 22 May 2013.

3.         Details of Representations

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
• Public Safety.

There was one valid representation against this application from interested parties.

This representation falls under the heading of the Prevention of Public Nuisance.

Responsible Authorities

Metropolitan Police: None

Licensing Authority: None

Public Health: None

The London Fire and Emergency Planning Authority: None

The Health & Safety Enforcing Authority: None

The Trading Standards Service: None

Planning Control & Enforcement: None

Children & Families Service: None

Practice Improvement Lead: None

Interested parties’ representations

This representation was based upon the prevention of Public Nuisance objective.

Ms G Price attended the hearing and informed the sub committee of her strong objections to the applied hours.  She resides about 50 feet from the premises, since the premises opened in December 2012 there has been a steady increase in cars parking up and staying with car doors opening and closing. The subcommittee was also informed that the number of people gathering under the large orange canopy at the front of the premises till it closes was of concern. Ms Price was of the view that this will only increase in the summer months making sleeping impossible with windows open which is her right.

She stated that 02:00 hours is very excessive, and while she had sympathy for anyone trying to run a small business in the shadow of a 24/7 Tesco, she felt most strongly that she has a right as an individual to sleep in her own property without let hinder, noise or nuisance as do her neighbours.

 Ms Price informed the sub committee that the applicant through his agent had been in consultation with her to negotiate the hours but a compromise was not reached, therefore Ms Price requested this application to be declined on the grounds of prevention of public nuisance.

4.           Applicant’s response.

Reply for the Premises Licensee

Mr G Hopkins, agent for applicant addressed the Sub Committee. He stated that:

• Mr Ali Bektasogw was making final arrangement to become the Designated Premises Supervisor shortly.
• This premises is being run as a convenience store and the applicant was only trying to enhance his business.
• Mr Ali Bektasogw was also a local resident in Rainham. He was aware of the problems in the area and was taking appropriate step to resolve matters.
• The premises has a good CCTV system, that covered the inside and outside of the premise.
• The premises have trained staff to operate the CCTV system.
• At the premises, Challenge 25 is in operation.
• The premises was a good family run business aimed at local residents.
• The applicant wants to be a good neighbour and as a result has provided Mrs Price with his shop and personal contact number to enable her raise any issues of concern with him.
• Mr Ali Bektasogw is aware of the car parking issues and proposes to put up a signage advising clients to respect his neighbours.
• The applicant was also aware of the people hanging about the premises, he and his staff are taking measures to disperse the people loitering around the premises but that his business has not caused this problem.
• The subcommittee was informed that this premises is a well run business with good compliance history with the interest of Rainham. After reflection, his client revised the hours he has requested.
• Mr Hopkins informed the subcommittee of a Magistrates Court ruling concerning Leeds City Council where an application had been refused on a policy basis. The court overturned it as too rigid an application of policy. Policy should be utilised as appropriate, and not strictly enforced in all cases.

5.         Determination of Application

Decision

Following the hearing held on 1 July 2013, the Sub-Committee’s decision regarding the application to vary a Premises Licence for Albe Limited 111 Upminster Road South Rainham RM13 9AA was 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 are:

·                     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 stated that they are very moved by the strong representation from Ms Price but are aware that hers is the only objection raised as against the application and there being no representation from the Police or any responsible authorities.

This being a residential area, and issues which affect such areas are well known and have been outlined, the sub committee must give some consideration to local residents.

The subcommittee appreciate that the applicant is a responsible person and that the conditions offered by the applicant are most reasonable.

After serious deliberation the subcommittee will grant a variation to the premise licence as follows:

6.         Right of Appeal

Any party to the decision or anyone who has made a relevant representation [including a responsible authority or interested party] in relation to the application 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.

PREMISES

Albe Limited

111 Upminster Road South

Rainham

RM13 9AA

DETAILS OF APPLICATION

Application to vary a premises licence under section 34 of the Licensing Act 2003 (“the Act”).

APPLICANT

Albe Limited

1.         Details of the application

The application to vary the premises licence does not affect the hours of licensable

activity. The application is:

The premises currently has a premises licence to the below times

Variation applied for:

At the beginning of the hearing the applicant submitted the following revised application:

The following suggested conditions were offered:

1. A suitable notice to be displayed prominently by the front door asking customers to respect residents and leave quietly, to dispose of litter responsibly, not to drink in the street or to loiter outside the shop.
2. A notice also to be displayed asking customers who have driven to the shop not to bang car doors or rev their car engines etc.
3. To engage with and work with the Police Safer Neighbourhood Team
4. To provide a phone number to the resident so that she can contact the shop in relation to any complaints concerning people loitering outside etc.
5. Staff to monitor the shop frontage by means of the CCTV display etc. to check for people loitering outside and to politely ask them to leave the vicinity of the shop. If people are abusive or refuse, staff shall call the Police to ask for assistance where necessary.
6. A minimum of 2 staff to be on duty after 19.00 hours on Friday and Saturday

2.         Promotion of the Licensing Objectives

The applicant completed the operating schedule, which formed part of the application to promote the four 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 22 May 2013.

3.         Details of Representations

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
• Public Safety.

There was one valid representation against this application from interested parties.

This representation falls under the heading of the Prevention of Public Nuisance.

Responsible Authorities

Metropolitan Police: None

Licensing Authority: None

Public Health: None

The London Fire and Emergency Planning Authority: None

The Health & Safety Enforcing Authority: None

The Trading Standards Service: None

Planning Control & Enforcement: None

Children & Families Service: None

Practice Improvement Lead: None

Interested parties’ representations

This representation was based upon the prevention of Public Nuisance objective.

Ms G Price attended the hearing and informed the subcommittee of her strong objections to the applied hours.  She resides about 50 feet from the premises, since the premises opened in December 2012 there had been a steady increase in cars parking up and staying with car doors opening and closing. The subcommittee was also informed that the number of people gathering under the large orange canopy at the front of the premises till it closes was of concern. Ms Price was of the view that this would only increase in the summer months making sleeping impossible with windows open which was her right.

She stated that 02:00 hours was very excessive, and while she had sympathy for anyone trying to run a small business in the shadow of a 24/7 Tesco, she felt most strongly that she had a right as an individual to sleep in her own property without let hinder, noise or nuisance as do her neighbours.

 Ms Price informed the subcommittee that the applicant through his agent had been in consultation with her to negotiate the hours but a compromise was not reached, therefore Ms Price requested this application to be declined on the grounds of prevention of public nuisance.

4.           Applicant’s response.

Reply for the Premises Licensee

Mr G Hopkins, agent for applicant addressed the Sub Committee. He stated that:

• Mr Ali Bektasogw was making final arrangement to become the Designated Premises Supervisor shortly.
• This premise was being run as a convenience store and the applicant was only trying to enhance his business.
• Mr Ali Bektasogw was also a local resident in Rainham. He was aware of the problems in the area and was taking appropriate step to resolve matters.
• The premises has a good CCTV system, that covered the inside and outside of the premise.
• The premises had trained staff to operate the CCTV system.
• At the premises, Challenge 25 was in operation.
• The premise was a good family run business aimed at local residents.
• The applicant wants to be a good neighbour and as a result had provided Mrs Price with his shop and personal contact number to enable her raise any issues of concern with him.
• Mr Ali Bektasogw was aware of the car parking issues and proposed to put up a signage advising clients to respect his neighbours.
• The applicant was also aware of the people hanging about the premises, he and his staff were taking measures to disperse the people loitering around the premises but that his business had not caused this problem.
• The subcommittee was informed that this premise was a well-run business with good compliance history with the interest of Rainham. After reflection, his client revised the hours he had requested.
• Mr Hopkins informed the subcommittee of a Magistrates Court ruling concerning Leeds City Council where an application had been refused on a policy basis. The court overturned it as too rigid an application of policy. Policy should be utilised as appropriate, and not strictly enforced in all cases.

5.         Determination of Application

Decision

Following the hearing held on 1 July 2013, the Sub-Committee’s decision regarding the application to vary a Premises Licence for Albe Limited 111 Upminster Road South Rainham RM13 9AA was 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 are:

·                     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 stated that they are very moved by the strong representation from Ms Price but are aware that hers is the only objection raised as against the application and there being no representation from the Police or any responsible authorities.

This being a residential area, and issues which affect such areas are well known and have been outlined, the subcommittee must give some consideration to local residents.

The subcommittee appreciate that the applicant is a responsible person and that the conditions offered by the applicant are most reasonable.

After serious deliberation the subcommittee will grant a variation to the premise licence as follows: