Agenda item

Payless Food and Wine, 128 Stockwell Road, London, SW9 9HR (Larkhall)

Minutes:

The Licensing Officer informed the Sub-Committee that the applicant wished for the application to be adjourned as the DPS had a bereavement in Pakistan and the applicant was in Pakistan on holiday.

 

In response to questions from members, the Licensing Manager, Ms Bina Patel, informed the Sub-Committee that:

 

·      She objected to the applicant’s wish for the application to be adjourned.

·      The premises was still selling items that was against the conditions of the licence to sell.

·      Two bottles of alcohol which the premises was not allowed to sell had been sold in a test purchase.       

 

In response to questions from Members, Mr Bernard Conmy, Trading Standards Officer, informed the Sub-Committee that:

 

·      It was the decision of the Sub-Committee whether or not they wished to hear the application in the applicant’s absence.

·      He would invite the Sub-Committee to hear the application rather than adjourn it.

 

In response to questions from Members, PC Constable informed the Sub-Committee that:

 

·      He acknowledged that the applicant had a bereavement but the interested parties could have been notified sooner.

 

Adjournment and Decision

At 7.08pm, the Sub-Committee withdrew from the meeting together with the Legal adviser and clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke.

Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to refuse the application to adjourn.

RESOLVED: To refuse the application to adjourn.

Announcement of Decision

Members returned to the meeting and the Chair informed those present of the decision to refuse the application to adjourn. The Sub-Committee had carefully considered all the representations made and had decided to refuse the application to adjourn.

The Sub-Committee was of the view that the application should be heard in the absence of the applicant and noted that it was the applicant who had submitted the variation application.

 

 

Presentation by the Licensing Officer

The Sub-Committee was informed that this was an application for a variation of a premises licence. The Sub-Committee’s attention was drawn to chapters 2, 3, 8, 9 and 10 of the Statutory Guidance and Sections 4, 5, 6, 7, 8, 9 and 16 of the Statement of Licensing Policy as the ones particularly relevant to this application. The options available to the Sub-Committee were set out in paragraph 6.2 of the report on page 19 of the agenda papers.

 

The Licensing Officer confirmed:

 

·      This was an application to vary a premises licence.

·      The variation was to remove one condition which did not allow the premises to sell alcohol above 6% abv.

·      The applicant was not in attendance at the meeting.

·      The application had been objected to by the Police, Licensing team and Trading Standards

 

Presentation from interested parties

 

PC Mike Constable informed the Sub-Committee that:

 

·      The premises had failed the test purchase and was found to be selling Nigerian Guinness and Dragon Stout.

·      Police had no faith in the premises licence holder’s ability to uphold the licensing objectives enough to be able to warrant a removal of the condition.

·      The condition was in place to prevent street drinking.

 

Mr Bernard Conmy, Trading Standards, informed the Sub-Committee that:

 

·      This was a variation application which had been prompted by a visit to the premises which had found items on sale at the premises in breach of the licensing conditions.

·      The reason the condition was in place was to tackle street drinking.

·      Stockwell was very well-known for street drinking issues.

·      Page 6 of the agenda papers outlined the problems caused by super strength alcohol. Pages 41, 42 and 43 provided further information on the issue, including specifically dealing with homelessness.

·      Page 44 of the agenda papers showed another report regarding alcohol consumption and its relationship to street drinking.

·      As outlined by the evidence, the condition that the applicant was proposing to be removed should not be removed.

 

Ms Bina Patel, Licensing Manager, informed the Sub-Committee that:

 

·      She would reiterate what the objectors had stated.

·      Given the nature of the applicant failing the compliance visit, that the applicant had disregarded all breaches of the premises licence and that breaches of the premises licence had been identified in November 2018, there was no confidence in the applicant’s ability to uphold the licensing objectives.

 

Adjournment and Decision

At 7.21pm, the Sub-Committee withdrew from the meeting together with the Legal adviser and clerk to deliberate in private. The Sub-Committee had heard and considered representations from all those who spoke.

Legal advice was given to the Sub-Committee on the options open to them and the need for any decision to be proportionate. The Sub-Committee decided to refuse the application.

RESOLVED: To refuse the application.

Announcement of Decision

Members returned to the meeting and the Chair informed those present of the decision to refuse the application. The Sub-Committee had carefully considered all the representations made and had decided to refuse the application.

The Sub-Committee was of the view that the application should be refused. Full written reasons would follow in due course. 

 

 

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