Agenda item

The report of the Chief Officer Elections and Regulatory advises Members of an application for the grant of a premises licence, made by Cassandra Jane Rae, for Unit 7C Hilltop Commercial Centre, Houghley Lane, Bramley, Leeds, LS13 2DN.

The Chief Officer Elections and Regulatory submitted a report for Members consideration of an application to grant a premises licence made by Cassandra Jane Rae, for Unit 7C Hilltop Commercial Centre, Houghley Lane, Bramley, Leeds, LS13 2DN.

Attending the meeting were:

• Cassandra Jane Rae – Applicant
• The applicant’s daughter attended to observe the hearing.

The Legal officer explained the procedure for the hearing. As there were only two Members on the Sub-Committee, the applicant agreed to proceed with the hearing on this basis.

The Licensing Officer presented the application informing Members of the following points:

• The application was for the grant of a premises licence, made by Cassandra Jane Rae, for Unit 7C Hilltop Commercial Centre, Houghley Lane, Bramley, Leeds, LS13 2DN.
• The business was proposed as a storage unit for the sale of alcohol for an online delivery service proposing the sale by retail of alcohol for consumption off the premises only for the hours of Monday-Friday 09:00 - 17:00, Saturday 11:00 - 16:00 and Sunday 11:00 - 14:00.
• It was noted that the premises will not be open to members of the public.
• It was the first application for licensable activity for the premises.
• Responsible authorities and Ward Members had been notified of this application. No representations had been received in response.
• The application had attracted a representation from a member of the public, which remained outstanding, opposed to the application mainly on the grounds of public nuisance. They held fears of retribution and had not attended the Sub-Committee.
• A copy of the application form was available at Appendix A, a map of the locality at Appendix B, the public objection comment at Appendix C and a list of surrounding premises at Appendix D.

The applicant provided the Sub-Committee with the following information:

• Rather than tabling an additional document which responded to the concerns raised in the objection comment, this information was verbally presented as part of the applicant’s submission.

• The unit was currently in their ownership and was used for storage purposes.
• The business was proposed for sale online by delivery only and was not open to the public. The unit was to be used for storage, packing boxes, and distributing deliveries.
• Sales will consist of craft beer, costing approximately between £4-£5 a can, with the ability for a customer to build a variety pack. It was the ambition to create a trade account with many locally and nationally significant breweries, allowing customers to place convenient orders without having to visit multiple shops.
• As the objector had referenced increased traffic, it was noted, that no additional noise or traffic was expected through this application as the unit was part of an old mill, business complex, containing multiple other businesses that required deliveries and vehicle usage.
• It was a basement unit at the far end of the mill complex and was not contributing to litter in the area, as referenced in the objection comment. Packaging was to be disposed of into locked recycle bins.
• Advertisements of the proposals had been displayed clearly on four laminated, blue notices. One was placed on the gate to the mill, another outside the premises.
• As the objection had referenced traffic and roads being dark nearby, it was noted that street lighting was a concern for Highways and with no current deliveries taking place, the business was not yet contributing to traffic.
• One to two deliveries were expected to the premises each week for distribution and the same delivery courier companies as other businesses in the will were to be used, to limit disturbance.
• Sale was to consist of hand-picked, high-quality craft beer in cardboard packaging to be delivered upon online order request. There were no similar businesses noted within the locality and local breweries such as Horsforth, Kirkstall and Wilde Childe were proposed for sale.
• The business was considered to have no extra impact on the area, given the location, operations and surrounding existing businesses.

Responding to questions from Members the Sub-Committee were informed of the following by the applicant:

• It was confirmed that there was no signage proposed which may draw public attention to the unit and any promotion will stress that sales are for online order and delivery only and it is not a shop.
• To outline confidence that the business will not contribute to additional traffic in the area, it was noted that the premises will not be open for customers and delivery was to be conducted by the applicant or by distribution courier services.
• Previously, there was an intention to run a sweet shop from the premises but had not been done due to the unit being deemed unsuitable for physical customers. The unit had been owned by the applicant for three years and had only been used for storage purposes.
• If the business was to be opened to the public as a bottle shop, this would be done at an alternative location, better suited to this business model. It was hoped that the business would expand in these terms.
• The applicant had no previous experience with running premises with licensed activities, however, they held a personal license, had previously home brewed beer and was establishing the business due to a passion for craft beer and, from experience, having had to go to multiple shops to purchase a range of craft beer.
• Age verification for online orders was via a check box to enter the website, more formal requirements were needed for delivery, with couriers requiring ID to complete delivery.
• Credible couriers were to be used and an email or text code can be used for proof of order. It was noted the beer for sale was expensive and not perceived to be attractive to alcoholics or younger people.
• The applicant noted they were enthusiastic for the business to succeed and had no intention to sell cheaper beer if the application were granted.
• The applicant noted they were self employed but this was their first attempt at setting up a beer or online sale business.
• Deliveries were expected to be sent out in bulk, towards the end of the week, to limit multiple vehicles attending every day.
• The applicant lived locally and had chosen this unit due to it being a reasonable price and with it being a basement unit, was a good space and temperature for brewing beer, if they were wanting to do so.
• No exact competitors with the same business model in the locality were known, although some breweries sell their own beers online for delivery. It was the intention to contact local breweries to propose to sell their beer and consolidate working relationships.
• Delivery and work vans were noted to be common in the mill complex, with catering, mechanic and woodwork, as well as many more businesses residing there.
• It was felt that the objection was based against the impact of the mill complex rather than this application itself.
• It was clarified that the licensed times applied for were until 17:00 Monday to Friday, 16:00 Saturday and 14:00 on Sunday, as suggested and agreed with West Yorkshire Police (WYP). It was understood distribution was unable to take place later than these hours.
• The following suggested measures were agreed to be followed and incorporated into the operating schedule, as per licensing guidance for alcohol delivery services;

o  There will be no access to the licensed premises by members of the public at any time whilst the premises licence has effect, except for those who use the premises for their business, employment, or residence.

o  The premises licence holder/designated premises supervisor shall adopt a `Challenge 25’ age verification policy that shall be applied at the point of order, sale and on delivery.

o  All people involved in the delivery of alcohol, be this the premises licence holder/designated premises supervisor, employees or third party courier, shall at the point of delivery be satisfied that the person to who the alcohol is being delivered is 18 years and over. If at any point of the process acceptable photographic age verification documents cannot be produced, the delivery shall be refused, and alcohol returned to the licensed premises.

o  Deliveries shall only be made to the address indicated on the order.

o  Deliveries shall only to be made to bona fide business/commercial addresses or private residences and not to any public/open spaces (e.g. car parks, street corners, bus stops, public parks).

o  Deliveries shall be refused to any person who is, or who appears to be under the influence of alcohol or drugs and the alcohol shall be returned to the licensed premises.

o  The licence holder/designated premises supervisor shall ensure that only the alcohol items specified on orders processed for despatch are loaded onto delivery vehicles, and no surplus stock shall be carried on vehicles.

o  With regards to all third-party couriers used to provide the delivery of alcohol, the premises licence holder/designated premises supervisor shall have a contractual arrangement with each third party to be satisfied that the promotion of the licensing objectives and terms of the premises licence are complied with at all times, with particular attention to the point of delivery.

o  Hackney Carriages or Private Hire vehicles shall not be used for deliveries under any circumstances.

o  The premises licence holder/designated premises supervisor shall keep records of or have access to all alcohol orders. Records shall include for each order: the full name and address of who made the order; age verification at point of order; any refusals made at the point of order; the items ordered; the date and time of the despatch; details of the delivery provider/driver; the date and time of delivery; the full postal delivery address; the name and date of birth of the person receiving the order; detail of identification/proof of age documents received; details of any refusals at the point of delivery including reasons. Records shall be retained at the licensed premises for a period of 12 months and be produced on request for inspection by a police officer or an authorised person of the licensing authority.

RESOLVED – To grant the application as applied for, subject to the incorporation into the operating schedule of the following conditions:

·  There will be no access to the licensed premises by members of the public at any time whilst the premises licence has effect, except for those who use the premises for their business, employment, or residence.

·  The premises licence holder/designated premises supervisor shall adopt a “Challenge 25” age verification policy that shall be applied at the point of order, sale and on delivery.

·  All people involved in the delivery of alcohol, be this the premises licence holder/designated premises supervisor, employees or third party courier, shall at the point of delivery be satisfied that the person to who the alcohol is being delivered is 18 years and over. If at any point of the process acceptable photographic age verification documents cannot be produced, the delivery shall be refused, and alcohol returned to the licensed premises.

·  Deliveries shall only be made to the address indicated on the order.

·  Deliveries shall only to be made to bona fide business/commercial addresses or private residences and not to any public/open spaces (e.g. car parks, street corners, bus stops, public parks).

·  Deliveries shall be refused to any person who is, or who appears to be under the influence of alcohol or drugs and the alcohol shall be returned to the licensed premises.

·  The licence holder/designated premises supervisor shall ensure that only the alcohol items specified on orders processed for despatch are loaded onto delivery vehicles, and no surplus stock shall be carried on vehicles.

·  With regards to all third-party couriers used to provide the delivery of alcohol, the premises licence holder/designated premises supervisor shall have a contractual arrangement with each third party to be satisfied that the promotion of the licensing objectives and terms of the premises licence are complied with at all times, with particular attention to the point of delivery.

·  Hackney Carriages or Private Hire vehicles shall not be used for deliveries under any circumstances.