Agenda item

With the agreement of the Chair and the Legal Advisor, a revised plan of the premises was submitted for the consideration of the Committee.

 

At the request of Democratic Services, a nomination for Chair was moved and seconded. It was agreed that Councillor Darran Davies would chair the meeting.

 

INTRODUCTION

 

Daniel Ferrer, Licensing Team Manager, presented the application which sought approval for the granting of a new Premises Licence in respect of H & H News & Wine, 6-10 High Street, Harefield UB9 6BU. It was noted that the Application Form and Plan were appended as Appendix 1 to the report. The application had attracted two representations both from local businesses – Costcutter and Harefield Wine. Members heard that here had been no representations received from Ward Councillors or from any of the Responsible Authorities.

 

In response to questions from Members, it was confirmed that no representations had been received from the responsible authorities including ASBET and the Police.

 

APPLICANT

 

The applicants, Mr and Mrs Mehta, were in attendance and were represented by Charles Merrett Counsel. Members were informed that the applicants were already successfully running two premises; one in Rickmansworth which had been in operation for nine years and one in St Albans which had been in operation for one year. It was confirmed that no complaints had been received in respect of either of these businesses which were both licensed to sell alcohol for consumption off site.

 

The Sub-Committee heard that, were the licence to be granted, the premises in question would operate as a SPAR shop. An amended plan had been submitted. CCTV would be in operation at the premises both internally and externally. It was confirmed that four staff members would be employed – two on a part-time basis and two on a full-time basis. Two staff members were personal licence holders. A number of conditions had been proposed as set out in paragraph 2.6 of the officer’s report.

 

The applicant’s representative noted that no Members’ Enquiries had been submitted, or complaints raised by responsible authorities in respect of the application. Members were advised that the applicants had an excellent track record. It was noted that the representations received had been submitted by other businesses in the area and Members heard that all the concerns raised would be addressed by way of the conditions proposed in the application.

 

In response to their requests for clarification, the Sub-Committee was informed that the alcohol counter would be located at a considerable distance from the entrance and exit to prevent theft. Two or three staff members would also be present at all times to act as a deterrent.

 

Members sought further clarification regarding engagement with local residents. It was confirmed that the applicants had lived and worked in the area for some 20 years hence were well acquainted with the local community.

 

In response to further questions from Members in respect of the avoidance of crime and disorder, the Sub-Committee heard that 16-18 CCTV cameras would be in place at the premises. A minimum of two staff would be employed at any one time for security purposes and a Licence Holder would always be on site. The premises was situated on a busy road but no additional noise nuisance emanating from the premises was envisaged.

 

INTERESTED PARTIES

 

An interested party, Ms Harleen Kaur, was in attendance and addressed the Sub-Committee Members in objection to the application. Ms Kaur stated that the High Street was generally quiet after 20:00-21:00 hours. With regard to the Prevention of Crime and Disorder, Ms Kaur ascertained that there was already a considerable amount of crime in the area. It was reported that people sometimes became inebriated and attempted to steal from the local shops. An additional shop in the area selling alcohol would exacerbate the situation and lead to an increase in antisocial behaviour.

 

In respect of Public Safety, Ms Kaur expressed concern that some young people in the area drank too much and vaped which was bad for their health. Ms Kaur reported that she refused to serve those who were underage or were already inebriated but was concerned that the new premises would fail to do this. Ms Kaur advised Members that many local people did not want the proposed premises to open and had signed a petition which had not been accepted by the Council.

 

In response to requests for clarification, Councillors were advised that the number of people who were refused alcohol would vary. It was confirmed that alcohol would never be sold to those who were underage or who were already inebriated. Ms Kaur expressed concern that H&H News and Wine would not uphold this standard and noted the presence of a school nearby to the premises. Members noted that hypothetic scenarios could not be taken into consideration when making a decision.

 

DISCUSSION

 

Charles Merrett Counsel noted that H&H News and Wine had included conditions in their application to confirm that they would not serve alcohol to anyone underage or inebriated.

 

In respect of the petition referenced by the interested party, the Licensing Team Manager highlighted that two petitions had been submitted to the Licensing Team. The first had been rejected as it had failed to meet the requirements of the petition scheme. The second petition, which had been subsequently submitted by the same interested party, had also been rejected on 28 January 2025 for similar reasons. No further petitions had been received.

 

CLOSING REMARKS

 

The Licensing Team Manager and the applicant had nothing further to add.

 

The Interested Party requested the addition of further conditions were the application to be granted.

 

Councillors emphasised the importance of adherence to the licensing objectives in order to uphold public safety and maintain law and order. It was suggested that it would be helpful for the local businesses to work together to safeguard the local community.

 

COMMITTEE DELIBERATION

 

All parties were asked to leave the room while the Sub-Committee considered its decision.

 

The decision of the Sub-Committee was subsequently broadcast on the Council’s Youtube Channel: Hillingdon London.

 

The Decision

 

The Sub-Committee listened to all representations made both oral and written.  In addition, the Sub-Committee welcomed the conditions offered by the Licensing Authority and agreed by the Applicant and their willingness to commit to the licensing objectives at all times. 

 

The Sub-Committee considered all relevant evidence made available to it and in doing so took the following into account:

 

•           Licensing Objectives, Licensing Act 2003

•           Hillingdon's Licensing Policy

•           Guidance issued by the Secretary of State under s.182 of the Licensing Act 2003

 

The decision of the Sub-Committee is to GRANT the application for the supply of alcohol for consumption off the premises Sunday to Monday between 0700 hours and 2300 hours. The operating hours of the business shall also be between 0700 hours and 2300 hours. The new premises licence will be subject to the conditions as set out in their application.

 

REASONS

 

The Sub-Committee recognise that this is a new application for a premises licence for the sale of alcohol off the premises ancillary to the business which is a convenience store selling a variety of goods.

 

Apart from the representations from the two interested parties objecting to the application, the Sub-Committee note that there have been no further objections particularly from residents, Responsible Authorities nor members’ enquiries logged by councillors in respect of this application.

 

The applicants in their submissions demonstrated sound experience and understanding of the licensing objectives, noting that the applicants also currently run two other licenced premises without issue.

 

The sub-committee also considered the representations made by the interested parties and noted the concerns raised by Ms Kaur in relation to the prevention of crime in the area. Having listened to Ms Kaur’s representations regarding increased drinking, anti-social behaviour and underage sale of alcohol and vapes to children by other local licenced premises, the sub-committee were not persuaded that these issues could be directly attributed to the applicant’s premises without tangible evidence and in absence of any representations from responsible authorities or members enquiries.

 

Having considered all the information put before it, the Sub-Committee were satisfied on balance that the Applicant would comply with the licensing objectives.

Right of Appeal

 

The relevant applicant for the premises licence or any other person who made relevant representations to the application may appeal against the Council’s decision to the Justices Clerk at the Uxbridge Magistrates Court.  Such an appeal may be brought within 21 days of receipt of this Notice of Decision.

 

No decision made by the Council will have effect during the time period within which an appeal may be brought and until such time that any appeal has been determined or abandoned.

 

The Sub-Committee advises as a comfort to residents and a warning to the licensee that the licence may be reviewed and could potentially be revoked if licence conditions are not adhered to and/or if the premises are managed in a manner which does not uphold the licensing objectives.

 

You will be deemed to have received this decision letter, two days after the date on the accompanying letter, which will be posted by 1st class mail.