Agenda item

In the matter of this application for the variation of Premises Licence,the Committee has considered all the relevant representations made by all parties.

The Committee has made the following determination with a view to ensuring the promotion of the licensing objectives in accordance with the provisions of the Secretary of state’s guidance and the principles of our licensing policy:

With a view to ensuring the promotion of the licensing objectives, in accordance with the provisions of the statutory guidance and the principles of our licensing policy, the application was GRANTED as applied for.

In coming to a determination the Committee considered the following matters:

1   Members of the Committee noted the representations made by artists working in close proximity to the Jiffy Grocery. The neighbourhood had changed in recent years. There were more residential neighbours and there was a cultural quarter. The proposed application would affect a large number of people.

2.    The Committee also noted claims that delivery riders did not stay inside Jiffy Grocery, preferring to stand outside close to the Acme building to socialise. The noise created disturbed artists working in Acme which had caused stress for some people. If the application was approved residents and businesses would be disturbed by food smells and ventilation fans all hours of the day and night.

3.    The Committee considered the representations made by the Applicant’s agent.  There would not be any changes to the inward delivery schedules, the only change would be that delivery riders would be able to supply grocery products through the night. Annex 2 condition would also be removed.

4.    It was further noted that the applicant considered that the objectors’ concerns should not be addressed by licensing policy but the landlord or planning officers. The premises is not in the cumulative impact zone, the need for the variation did not have to be proved and there was a legal presumption to grant the application. The several conditions that already existed on the premises licence met the risks to the licensing objectives.

5.   The Committee noted that no objections had been received from responsible authorities. In addition there had not been any objection from residents.

6.    Members of the Committee agreed that the granting of the variation of the premises licence would ensure that the four licensing objectives were upheld.

4.1      The Chair welcomed all parties to the Licensing Committee. She then invited the Crime and Enforcement and Regulation Manager to introduce the application.

Licensing Officer   

4.2      Ms Spall said that members were being asked to consider an application for a variation of a premises licence for Jiffy Grocery Units 23-25 Parkside Business Estate Rolt Street SE8 5JB.  She outlined the application and said that representations had been received from ten interested parties on the grounds of public nuisance.

4.3      Ms Spall said that conditions had been agreed between the applicant and Police and the Crime, Enforcement and Regulation service to promote the licensing objectives. She outlined the powers available to members when making their decision

Applicant

4.4      Mr Nickson, licensing agent, spoke on behalf of the applicant. He said that the application for a full variation of the premises licence was to amend the hours of operation, initially until midnight but with the potential in future, for a 24 hour operation for their grocery delivery service. There would not be any changes to the inward delivery schedules, the only change would be that delivery riders would be able to supply grocery products through the night.

4.5      Mr Nickson said that no objections had been received from responsible authorities. In addition there had not been any objections from residents. The application included the removal of condition 6 to enable the delivery riders to operate after 11pm.

4.6      Mr Nickson said that there were limits to that which the licensing process could achieve to overcome the concerns raised by the business occupants in acme studios. These concerns should be discussed with the landlord or the planning authority. Members were not being asked to review the licence, only the sale and supply of alcohol alongside groceries and hot food and drinks after 11pm. The premises was not in the cumulative impact zone, the need for the variation did not have to be proved and there was a legal presumption to grant the application The several conditions that already existed on the premises licence met the risks to the licensing objectives

4.7      Mark Rogers, Property Manager, then addressed the Committee on the background of the location of the premises. He said that they treat Rolt Street arches as a strategic location led by customer demand from Deptford Surrey Quays and Greenwich. All were accessible by bike. The unit was a good size for the business and the applicant had a good relationship with the landlord.  There had been 3 deals with this landlord and Jiffy Grocery was the fourth. Since opening, nine people had been employed.

4.8      Councillor Brown asked for clarification regarding the transport used by delivery drivers. Mr Rogers said that the vast majority of deliveries would be by bicycles and E-Bikes. On occasions, motorised vehicles would be used, but these were being phased out.

Representation

4.9      Ms Deedman addressed the Committee. She said that she had been working for Acme studios for a number of years. Staff were used to accommodating working neighbours, but the neighbourhood had changed in recent years. There were more residential neighbours and there was a cultural quarter. The proposed application affected a number of people.

4.10    Ms Deedman said that there had been issues with Jiffy Groceries since June; attempts had been made to resolve these issues and concerns were on-going. The main complaint was that of noise. She did not consider the site to be managed well despite one of the conditions on the premises licence stating that operators should stay inside the unit before deliveries. Operators were using the space between the Acme building as a social space creating noise. If granted, this problem would be an issue all hours of the day and night.

4.11    Ms Deedman said that the current legislation on licensing should be applied rigorously to online activities and business and it was for bricks and mortar. There had been problems with pollution because the archway was a rat run. A cycle lane had been installed in Rolt Street and the resultant noise had been a problem for staff in the Acme building. If the application was approved, it would only exacerbate all the problems within the area.

4.12    The second objector said she believed that objections to the application had not been received from residents because they did not have access to the front of Jiffy Grocery where the notice of application was displayed. She said that she was an artist at Acme Childers Street speaking on behalf of the artists who had objected.  The main concern was regarding the prevention of public nuisance. Their studios face the Jiffy Grocery and artists were already experiencing a lot of noise and increased pollution from the current operation and this would continue into the early hours if the application was agreed. She raised the following points:

• Many  artists could only work at night and were already disturbed by Jiffy Grocery’s operation currently open until 11pm. Artists did not want to be disturbed later that 11pm.
• The yard was narrow and Acme Studios and Jiffy Grocery were very close. Vehicles drive straight down the yard or back up with reverse alarms all within 2/3 metres of the Acme site.
• There were frequent deliveries to Jiffy Grocery. There was noise from tail lift trucks, idle engines next to open windows,
• Artists worked with material that required ventilation. There was constant noise from Jiffy Grocery and mopeds were used for delivery. The acoustics of the site meant that noise was amplified around the area particularly at night.
• The site around the area was secure with heavy gates at night.
• There were concerns regarding the preparation and despatch of hot food on the site. Artists working on the Acme site did not want to be disturbed by food smells and ventilation fans
• Staff and riders created excess noise outside Jiffy Grocery as they socialised; including loud talking, phones on speakers, and music playing when shutters were open.
• Jiffy Grocery had been advised about the problems they were causing neighbours but the nuisance continued.
• The nuisance prevented artists from working, affected their health and wellbeing and caused stress.
• Attention was drawn to the condition in the current premises licence that riders must stay inside the premises, not make excessive noise when leaving, notices must be displayed at the exits requesting all staff to respect local residents and businesses.

4.13    The Chair said that the members would make a decision at the end of the meeting. All parties would be advised of the decision within 5 working days. She thanked all those present for their attendance.