Agenda item - Application for a New Premises Licence, Weezy Fulfilment Centre, Unit B, New Town Road Estate, Newtown Road, Hove

Report of the Executive Director, Housing, Neighbourhoods and Communities (copy attached)

3.1      The Panel considered a report of the Executive Director of Housing, Neighbourhoods and communities requesting that they determine an application for a New Premises Licence under the Licensing Act 2003 by Weezy Fulfilment Centre, Unit 1B, Newtown Road Estate, Newtown Road, Hove.

          Presentation by the Licensing Officer

3.2      The Licensing Officer, Jo Osborne, gave a presentation detailing the application which proposed a locally based home grocery delivery centre. The premises would not be open to the public and grocery shopping which would include alcohol would be delivered to the customer via electric vehicles One representation had been received from Sussex Police relating to the Prevention of Crime and Disorder and the Protection of Children from harm. It was noted that the Premises did not fall in the Cumulative Impact Area or the Special Stress Area.

          Submission on Behalf of Sussex Police

3.3      The Police represented by Hannah Staplehurst, PC Bernascone and PS Lam outlined their concerns in respect of this new premises licence application. It was explained that the applicants had pre- consulted with the Police and had amended their terminal hour accordingly. It was proposed that alcohol would be delivered to places of business and residential addresses and the Police had concerns that the alcohol would be delivered to local areas in the Special Stress Area or as far as the Cumulative Impact Area which suffered from high incidence of crime and disorder. Their concerns were essentially the same as those set out in respect of the previous application considered in respect of the same applicant.

3.4      The Police had concerns about delivery drivers having the confidence to refuse a delivery on the doorstep and over the increased number of two wheeled vehicles on the road. Their current operation, Operation Mainstay was focussed on reducing the numbers of road collisions resulting in killed or seriously injured persons on powered two wheeled vehicles. They had concerns that this business operation would add more vehicles onto the roads and possibly therefore increase the number of people seriously injured or killed as well as vehicle document related offences. There were also concerns over the crime and disorder in the in the city and the areas to where alcohol would be delivered too gave an added concern in terms of protecting children from harm.

Submission by the Applicants

3.5      The applicants were represented by Lisa Sharkey, their legal representative from Poppleston Allen, Emma Jones of Weezy Fulfilment, Marion Adler their Director of Operations and Adam Crombie who would be their store manager. Both the applicant and Poppleston Allen had pre-consulted with Sussex Police and had taken their considerations on board and had included a copy of their intended alcohol policy with their application entitled “Alcohol Delivery and Age Verification Policies and Procedures” and conditions had also been offered. This documentation had been circulated to the Panel Members in advance of the hearing that day and had also been uploaded to the Council website.

3.6      The applicant’s legal representative amplified on questions by the Panel Members in respect of how their operation would be run and any mitigation measures they proposed in order to address the Police’s concerns. They also responded to detailed questions from the Panel. These are set out below and were integral to their deliberations in arriving at their decision which is also set out below.

Closing Submissions

3.7      Once the point had been reached when no further issues were raised and following the closing submission by the Licensing Officer each of the other parties gave their closing submissions re-iterating the points that they had raised during the course of the meeting. The Panel then deliberated on the matter and made their determination.

          The Decision

3.8      The Chair stated that the Panel had read all the papers including the report, relevant representations and further document from the applicants, and had listened to all the submissions made that day by all parties. Having considered the objection and submissions from Sussex Police, on behalf of the Licensing Authority and submissions from and on behalf of the premises user.

3.9      The application was for a locally based home delivery grocery centre for sale of alcohol off the premises from 07:00 to 23:00 hours each day. The premises were not open to the public and off sales of alcohol would be exclusively by delivery on electric bicycles or mopeds usually within 15 minutes of the order being placed. A relevant representation was received from Sussex Police. The police concerns were mainly about the potential delivery points into the Special Stress Area or even the Cumulative Impact Zone and concern over proxy sales. They presented crime statistics for the area in which deliveries would take place.and had asked that the panel scrutinised this application.

3.10    On behalf of the applicant it was submitted that these premises did not fit into the category of a standard off licence and that the fresh produce and grocery element was key and that alcohol was ancillary to this element. This was supported by sales figures from London in which alcohol was a relatively small percentage of sales. Their ideal customers were families in the local area. The drivers were direct employees and not 3^rd party contractors. There had been pre-consultation with the police and licensing authority.  A number of conditions had been offered in the operating schedule and there was an effective age verification and alcohol policy.

3.11    The panel had considered this application carefully on its merits. The application was in the ‘other areas’ category of the Matrix where off licences were generally supported until 11pm or earlier if there were resident concerns. There had been no representations from residents for this application. The panel had been able to question the applicants about their operation. The delivery zone for Hove would be different to that of the Brighton premises, and they would operate an internal geo-fence system. The panel appreciated the arguments presented by the applicant about the nature of the operation and recognised that there were some good policies and conditions proposed. The applicant further agreed to a condition as follows:

·                No beer, lager, cider or perry with an ABV over 6% or above shall be sold at the premises save that this shall not apply to premium beer, lager, cider or perry with an ABV over 6% or above such as craft or speciality brands or brands produced by a micro-brewery, or brands produced to commemorate a national or local event.

The panel had decided to grant this application with the above condition to be attached to the licence along with those in the operating schedule. Within this location and with the conditions and measures proposed the panel considered that the licensing objectives would be promoted.

3.12    RESOLVED – That for the reasons set out above the application for a New Premises by Weezy Fulfillment Centre, Unit B, New Town Road Estate, Newtown Road, Hove be approved subject to the condition(s) set out above.

          Note: The Legal Adviser to the Panel explained that the applicants would be notified of the Panel’s decision in witing with details of their appeal rights attached.