Agenda item

Application for a new premises licence made by Aldi Stores Limited, 45 Market Place, Romford RM1 3AB, under section 17 of the Licensing Act 2003. 

 

Licensing Act 2003

Notice of Decision

 

PREMISES

Aldi Stores

45 Market Place,

Romford,

RM1 3AB

 

DETAILS OF APPLICATION

 

This application for a new premises licence is made under section 17 of the   Licensing Act 2003 (“the Act”).

 

APPLICANT

Aldi Stores Ltd

Holly Lane

Atherstone

Warwickshire

CV9 2SQ

 

1. Details of requested licensable activities

 

This application is for a new premises licence.  However, Aldi previously held a

premises licence for the venue until 2010; when it was surrendered. 

 

Supply of alcohol          Opening hours
Day	Start	Finish
Monday to Sunday	07:00hrs	20:00hrs

 

 

2. Non Standard Timings

 

Seasonal variations

 

None.

 

Non-standard timings

 

None.

 

 

 

3.    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 13 December 2013 edition of the Romford Recorder.

 

 

4.            Details of Representations

 

Valid representations may only address the four licensing objectives.

 

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

 

There was one representation against this application from an interested party.

Councillor Frederick Thompson made representation against this application under the prevention of public nuisance and protection of children from harm licensing objectives and at the hearing reiterated his view. He informed the Sub Committee  that he was not totally against the application but had concern that the premises was in close proximity to areas that would  provide an opportunity for  what is referred to as pre-loading by drinking high strength drinks prior to visiting a pub or club.  He added having worked within the NHS he had first-hand experience of seeing drunken people being brought into Accident & Emergency unit. Councillor Thompson was also of the opinion that strength of beer ought to be capped at 5% alcohol volume, and that half and quarter size bottles of spirits should not be sold.

 

 

Responsible Authorities

 

Chief Officer of Metropolitan Police (“the Police”):  None

Planning Control & Enforcement: None

Licensing Authority: None

 

Public Protection: None

 

London Fire & Emergency Planning Authority (“LFEPA”): None

 

Health & Safety Enforcing Authority: None.

 

Public Health: None

 

Children & Families Service: None

 

The Magistrates Court: None

 

 

Applicant’s response.

 

The representative for the   applicant, Ms Gilligan, informed the Sub-Committee that Aldi know the area very well being that they previously occupied the same location and handed back their licence when they moved out. It was added that following discussion with the Police, it was agreed to include two further conditions.

The Sub-Committee was informed that there was no evidence to suggest Aldi facilitated preloading, and that the responsible authorities had no previous concerns with Aldi. Furthermore, much of the alcohol sold by Aldi was its own label, so it would be easy to identify if it became a problem.

The Sub-Committee was also informed of Aldi’s proud record of no licensing convictions right across the country.

 

Ms Gilligan submitted that the objections raised were not evidence based, that the suggested conditions, and those agreed with the Police, addressed all issues that were necessary, and anything further would not be reasonable or proportionate.

 

In response to questioning by the Sub-Committee, Ms Gilligan responded that the Aldi did not sell miniature sized alcohol. 

5.                       Determination of Application

 

Decision

 

Consequent upon the hearing held on 28 January 2014, the Sub-Committee’s decision regarding the application for a Premises Licence for Aldi Stores, Romford.

 

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.

 

Agreed Facts

Facts/Issues

 

Whether the granting of the premises licence would undermine the licensing objectives.

 

·           Prevention of Public Nuisance

The Sub-Committee noted the comments of the interested party about his concerns on preloading prior to attending the clubs or pub. The sub committee also accepted the point of view of the representative for Aldi that the premise was a responsible seller. That Iceland next door and Asda within a short distance also had alcohol licence. 

The Sub-Committee accepted that the premises was located in an Alcohol Controlled Zone where preloading would be unacceptable.

 

·           Protection of children from harm

The Sub-Committee also noted the comment in respect of children pressurising adults into proxy purchases of alcohol. The Sub-Committee accepted the view of the Representative for Aldi, that other premises already operated within the vicinity and that the majority of their alcoholic drinks were exclusively labelled by Aldi. The Police and other responsible authorities had no previous concern with the establishment when it was at this same location.

 

aving considered the written representations and oral responses, the Sub-Committee were satisfied that preloading does not come into consideration in this application. The premises would cease selling alcohol at 8:00pm, and was located in an alcohol restriction zone. The Sub-Committee were satisfied that Aldi is a responsible seller. The fact that there was no representation from responsible authorities indicated that the application was satisfactory, and no risk to the licensing objectives had been demonstrated should the application be granted. The Sub-Committee therefore granted the application as applied for, with the proposed conditions as per the operating schedule and the inclusion of the following additional conditions that were agreed with the Police and accepted by the applicant:

 

• That door supervision will be provided at the premises for the initial six months after the stores opens. Thereafter; the need for the provision of security will be reviewed and agreed.
• A change to the terminal hour for sale of alcohol and opening hours every day of the week from 23:00 to 20:00 hours.

 

The Sub-Committee stated that in arriving at this decision, it took into consideration the licensing objectives as contained in the Licensing Act 2003, the Licensing Guidelines as well as Havering Council’s Licensing Policy.

 

 

7.         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.

 

 

 

 

 

 

 

Licensing Act 2003

Notice of Decision

 

PREMISES

Aldi Stores

45 Market Place,

Romford,

RM1 3AB

 

DETAILS OF APPLICATION

 

This application for a new premises licence is made under section 17 of the   Licensing Act 2003 (“the Act”).

 

APPLICANT

Aldi Stores Ltd

Holly Lane

Atherstone

Warwickshire

CV9 2SQ

 

1. Details of requested licensable activities

 

This application is for a new premises licence.  However, Aldi previously held a premises licence for the venue until 2010; when it was surrendered. 

 

Supply of alcohol          Opening hours
Day	Start	Finish
Monday to Sunday	07:00hrs	20:00hrs

 

 

2. Non Standard Timings

 

Seasonal variations

 

None.

 

Non-standard timings

 

None.

 

 

3.    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 13 December 2013 edition of the Romford Recorder.

 

 

4.            Details of Representations

 

Valid representations may only address the four licensing objectives.

 

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

 

There was one representation against this application from an interested party.

Councillor Frederick Thompson made representation against this application under the prevention of public nuisance and protection of children from harm licensing objectives and at the hearing reiterated his view. He informed the Sub Committee  that he was not totally against the application but had concern that the premises was in close proximity to areas that would  provide an opportunity for  what is referred to as pre-loading by drinking high strength drinks prior to visiting a pub or club.  He added having worked within the NHS he had first-hand experience of seeing drunken people being brought into Accident & Emergency unit. Councillor Thompson was also of the opinion that strength of beer ought to be capped at 5% alcohol volume, and that half and quarter size bottles of spirits should not be sold.

 

 

Responsible Authorities

 

Chief Officer of Metropolitan Police (“the Police”):  None

Planning Control & Enforcement: None

 

Licensing Authority: None

 

Public Protection: None

 

London Fire & Emergency Planning Authority (“LFEPA”): None

 

Health & Safety Enforcing Authority: None.

 

Public Health: None

 

Children & Families Service: None

 

The Magistrates Court: None

 

 

 

 

 

Applicant’s response.

 

The representative for the   applicant, Ms Gilligan, informed the Sub-Committee that Aldi know the area very well being that they previously occupied the same location and handed back their licence when they moved out. It was added that following discussion with the Police, it was agreed to include two further conditions.

The Sub-Committee was informed that there was no evidence to suggest Aldi facilitated preloading, and that the responsible authorities had no previous concerns with Aldi. Furthermore, much of the alcohol sold by Aldi was its own label, so it would be easy to identify if it became a problem.

The Sub-Committee was also informed of Aldi’s proud record of no licensing convictions right across the country.

 

Ms Gilligan submitted that the objections raised were not evidence based, that the suggested conditions, and those agreed with the Police, addressed all issues that were necessary, and anything further would not be reasonable or proportionate.

 

In response to questioning by the Sub-Committee, Ms Gilligan responded that the Aldi did not sell miniature sized alcohol. 

5.                       Determination of Application

 

Decision

 

Consequent upon the hearing held on 28 January 2014, the Sub-Committee’s decision regarding the application for a Premises Licence for Aldi Stores, Romford.

 

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.

 

Agreed Facts

Facts/Issues

 

Whether the granting of the premises licence would undermine the licensing objectives.

 

·           Prevention of Public Nuisance

The Sub-Committee noted the comments of the interested party about his concerns on preloading prior to attending the clubs or pub. The sub committee also accepted the point of view of the representative for Aldi that the premise was a responsible seller. That Iceland next door and Asda within a short distance also had alcohol licence. 

The Sub-Committee accepted that the premises was located in an Alcohol Controlled Zone where preloading would be unacceptable.

 

·           Protection of children from harm

The Sub-Committee also noted the comment in respect of children pressurising adults into proxy purchases of alcohol. The Sub-Committee accepted the view of the Representative for Aldi, that other premises already operated within the vicinity and that the majority of their alcoholic drinks were exclusively labelled by Aldi. The Police and other responsible authorities had no previous concern with the establishment when it was at this same location.

 

Having considered the written representations and oral responses, the Sub-Committee were satisfied that preloading does not come into consideration in this application. The premises would cease selling alcohol at 8:00pm, and was located in an alcohol restriction zone. The Sub-Committee were satisfied that Aldi is a responsible seller. The fact that there was no representation from responsible authorities indicated that the application was satisfactory, and no risk to the licensing objectives had been demonstrated should the application be granted. The Sub-Committee therefore granted the application as applied for, with the proposed conditions as per the operating schedule and the inclusion of the following additional conditions that were agreed with the Police and accepted by the applicant:

 

• That door supervision will be provided at the premises for the initial six months after the stores opens. Thereafter; the need for the provision of security will be reviewed and agreed.
• A change to the terminal hour for sale of alcohol and opening hours every day of the week from 23:00 to 20:00 hours.

 

The Sub-Committee stated that in arriving at this decision, it took into consideration the licensing objectives as contained in the Licensing Act 2003, the Licensing Guidelines as well as Havering Council’s Licensing Policy.