Agenda item

Report of the Executive Director Supporting Communities

 

This is an application for a new premises licence under section 17 of the Licensing Act 2003.

 

Consideration was given to a report of the Executive Director Supporting Communities detailing an application for a new premises licence under Section 17 of the Licensing Act 2003.

 

Paru Bhudia, Licensing Officer, summarised the report. Since the publication of the main agenda five additional conditions had been added and the Licensing Authority had withdrawn their representation.

 

Alex Tomlinson and Felix Faulkner, legal representatives for the Applicant, accompanied by Marc Sherman, Five Guys Operational Team - Head of Property, spoke to their application. The following points were made:

 

·       The hours applied for were close to framework hours and the premises was not in a CIA. The application was proportionate the style of operation.

·       Additional conditions had been agreed with the Licensing Authority leading them to withdraw their objection. There had been no objections from any other responsible authorities.

·       Five Guys already had another site in Camden which operated later hours than being applied for in this application and that site had not ever had issues with authorities or enforcement. Five Guys did not have any issues on their London sites and they were known for being good neighbours.

·       Five Guys was an experienced operator in the UK for over 10 years and had 164 sites in the UK. Five Guys prided themselves on being a good employer and neighbour to local residents. Five Guys would be happy to have continued dialogue with local residents.

·       Alcohol sales in Five Guys operations were minimal and were on average only 2% of sales. Five Guys did not operate as a drinking establishment and the only offer was small bottle beers.

·       The premises was located under a new build block which housed 160 residential units. There were existing agreements in place with the developer to limit delivery hours a to the premises therefore the likelihood of causing a nuisance to residents was limited. All stores had a dedicated contact number.

 

In response to questions, the following points were clarified:

 

·       The Police and Applicant had agreed conditions which were included in the application and the Police did not make a representation.

·       The women’s safety principles conditions were not common in Five Guys venues and had not been requested by the Police, however the Applicant would be happy to adopt them.

·       The majority of sales were generated from dining customers at 75%. There was a small number of customer collections. The takeaway deliveries that were collected from third party operatives were managed quickly by staff as to not affect the dine-in customer’s experience. As a general point, delivery operatives tended to congregate in areas between a number of restaurants, and therefore even if a group was close to the premises they may not be waiting for Five Guys specifically. There were clear policies for operatives from third parties that they should be positioned in a sensible location and away from main roads.

 

In their closing remarks, Alex Tomlinson stated Five Guys wanted to reassure residents that loading from deliveries would have minimal impact due to the existing agreements with the housing developer and they were limited to daytime hours. They also wanted to reassure there would be any potential littering would be controlled due to the number of waste recycling points and that usually Five Guys customers did not take food off-site.

 

Decision and Reasons

 

In their deliberations, Panel Members stated that the application was broadly in line with framework hours, therefore the risk of negative impacts of disturbance to residents was less impactful. Panel Members were reassured the Applicant was able to promote the licensing objectives having agreed additional conditions with the responsible authorities, offering to adopt the women’s safety principes, and outlining their organised delivery and waste arrangements.

 

RESOLVED –

 

i)               THAT a licence be granted for:

 

a)            Supply of Alcohol (For consumption on and off the premises)

 

11:00 - 23:00 - Sunday to Wednesday

11:00 - 00:00 - Thursday to Saturday

 

b)            Late Night Refreshment

 

23:00 - 00:00 - Thursday to Saturday

 

c)            Films and Recorded Music

 

08:00 - 23:30 - Sunday to Wednesday

08:00 - 00:30 - Thursday to Saturday

 

Non-Standard Timing –

Supply of alcohol and Late-night refreshment to terminate at 02:00 on New Year’s Eve. Films and Recorded Music to terminate at 02:30 on New Year’s Eve.

 

d)            Opening Hours

 

08:00 - 23:30 - Sunday to Wednesday

8:00 - 00:30 - Thursday to Sunday

 

Non-Standard Timing - to terminate at 02:30 on New Year’s Eve.

 

ii)     THAT the following conditions be added to the licence:

 

Officers’ summary of conditions consistent with the operating schedule

 

1. A CCTV system with recording equipment shall be installed, operated and maintained at the premises (unforeseen faults excepted). Images will be retained for a minimum of 28 days and supplied to a police officer upon reasonable request subject to the Data Protection Act 1998.

 

2. Members of staff authorised to sell alcohol shall receive training on the law with regard to alcohol sales (including the prohibition of sale of alcohol to those who are underage and those who are drunk).

 

3. The premises will operate a “Challenge 25” proof of age scheme whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the "PASS" logo and date of birth. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to that person. Challenge 25 signage shall be displayed within the premises.

 

4. Whilst the premises are being used under the licence, the premises licence holder shall ensure that all litter and waste directly outside the premises is removed and disposed of.

 

5. Notices shall be prominently displayed at the premises requesting that customers leave the premises quietly and respect the needs of local residents in the area.

 

6. The licence holder will ensure any noise generated from the premises is managed by the Premises Licence Holder and Management team on site.

 

7. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

8. The premises licence holder shall ensure that CCTV cameras and recorders are installed at the premises.

 

9. The CCTV system shall be maintained in good working order and at all times the premises is open to the public, be fully operational covering both internal and external areas of the premises to which the public have access.

 

10. The CCTV camera views are not to be obstructed.

 

11. At least one CCTV camera is to be placed no more than seven feet above floor level; near to the exit in order to capture clear facial images of all persons leaving the premises.

 

12. The medium on which CCTV images are recorded shall be of evidential quality; stored securely; shall be retained for a period of 31 days; and be available for inspection by the Police or Local Authority upon request.

 

13. At all times when the premises are open for the purposes of licensable activities, a suitably trained member of staff shall be present to assist the Police or an authorised officer in obtaining the CCTV footage.

 

14. Copies of CCTV shall be made available within 48 hours to the Police or Local Authority, upon request.

 

15. No persons carrying visibly open or sealed alcohol vessels shall be admitted to the premises at any time that the premises are open for any licensable activity.

 

16. A Challenge 25 policy will be enforced, where any person reasonably looking under the age of 25 shall be asked to prove their age when attempting to purchase alcohol and signs to this effect will be displayed at the premises. The only acceptable forms of identity will be those with photographic identification documents recognised in the Home Office guidance; including passports, photo-card driving licence or proof of age card bearing the PASS hologram.

 

17. Police must be called to incidents of violence and/or disorder.

 

18. There shall be no vertical drinking in the Premises.

 

19. An incident log shall be kept at the premises, and made available on request to an authorised officer or the Police, which will record the following:

(a)  all crimes reported to the venue

(b)  all ejections of patrons

(c)  any complaints received

(d)  any incidents of disorder and violence

(e)  all seizures of drugs or offensive weapons

(f)    any faults in the CCTV system or searching equipment or scanning equipment

(g)  any refusal of the sale of alcohol to include date, time, and staff member

(h)  any visit by a relevant authority or emergency service.

(i)    CAD reference numbers where Police are called.

 

20. Alcohol sales for consumption on the premises will be ancillary to a table meal.

 

21. There will be no sales of alcohol for consumption off the premises after 23:00.

 

Conditions agreed by Licensing Panel C on 18 April 2024

 

22. The premises shall adopt and implement Camden’s Women’s Safety principles into their day-to-day operation, which are:

a)    Let’s Communicate – Staff need to feel comfortable to speak up and approach colleagues and management about any form of harassment that they may witness or be subjected to themselves and know the processes available to them to express their views and concerns.

b)    Supporting Each Other – Ensure that you and your staff are aware of the various support campaigns available such as Ask Angela and that these are clearly displayed around your venue.

c)    Training for All – Staff training on how to report any issues, what to say and do should they witness or be subject to harassment and how to identify harassment and those who may be vulnerable, make them aware of your internal policies.

 

ACTON BY: Executive Director Supporting Communities