Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance) considering an application for a grant of a premises licence for 19 Hillside, Welwyn Garden City.

Introduction and Procedure

The purpose of the meeting was to consider an application for the granting of licence for alcohol sales from 19 Hillside, Welwyn Garden City, AL7 4PZ. The premises Licence is held by Gemma Dawn Crowe. Ms Crowe had applied to be the Designated Premises Supervisor under the premises licence application and therefore would be solely responsible for alcohol sales from the premises.

Documentary Evidence

A copy of the Licensing Officer’s report, the premises licence, resident’s written representation, application for review of the license and a site location map had previously been circulated.

Report of the Licensing Officer

The Licensing Officer presented her report on an application which had been received from the Applicant under the Licensing Act 2003 for a licence to supply alcohol for delivery only from the residential property and only with desserts from the applicant’s dessert company Wednesday - Friday 16.00 – 22.00, Saturday 14.00 – 22.00 and Sunday 12.00 – 16.00. The premises is not open to the public.

The hearing was a result of the Licensing Authority having received six formal written relevant representations against the application within the 28 day consultation period.  Of the six representations received, two of these were submitted by Local Ward Councillors on behalf of members of the public who requested that their identities remain anonymous due to worries of reprisals.

A written representation to the application was received from the Police Licensing Officer on 13 April 2021 expressing concerns over doorstep sales of alcohol at a private residence.  The Licensing Officer had identified conditions that could be added to the premises licence with the agreement of the Applicant to address the concerns expressed by the Police Licensing Officer.

Conditions were proposed to the Police Licensing Officer and the applicant, both parties agreed to the following conditions being added to the premises licence should the application be successful.

Following the agreement of the conditions above the Police Licensing Officer withdrew the representation against the application on 15 April 2021.

Applicant

The License Holder, Gemma Crowe stated that she did try to talk to some of the neighbours before submitting the application to try and resolve issues but was unsuccessful.

The Applicant stated that her business was new and had started operating from 22 February 2021. The Applicant operates in the evenings and has about 20 deliveries a week.

The products sold are meant to be consumed at home and may need re-heating. The Applicant also stated that any products not sold were sent to a Women’s refuge.

The alcohol being sold would be cocktails in bottles. The Applicant stated that the alcohol can be drunk straight from the bottle but advises customers to consume the alcohol from their home and drink from a glass.

The delivery service was strictly for business use only. The vehicles being no different to delivery vans or vehicles. The Applicant stated that she tries to advise the delivery drivers not to park on grass verges and avoid double parking. The applicant has had her collection process updated accordingly.

In regards to litter, the applicant tries to be respectful of neighbours and has put up notices on the entrance to the property. The applicant does make sure there is no litter outside the property and stated that Environmental Health have no concerns on the business operation. The applicant also said that she was liaising with companies to install CCTV at the property to create a safer environment in the neighbourhood.

It was noted that photographic evidence was available for the Sub-Committee if required.

Questions from the Sub-Committee Members

1.     Will alcohol be sold on its own? Will it be delivery companies coming to the property or customers coming to the property? The house could become a target and children could unintentionally become involved.  Concern was expressed in respect of the litter at the property.  The applicant confirmed that the alcohol sold will be for delivery only. The Police Licensing Officer had no concern about potential break-ins at the residential address. The products will only be delivered to the address supplied on the order.

2.     How will you store the alcohol in the house? The applicant confirmed that the alcohol is stored, away from children in the converted dining room for business and confirmed it is a closed off area.

3.     The property is the second one along the road near the end of the highway. Parking is a problem. The applicant confirmed that she has a contract with Ubereats and restricts the waiting time for delivery drivers and customers. The applicant was working towards positive reviews of the business and tries to reduce the wait time for the delivery drivers so customers receive their delivery on time.

4.     It was noted that most of the business/sales will be transacted from the shop, once lockdown restrictions are lifted but there still be sales from 19 Hillside (licensed premises).

Determination

The Licensing Sub-Committee has decided to GRANT the application:

The Sub-Committee considered an application for the grant of a premises licence at 19 Hillside Welwyn Garden City to supply alcohol for delivery only with desserts from the applicants dessert company, Wednesday – Friday 16:00 – 22:00, Saturday 14:00 -22:00 and Sunday 12:00 – 16:00.

The Sub-Committee heard from the applicant.  The Sub-Committee considered the content of the application, and the representations.

The Sub-Committee considered the Police Licensing Officer’s representations that had been resolved by the applicant’s agreement of adding conditions 1 – 5 to the premises licence should the application be granted:

Conditions:

1)    Any alcohol sales from the property will only be available for delivery from the premises and these deliveries will only be done by trained drivers.

2)    All staff involved in the processing of orders will receive training in relevant licensing laws including under age sales.

3)    A declaration will be in place at the point of order to confirm that the user is over the age of 18.

4)    At the point of order, it will be made clear to the customer that the contract for sale of alcohol will not be fulfilled until the alcohol has been delivered to an individual who has produced satisfactory identification in accordance with a Challenge 25 Policy.

5)    Any courier/delivery companies will be instructed to require photographic identification (Driving License, Passport, recognised proof of age card) in the event that a recipient appears to be under the age of 25. Alcohol will not be left unattended at the recipient address.

The Sub-Committee considered the licensing objectives of the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm. These were all raised in representations. It also considered the National Guidance and the Councils Licensing Policy.

The Sub-Committee were mindful of the residents’ fears for parking but this was not a licensing condition. It considered that with Ubers limited waiting time that this would hopefully be negated.

The Sub-Committee welcomed the introduction of CCTV from the applicant and considered that it will protect from anti-social behaviour.

The Sub-Committee considered that the concerns raised would be met by the adding of conditions numbered 1-5, and that with these conditions in place the licensing objectives would be promoted.

The Sub-Committee considered the conditions were proportionate and appropriate, given the location of the premises and the representations made.

On the above basis the Sub-Committee were prepared to grant the application.

Our full determination with reasons for the decision will be published within 5 working days.

The parties are hereby notified that they may appeal against this decision to the Magistrates Court within 21 days, beginning with the date of notification of this decision.