Agenda item

To consider the attached application for a Premises Licence in respect of Yung and Kush.

 

 

The three Councillors that presided over this application were Councillors M Sartin (Chairman), R Morgan and CP Pond.

 

The Chairman welcomed the applicant’s representative, Mr N Semper and the applicants Mr R Parekh and Ms A Parekh.  The Chairman introduced the Members and officers present and outlined the procedure that would be followed for the determination of the application.

 

(a)            Application before the Sub-Committee

 

The Licensing Compliance Officer, D Houghton, introduced the application for a new licensed premise at Yung and Kush, 84A Queens Road, Buckhurst Hill, IG9 5B. The application was for the sale of alcohol for consumption off the premises, Monday to Sunday 09:00 to 23:00 hours The application had been received on 7 May 2022 and the operating schedule set out the conditions that would be attached to the licence, if the application were to be granted.

 

The responsible authorities had received a copy of the application. It had been advertised at the premises, in a local newspaper and all residences and businesses within 150 metre radius of the premises had been individually consulted.

 

The authority had received two representations of objections from local residents, both related the prevention of public nuisance. A response had also been received from Essex Police with recommendations that had been agreed by the applicant. No comments had been received from any other responsible authority.

 

 

(b)           Presentation of the Applicant’s Case

 

Mr Semper outlined the application and advised the Sub-Committee that the licence was for a small retailer that sold high end products. He highlighted that the representations made in relation to anti-social social behaviour were speculative and that parking was not a consideration for the Sub Committee. Mr Semper advised the committee that CCTV covered the premises and the frontage, all staff would be trained, the premises would be operated with due diligence, all relevant logs would be maintained and Challenge 25 would be operated, to ensure compliance with the Licencing Policy aims. He summarised that the conditions in the application would promote the licensing objectives.

 

(c)            Questions for the Applicant from the Sub-Committee

 

Members of the Sub-Committee received confirmation that the application had been received in 2022, not 2021 as stated on the officer’s report. The Sub-Committee asked about the applicants experience and were advised that Mr R Parekh and Ms A Parekh had operated a licensed convenience store for 9 years in Whitford, Basildon, there had been no issues and Ms Parekh had trained staff for that site. She confirmed that she would be responsible for training staff if the licence was granted.

 

The Sub-Committee queried the layout of the different areas of the shop, staffing levels and if there would be internet sales. They were advised that only high-end products for wine and spirit areas would be sold and that both Mr and Ms Parekh would be present at the premises, there was also face recognition CCTV inside the premises. There would be internet sales, and the applicant or trained staff would carry out the deliveries only the person who placed the ordered could take receipt of the delivery. The applicant confirmed there would not be any tables and chairs at the premises.

 

The Sub-Committee queried why the reduced hours offered to the objector were not those proposed in the application, the applicant’s agent advised that these had been offered, unsuccessfully, to placate the objector. The application had therefore been submitted for hours until 11:00 pm, these hours would ensure there would be time to pick and pack internet orders, it was expected that the shop would close at approximately 8:00pm during the week and 9:00pm on the weekend.

 

The applicant confirmed to Mr G Oakley, (Senior Legal Executive) that the agreed conditions were as detailed on page 58-59 of the agenda.

 

(d)        Questions for the Applicant from the Objectors to the Review

 

No objectors were present at the Sub-Committee meeting.

 

(e)            Presentation from the Objectors to the Review

 

No objectors present were at the Sub-Committee meeting.

 

(f)             Closing Statement from the Applicant

 

No closing statement was made by the Applicant.

 

(g)        Consideration of the Application by the Sub-Committee

 

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application.

 

During their deliberations the Sub-Committee received no further advice from the Legal Officer present. The Sub-Committee considered what was appropriate to promote the four licensing objectives and the relevant parts of the Council’s Licensing Policy and the Home Office’s guidance.

 

RESOLVED:

 

The decision of this Licensing Sub-Committee was that the application for a premises licence in respect of Yung and Kush 84A Queens Road Buckhurst Hill Essex IG9 5BS for the  consumption of alcohol off the premises Monday to Sunday between 9.00 and 23.00 with opening hours for the same times be granted subject to the following conditions

 

A: The conditions which are consistent with the Operating Schedule as varied by the conditions agreed with the Licensing Officer of Essex Police all of which are set below.

 

1.          All stocks ofspirits would heldbehind thecounter.

 

2.          When the DesignatedPremises Supervisoris noton duty,a contacttelephone numberwould be available at all times.

 

3.          CCTV would be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly regarding facial recognition. Camerasshall encompassall ingressand egressto thepremises, fireexits, outsideareas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order, be correctly time and date stamped, recordingsMUST bekept indate order,numbered sequentiallyand keptfor aperiod of31 days. The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in recordable media format, and able to produce it to a Police Officer and/or an authorised Local Authority/Council Trading Standards Officer on demand and in a viewable format.

The CCTVequipment shallbe keptin asecure environmentunder thecontrol ofthe DPSor other responsible named individual.

An operational daily weekly report must be maintained endorsed by signature, indicating the systemhas beenchecked andis compliant,in theevent ofany failingsactions takenare tobe recorded.

In theevent oftechnical failureof theCCTV equipmentthe PremisesLicence holder/DPS MUST report the failure to the Police (on contact number ‘101’) and Council Licensing Department immediately.

 

4.          An incident log must be kept at the premises.Incident log records would be retained for a periodof 12months fromthe dateit occurred.It would bemade immediatelyavailable onrequest to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Trading Standards Officer or the Police, and must record the following:

(a)     all crimesreported tothe premises(where relevantto thelicensing objectives)

(b)     all ejectionsof patrons

(c)      any complaints received(where relevantto thelicensing objectives)

(d)     any incidentsof disorder

(e)     any faultsin theCCTV systemor searchingequipment orscanning equipment

(f)        any refusal ofthe saleof alcoholor tobaccoproducts

(g)     any visitby arelevant authorityor emergencyservices, notingtime, date& purposeand those officials by name.

PublicSafety

5.          The Premises LicenceHolder shallhave aprocedure inplace toensure thatthe FireExit(s) is checked regularly and clear of obstruction at all time.

 

6.          Emergencylighting andsmoke detectorsshall beinstalled andinspected regularlyto ensure that they are in good working order and free of hindrance or obstruction.

ThePrevention ofPublic Nuisance

7.          Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exitsto thepremises requestingthe publicto respectthe needsof localresidents andto leave the premises and the area quickly and quietly.

 

TheProtection ofChildren FromHarm

8.          A written register of Refusals on grounds of age or sobriety would be kept including a description of the people who have been unable to provide required identification to prove their age.Such records shall be kept for a period of 12 months and would be collected by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as definedby Section13 ofthe LicensingAct 2003)or anauthorised TradingStandards Officerthe Local Authority/Council on demand.

 

9.          All staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing prior to commencing employment unless themselves a Personal Licence Holder in their own right. Retraining would be carried out every 12 months. Training records shall be kept on the premises andproduced tothe Policeor an‘authorised person’(as definedby Section13 ofthe Licensing Act 2003) or an authorised Trading Standards Officer of the Local Authority/ Council) on demand.

 

10.       The premises shall operate a Challenge 25 Policy.Such policy shall be written down and kept at the premises.The policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading StandardsOfficer theLocal Authority/Council.Prominent, clearand legiblesignage (innot less than32 fontbold) shallalso bedisplayed atall entrancesto thepremises aswell asat, atleast one location behind any counter advertising the scheme operated.

 

11.       A refusals record shall be maintained at the premises that details all refusals to sell alcohol. Each entry shall, as a minimum, record the date and time of the refusal and the name of the staff member refusing the sale. All entries must be made as soon as possible and in any event within 4 hours of the refusal and the record must be made immediately available to police, trading standards or licensing authority staff upon reasonable request. The refusals record shall beeither electronicor maintainedin abound documentand retainedfor atleast 12months from the date of the last entry.

 

Internet Sales:

12.       The Premises Licence Holder shall ensure that any person who purchases from the site shall register with the site. Such registration details shall include the person’s full name, full address, date of birth and phone number.A clear document trail of the order process from order, despatch from the licensed premises and delivery to the customer is maintained (with times and signatures) and available for inspection and records shall be kept for a period of 12 months and shall be produced on demand of the police or an ‘authorised person’ (as defined by Section13 ofthe LicensingAct 2003)or anauthorised TradingStandards Officerof theCouncil.

 

13.       The terms andconditions ofthe companywebsite would containthe following:

a)   The companywould not sellalcohol toany personuntil ithas beenverified thatthe personis over 18 years of age.

b)   An ageconfirmation requirementwhen registeringto purchase.

c)    Reference to theoperating ofa Challenge25 policy.

d)   That noparcels would beleft bythe courierif theperson atthe deliveryaddress isunder 18 years of age.

 

14.       Order payments would onlybe takenby credit/debitcard viaweb salesor telephone,no payment would be accepted at the door.

Deliveries:

15.       The person delivering the alcohol to the premises shall operate a Challenge 25 policy and shall require proof of age prior to the alcohol being handed over. No alcohol shall be handed overto aperson under18. Theonly acceptableproof ofidentity shallbe aphotographic driver’s licence, a passport or an Identity Card containing the PASS Hologram. The website shall contain a declaration to this effect.

 

B  The mandatory conditions contained in Sections 19 -21 of the Licensing Act 2003.

 

 

The applicant and persons who made relevant representations were reminded of their right of appeal to the Magistrates Court within 21 days of date of the written notification of this decision.

 

The applicant was reminded that if the conditions of the Licence are breached, the matter can be reviewed by the Licensing Sub–Committee and the premises licence can be looked at again