Agenda item
Application by the Metropolitan Police for a review of the premises licence for 'Rains Newsagents' (2 Mordaunt Road, London, NW10 4UA) pursuant to the provisions of the Licensing Act 2003
The review follows an expedited review hearing of the premises that took place on 24 October 2014.
Minutes:
Responsible authority present:
PC Sam Lewis-Evans (Brent Police Licensing)
PC Nicola McDonald (Brent Police Licensing)
Ian Rhys-Phillips (legal representative for Brent Police Licensing)
Premises licence holder and their representative present:
ThuvarakeswaranThiyagarajah (premises licence holder)
Anna Mathias (premises licence holder’s representative)
Having considered the matter, the Sub-Committee then asked the police, their legal representative, the premises licence holder and their representative to leave the room to allow the Sub-Committee to discuss the relevant issues concerning the application.
RESOLVED:
Having considered the application by the Metropolitan Police to review the premises licence for ‘Rains Newsagents’ (2 Mordaunt Road, London, NW10 4UA) pursuant to the provisions of the Licensing Act 2003, the Sub-Committee resolved that the premises licence continue in full force and effect, subject to amendments to the hours of the supply of alcohol, amendments and deletions of existing conditions, additional conditions and an informative.
(i) that the hours during which the supply of alcohol are permitted be amended to:
Monday to Saturday – 11:00 to 22:00
Sunday -11:00 to 21:00
(ii) that the following amendment be made to the existing condition as numbered below on annexe 2 of the premises licence to read:
4. No high strength beers, lagers and ciders above 6.0% ABV shall be stocked.
(iii) that conditions as numbered 2, 3 and 6 on annexe 2 of the premises licence be deleted.
(iv) that the following conditions be added to the premises licence:
1. All high strength beers, lagers and ciders above 6.0% ABV currently stocked on the premises to be removed with immediate effect.
2. CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to police and authorised officers of the council on demand.
3. A CCTV camera shall be installed to cover the front entrance of the premises.
4. A sign stating “No proof of age – No sale” shall be displayed at the point of sale.
5. A “Challenge 25” policy shall be adopted and adhered to at all times.
6. A refusal book detailing date and time of the refused sale and the name of the person refusing the sale shall be kept and maintained and made available for inspection at the premises on demand.
7. A clear and unobstructed view into the premises shall be maintained at all times.
8. An incident log shall be kept at the premises, and made available for inspection on request of an authorised officer of the council or the police on demand, which will record the following:
· Any refusal of the sale of alcohol
· Any visit by relevant authority or emergency service to the premises
9. A copy of the premises licence summary, including the hours during which licensable activities are permitted, shall be visible from the outside of each entrance to the premises.
10. A personal licence holder fluent in English shall be present on the premises and supervise the sale of alcohol throughout the permitted hours for the sale of alcohol.
11. Outside of the hours authorised for the sale of alcohol, all alcohol within the trading area is to be suitably covered to prevent access to the alcohol by customers or staff.
12. A new designated premises supervisor must be appointed and for the avoidance of doubt this cannot be the present premises licence holder (as of 19 November 2014).
13. The following crime prevention measures shall be implemented within seven days:
· A time delay safe with deposit slot and anti fishing mechanisms must be used at the counter till area
· Regular robbery awareness and cash minimisation training shall be given to all staff.
14. All aisles within the premises shall be kept free of obstruction at all times.
15. There shall be no sale of single cans of alcohol at any time.
16. All staff employed for the sale of alcohol must be personal licence holders and be trained by a Home Office approved provider every two years and training records must be made available for inspection to the police and the licensing authority upon demand.
The Alcohol and Entertainment Licensing Sub-Committee (B), in considering the evidence from the Metropolitan Police in their written representation, accepted that there had been significant breaches of some of the conditions on the premises licence that undermined the licensing objectives (prevention of crime and disorder, prevention of public nuisance, ensuring public safety and protection of children from harm). The Sub-Committee therefore felt that it was reasonable, proportionate and necessary to amend the hours during which the premises licence holder would be permitted to supply alcohol and to amend and add conditions on the existing licence in order to help the premises licence holder uphold the promotion of the licensing objectives (prevention of crime and disorder, ensuring public safety, prevention of public nuisance and protection of children from harm). In addition, it felt that the premises had not been managed satisfactorily because of the significant breaches of some of the conditions of the premises licence and because of the failure to carry out sufficient checks to ensure that the alcohol products purchased were both legitimate and sourced from a legitimate supplier. The Sub-Committee therefore resolved that a new designated premises supervisor must be appointed for the premises and for the avoidance of doubt this cannot be the present premises licence holder (as of 19 November 2014) in order to remedy the mismanagement of the premises.
The Alcohol and Entertainment Licensing Sub-Committee (B) also issued an informative advising the premises licence holder that they should ensure that their products were sourced from a legitimate supplier and reminded them of the importance of adhering to all conditions on the premises licence.
Supporting documents:
- Rains Application, item 3. PDF 359 KB
- Rains Redatced_Evidence, item 3. PDF 308 KB
- Rains Redated_Licence_A__B, item 3. PDF 541 KB
- PoliceEvidence-Alric&Rains-Nicky signed statement, item 3. PDF 1 MB
- PoliceEvidence-Alric&Rains-HMRC david, item 3. PDF 1 MB
- PoliceEvidence-Alric&Rains-Barnsley 1, item 3. PDF 2 MB
- PoliceEvidence-Alric&Rains-Barnsley 2, item 3. PDF 2 MB
- PoliceEvidence-Alric&Rains-Barnsley 3, item 3. PDF 615 KB
- PoliceEvidence-Alric&Rains- v2, item 3. PDF 75 KB
- PoliceEvidence-Rains-Application for a Minor Vary RAINS 2011, item 3. PDF 677 KB
- PoliceEvidence-Rains 10Sept14, item 3. PDF 71 KB
- Representation-Alrics&Rains, item 3. PDF 592 KB
- Representation-Evidence-Alrics&Rains, item 3. PDF 2 MB
- Alric&Rains-Rep2, item 3. PDF 89 KB