Decision Outcome
That the application by Alireza Nazmiyeh for a premises licence in respect of Euro Express, 1851b Pershore Road, Cotteridge, Birmingham, B30 3DJ BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS to promote the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm objectives in the Act:
A. Modification of hours –
Alcohol The hours for the supply of alcohol shall apply as follows:
Monday to Sunday
0900 hours to 2300 hours
B. Signage 1
The applicant shall erect prominent, clear and legible signage inside and outside the premises informing patrons that CCTV will be used to prevent proxy sales of alcohol and cigarettes to children and that legal sanction may follow where this is indicated.
C. Signage 2
The applicant shall erect prominent, clear and legible signage inside and outside the premises informing patrons not to park their vehicles in the Ex Service Men’s Memorial Institute, without their (Ex Service Men’s Memorial Institute) prior agreement.
D.
Other conditions offered or agreed by applicant
The applicant shall ensure that the staff undertake regular litter sweeps/patrols every 3 hours during its opening hours to clear up and remove any litter outside the frontage of the shop and its immediate vicinity.
E. Other conditions offered or agreed by
the applicant
The conditions agreed with Birmingham City Council Licensing
Enforcement as set out in their email to PMB Licensing dated
Tuesday 22 March 2016 @ 2.27pm and subsequently accepted in
Tthe email from PMB Licensing dated 31 March 2016 @ 15.25pm:-
General
All members of staff will receive training regarding the:-
• four licensing principles contained in the Licensing Act 2003;
• responsible retailing of alcohol;
• protection of children from harm and this must include how to
competently check customers’ identification where necessary;
• authorised hours for licensable activities and the conditions
attached to the premises licence.
The training provided to staff will be recorded and each member of staff will sign and date the training records to confirm they have received and understood the training provided.
Protection of Children from Harm
The premises will operate a strict Challenge 25 age verification
policy – No ID - No Sale
The licence holder will have a written age verification policy
(challenge 25).
A copy of the written age verification policy must be signed by
all members of staff to confirm they have read and understand
the policy in operation and this signed copy will be maintained at
the premises and available for inspection by any Responsible
Authority on request.
A notice will be displayed at the premises and clearly visible to
customers advising a challenge 25 age verification policy is in
operation at the
premises.
The Sub-Committee's reasons for imposing these conditions, some of which were volunteered and agreed are due to the submissions made by other persons, West Midlands Police and Birmingham City Council Licensing Enforcement regarding the location and impact of the proposed operation within an area which was experiencing some difficulties, none of which were directly attributable to the premises, as the venue had yet to open.
The Sub-Committee carefully considered the operating schedule put forward by the applicant and the likely impact of the application but did not accept that there was evidence of a significant public nuisance, risk to crime and disorder, risk to public safety and risk to children arising from the proposed operation of the premises, but only a result of revising the Operating Schedule as set out above.
Whilst the Sub-Committee noted that conditions had been agreed with West Midlands Police reducing the hours for the sale of alcohol to 0700 hours to 2300 hours from the original Operating Schedule, they felt that there was no compelling reason why alcohol should be sold from 0700 hours, none being presented by the applicant or his legal advisor. Those making representations, informed the Sub-Committee of their concerns around the protection of children from harm objective within the Licensing Act 2003, the impact of the existing anti-social behaviour posed to children and the concern over proxy sales, at a time when most children would be going to school. To revise the operating Schedule, solely in relation to the sale of alcohol would negate some of these matters and concerns.
Further, the Sub-Committee were informed that the proportion of sales from the sale of alcohol was approximately, 20% of the goods sold on the premises, which was predominantly a general food store. The Sub-Committee were informed that the alcohol (which would specifically exclude high strength alcohol) would be sold from cabinets with shutters, and therefore felt that alcohol sales could be excluded quite expediently from the other non-alcohol sales.
The Sub-Committee felt that the concerns of the other persons and the Responsible Authorities were taken into account by imposing suitable conditions that would allay their apprehension and fear about the potential for the matters set out in the representations at Appendix 1 and 2, from arising in connection with the proposed operation of the premises.
The Sub-Committee considers the conditions imposed to be appropriate, reasonable and proportionate to address concerns raised.
In addition to the above conditions, those matters detailed in the operating schedule and the relevant mandatory conditions under the Licensing Act 2003 will form part of the licence issued.
In reaching this decision, the Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the information in the application, the written representations received and the submissions made at the hearing by the applicant, their legal adviser, and those making representations.
All parties are reminded that under the provisions contained within Schedule 5 to the Licensing Act 2003, there is the right of appeal against the decision of the Licensing Authority to the Magistrates’ Court, such an appeal to be made within twenty-one days of the date of notification of the decision.