Greenwich Council

Decision details

Mullai Food & Wine (formerly Euro), 12 Plumstead Road, Woolwich, SE18 7BZ

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

In reaching its decision, the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions, the Sub Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

Having considered all the evidence put before it, the Sub-Committee decided to grant the Premises Licence under the Licensing Act 2003 in respect of the

 

Mullai Food & Wine (formerly known as Euro Food & Wine), 12 Plumstead Road, Woolwich, London SE18 7BZ

 

as follows:

 

That the hours for licensable activities for:

 

The supply of alcohol shall be

 

Monday – Sunday

09:00 until 23:00

 

The licence is granted subject to the conditions as are consistent with the Operating Schedule and the conditions volunteered by the applicant as set as follows:

 

1.            The premises shall operate Greenwich Council’s ‘Reducing the Strength’ Scheme. This means that the premises shall not sell any beers, lager or cider with an ABV of 6.5% or above.

 

2.            There shall be no sales of single cans of beer, lager or cider.

 

3.            The premises shall operate the ‘Challenge 25’ Scheme. Under the Scheme, all staff authorised for the sale of alcohol shall challenge every individual who appears to be under 25 years of age and shall refuse service where individuals cannot produce acceptable means of identification to prove they are over 18. Notices shall be displayed as to the age verification policy, advising customers that if they look under 25, they may be asked to provide evidence of age. Acceptable forms of ID shall be:

 

a)    A UK driving licence;

b)   A passport;

c)    A Home Office approved ID card.

 

4.            Signage informing customers of the age verification policy adopted at the premises shall be prominently displayed at the premises.

 

5.            All staff shall be trained in the law relating to the sale of alcohol. Such training shall include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification; understanding acceptable forms of ID; and using the Refusal Register. Such training (including any refresher training) shall be recorded and provided not less than every twelve (12) months. The training record shall be made available for inspection by Police and “authorised persons” (as defined by Section 13 of the Licensing Act 2003).

 

6.            A Refusals Register shall be kept at the premises, and made immediately available on request to the police or authorised persons. The Refusals Register shall be inspected on a monthly basis by the Designated Premises Supervisor and the date of inspection noted in the register. The Refusals Register shall record all refused sales of alcohol and include, but not be limited to, the following:

 

a)    The identity of the member of staff who refused the sale;

b)   The date and time of the refusal;

c)    The alcohol requested and reason for refusal;

d)   Description of the person refused alcohol.

 

7.            The CCTV shall continuously record whilst the premises is open for licensable activities and during all times when customers remain on the premises. The CCTV shall cover inside and outside of the premises (precise positions may be agreed with Police from time-to-time). The recorded CCTV images shall be stored for a minimum of thirty-one (31) days with the correct date & time-stamping.

 

8.            A member of staff who is able to operate the CCTV system and download copies of recordings shall be present on the premises during all hours that the premises remains open to members of the public.

 

9.            Signs shall be displayed stating that the premises are monitored by CCTV. Such signage shall be displayed on the front door and inside.

 

10.      An Incident Book shall be maintained at the premises to record details of any incidents relating to the four licensing objectives pursuant to the Licensing Act 2003. Such entries shall include, but not be limited to, the following:

a) All crimes at the venue, e.g. shoplifting, damage, threats to staff;

b) Removal of patrons from the premises;

c) Any complaints received from members of the public;

d) Any incidents of disorder;

e) Any faults in the CCTV system;

f) Any visit by a relevant authority or emergency service.

 

11.         All spirits shall be displayed behind the shop service counter.

 

12.         The area immediately outside the premises shall be maintained in a clean and tidy manner at all times it is open for licensable activity.

 

13.         The premises licence holder shall ensure compliance at all times with the Regulatory Reform (Fire Safety) Order 2005, and any other direction that may be made from time-to-time by an officer of the relevant Fire Authority.

 

14.         Neither Mr Sithamparappillai Thavaseelan or his wife Mrs Vimilara Thavaseelan, or any company that they are associated with directly or indirectly, shall be involved with the day-to-day running of the premises.

 

15.         The Designated Premises Supervisor or a personal licence holder shall be present at the premises at all times during licensable hours.

 

16.         All alcohol that is displayed within the licensable area, other than the spirits placed behind the shop service counter (pursuant to Condition 11), shall be covered during non-licensable hours.

 

The Sub-Committee also agreed the following additional condition(s):

 

17.     That the hatch in the frontage of the premises shall not be used for sale of alcohol at any time.

 

The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.

 

The Sub Committee’s decision was based on issues raised concerning the Prevention of Crime & Disorder, Prevention of Public Nuisance and the Public Safety licensing objectives.

 

In reaching their decision the Sub-Committee considered the representations put forward by the Applicant’s representative who stated that he had met with the Police before the making of the application to discuss the failures of the previous premises licence holder to manage the premises properly. The applicant’s representative also informed the Sub-Committee that two dates were arranged for a meeting with residents where any concerns could be discussed and addressed. However, despite notices being sent to every premises around the vicinity, none of the residents had attended.

 

The Applicant’s representative informed the Sub-Committee that there had been three local residents objecting to the application. However, two local residents no longer had objections as their concerns regarding disturbances outside the premises had been addressed by the proposed licensing hours.  The Sub-Committee accepted the representation.

 

With regards to the outstanding written objection from another local resident making representations on basis of the Public Nuisance and Public Safety licensing objectives, the applicant’s representative stated that the concerns raised by him related to anti-social behaviour occurring after 11pm. He argued that as the proposed licensing hours ended at 11pm, many of the issues experienced by the remaining resident were largely irrelevant.

 

The Sub-Committee noted that the applicant had agreed conditions with the Police, Environmental Health and Public Health which had addressed their concerns under the Prevention of Crime and Disorder and Public Safety licensing objectives. The Sub-Committee was mindful of paragraph 2.1 of the Guidance which states “Licensing authorities should look to the Police as the main source of advice on crime and disorder” and placed substantial weight on the fact that conditions had been agreed that promoted the Prevention of Crime and disorder and Public Safety licensing objectives.

 

In response to a question of whether the previous members of staff would still have involvement in the business, the applicant’s representative gave assurances that they would not. The applicant’s representative explained that, as part of negotiations with the Police it had been agreed that the applicant’s parents would have no involvement in the running of the business. The applicant’s representative stated that the applicant would be involved in the day to day running of the business and had a personal licence. It was also confirmed that there were no plans for a hatch on the premises to be re-opened to sell alcohol.

 

The Sub-Committee noted that the premise was in a cumulative impact zone and under paragraph 10.7 of the Royal Borough of Greenwich’s Licensing Policy “…. the Royal Borough will refuse applications for new premises licence…..whenever it receives relevant representations unless an applicant can demonstrate why the grant or variation involved will not add to the cumulative impact experienced”.

 

The Sub-Committee were persuaded and satisfied that -

·        the previous premises licence holders (who were the parents of the applicant) had retired and no longer had any involvement in the business

·        the applicant would be employing new members of staff

·        the applicant had no intention of re-opening the hatch to sell alcohol

 

The Sub-Committee were minded to grant the premises licence for the hours requested with the conditions set out on page 38 to 41 of the Agenda. The Sub-Committee also determined that it was proportionate and appropriate to impose an additional condition that ‘the hatch shall not be used for sale of alcohol at any time’ in order to promote the licensing objectives of Prevention of Crime & Disorder, Prevention of Public Nuisance and the Public Safety licensing objectives.

 

If the applicant or those making representations are aggrieved by the Council’s decision, they have the right to appeal to the Magistrates’ Court.  Such an appeal must be submitted to the Magistrates’ Court within 21 days of the date from when the appeal period is deemed to have started, which will be stated in the cover email or letter to the Notice of Decision.

 

 

Publication date: 14/05/2019

Date of decision: 08/05/2019

Decided at meeting: 08/05/2019 - Licensing Sub-Committee C

Accompanying Documents: