Agenda item - Application for a New Premises Licence, Wine Keg Company, 104a Dyke Road, Brighton

Report of the Director of Public Health (copy attached)

35.1    The Panel considered a report of the Director of Public Health in relation to an application for a New Premises Licence under the Licensing Act 2003 for Wine Keg, 104A Dyke Road, Brighton.

 

Introduction from the Licensing Officer

 

35.2    The Licensing Officer, Becky Pratley, introduced the report and explained that it was an application for a new premises licence for 104A Dyke Road, Brighton in the St Peter’s & North Laine wardof the City. It was detailed that the application had initially requested on and off sales until 2100 hours on Monday-Saturday and until 1600 hours on Sunday but had since been amended to off sales only had and proposed the sale of alcohol from 1000-2000 hours Monday - Saturday and 1100 – 1600 hours Sunday.

 

35.3    It was explained to the Panel that the premises was within a special stress area (SSA), which was outlined in the Statement of Licensing Policy, and that the area was recommended for further monitoring. It was added that 2.4.12 of the Statement of Licensing Policy (SoLP) stated that new and variation applications for premises within the SSA would not be subject to the presumption of refusal; however, operators would be expected to pay special attention when drawing up their operating schedules and to make positive proposals to ensure that their operation would not add to the problems faced in the area.

 

35.4    The Licensing Officer clarified to the Panel that the Special Stress Area (SSA), that the Premises was situated, was of concern to the licensing authority because of the relatively high levels of crime and disorder and nuisance experienced within it. It was added that the area would be kept under review.

 

35.5    It was explained to the Panel that the Police Licensing Unit have made a representation on the grounds of crime and disorder and that the premises were within the SSA.

 

35.6    The Licensing Officer added that a representation was received from the Council’s Licensing authority; however, following correspondence with the applicant the operating schedule was amended to include a number of conditions and the hours of operation reduced. It was explained that the licensing authority had withdrawn their representation. The conditions included: no beers, lagers or ciders above 6% ABV; all spirits in the public area would be displayed behind the counter; CCTV to be installed; staff training; and challenge 25.

 

35.7    In response to Councillor Moonan, Sarah-Jane McNaught, Licensing Officer, clarified that the Licensing Authority had withdrawn their representation after the application had been amended to not include on sales. It was added that the Licensing Authority were satisfied with the application and believed that it was a specialist premises rather than an off licence.

Presentation from the Responsible Authorities

 

35.8    The Sussex Police introduced and stated that the representation had been made because the premises was within the SSA and was situated in a mixed commercial and residential area. It was added that there were eight off licences in the immediate area and that if the premises closed, another off licence could open which could encourage binge drinking.

 

35.9    It was explained to the Panel that there were ongoing problems in the area with binge drinking, antisocial behaviour and that the St Peter’s & North Laine ward had the second highest amount of ambulance calls in the city for drinking related issues.

 

35.10  The Sussex Police representative clarified to Councillor Marsh that the police would still object to the application, regardless of the conditions that could be agreed, due to the premises being in the SSA. Sergeant Ben Hearth added that the sale of single cans promotes street drinkers.

 

35.11  Sergeant Ben Hearth clarified to the applicant that the police would not object to a condition of charging a minimum of £0.50 per unit; however, would still have concerns regarding off sales of single cans.

 

            Presentation from the Applicant

 

35.12  The Applicant, Ms Oliver, introduced and explained that she had studied at Plumpton College and had become a wine specialist. The applicant added that she was a responsible retailer and would be happy to work closely with the local authority and the police to ensure the business was run responsibly.

 

35.13  The Applicant explained that they would: join the Business Crime Reduction Partnership (BCRP); have 24/7 live CCTV and alarm system installed; have a refusal log; train all staff on alcohol sales; and would actively encourage customers to eat while drinking by selling soft drinks and snacks.

 

35.14  The Applicant stated that brewers had begun to sell beers in cans, rather than bottles; therefore, wished to have a licence to sell single cans. It was explained that craft beers would promote moderate drinking and would be a premium price compared to the other off licences in the area.

 

35.15  In response to Councillor Marsh, the applicant explained that any craft beers over 6% ABV would be sold in bottles and wished to have a range for customers.

 

35.16  The Applicant clarified to Councillor Moonan that they actively encourage eating with drinking by discussing with the customers which food should be paired with wines and would have displays showing this.

 

35.17  Mr Oliver, the Applicant, explained to Councillor Bell that the business would be different to a regular off licences and this would be shown by: having displays in the window showing local produce; there would be no drink offers; and the bottles of wine would be no cheaper than £7.00. Ms Oliver added that they wished to sell wine related books and hold wine tasting and educational events in the near future.

 

35.18  In response to the Sussex Police, the Applicant clarified that the shop would be specialised to wine; however, the sales of craft beers would help the business remain sustainable.

 

Summaries

 

35.19  The Licensing Officer summarised and stated that the Licensing Guidance stated –

“In determining the application with a view to promoting the licensing objectives in the overall interests of the local community, the licensing authority must give appropriate weight to:

• the steps that are necessary to promote the licensing objectives;

• the representations (including supporting information) presented by all the parties;

• the Guidance;

• its own statement of licensing policy (which is framed around the four licensing objectives).”

 

35.20  It was stated to the Panel that Council’s SoLP Matrix approach suggested refusal to off licences in the SSA. The Licensing Officer reminded the Panel that each application should still be considered on its own merits and that there was discretion to depart from the policy where justified.

 

35.21  The Licensing Officer explained that if the Panel decided to grant the application then any conditions added to the licence to meet the Licensing Objectives should be clear, precise and enforceable. It was added that alternatively, the licensing authority could refuse the application on the grounds that it is appropriate for the promotion of the licensing objectives and conditions would be ineffective in preventing problems.

 

35.22  The Sussex Police summarised and stated that they had concerns that the premises was located in the SSA and would add to the existing problems in the area.

 

35.23  The Applicant summarised and stated that they wished to be part of a wider movement and promote drinking as a hobby, rather than binge drinking. It was explained that there were wine events in the near future and that they wished to contribute to them.

 

35.24  At 1110 hours, the Chair informed the Panel that the Councillors would retire to make a decision on all the submissions made at the hearing, the representations and all the supporting documents provided.

 

            Decision

 

35.25  The decision was sent to all parties on 23 November 2015. The decision was as followed;

 

“The Panel has listened very carefully to all the submissions made today, and read the papers. 

 

We have considered our statement of licensing policy. The premises lies within the Special Stress Area (SSA) which is deemed an area of special concern in terms of the relatively high levels of crime and disorder and public nuisance experienced within it. Further, the application of the Matrix approach to this case suggests a ‘no’ to off licences in the SSA . 

 

However, we have considered the individual merits of this application and the style of operation proposed, namely a high end wine led premises, and the consultation that the applicants have had with the Police and Licensing Authority. We note the amendment of the application to off sales only with a terminal hour of 20:00 Monday to Saturday and 16:00 on Sunday and agreement of conditions, which has led to the representation from the licensing authority being withdrawn. The police request a further condition in particular relating to no sale of single cans of beer, lager or cider. This is because of the nature of the area and to discourage street drinkers. The Applicants contend that craft beer is increasing being sold in single cans rather than bottles and thus do not agree to this condition. The panel consider that this condition is appropriate in view of the area and to deter street drinkers and are not convinced about the craft beer argument.

 

 

 

The panel consider that the style of operation proposed and the conditions agreed are such that the licensing objectives will not be undermined. We therefore grant the application as amended with the following agreed conditions and the additional condition that ‘No single cans of beer, lager or cider will be sold.’

 

Conditions agreed.

 

General

 

·         No beers, lagers or cider with an ABV content exceeding 6% will be sold other than premium speciality bottled beer, lager or cider.

 

·         All spirits in the public area of the shop will be displayed behind the counter and beyond arms reach of customers.

 

 

Prevention of Crime and Disorder

 

·         Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.

 

·         The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.

 

·         CCTV footage will be stored for a minimum of 31 days

 

·         The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

 

·         The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.

 

·         Subject to Data Protection guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk for the police without difficulty or delay and without charge to Sussex Police.

 

·         Any breakdown or system failure will be remedied as soon as practicable with actions taken in this regard being recorded.

 

·         Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.

 

 

For the Protection of Children from Harm

 

The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:

·         The lawful selling of age restricted products

 

·         Refusing the sale of alcohol to a person who is drunk

 

·         Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed eight weeks, with the date and time of the verbal reinforcement/refresher training documented.

 

·         All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and Brighton & Hove Weights & Measures Officers upon request.

 

·         The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, driving licences with a photograph or proof of age cards bearing the 'PASS' mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.

 

·         Signage advertising the "Challenge 25" policy will be displayed in prominent locations inside the premises.

 

·         The premises shall at all times maintain and operate refusals recording system (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, local authority staff and Weights and Measures officers.

 

·         Alcoholic drinks such as beers and wines will be kept in a separate area away from soft drinks.”