To consider an application for the grant of a Premises Licence in respect of Oxford Road Supermarket, 267-271 Oxford Road, Reading RG1 7PY.

The Head of Planning, Development and Regulatory Services submitted a report on an application by Oxford Road Supermarket Ltd for the grant of a Premises Licence in respect of Oxford Road Supermarket, 267-271 Oxford Road, Reading, RG1 7PY.

The report stated that there was currently no licence in force at the premises and the application was for the grant of a Premises Licence to permit the following licensable activities:

Sale by Retail of Alcohol (off the premises)

Monday to Sunday             0700 hours until 0000 hours

Hours the Premises are open to the Public

Monday to Sunday             0700 hours until 0000 hours

A copy of the application form was attached to the report at Appendix DF-1.

During the 28 day consultation period for the application, representations had been received from Reading Borough Council, Thames Valley Police and Oxford Road Safer Neighbourhood Forum.  The representations were attached to the report at Appendix DF-2, DF-3 and DF-4 respectively.

The report stated that in considering representations received, the Licensing Authority had a duty to carry out its functions with a view to promoting the four licensing objectives, as follows:

·       The prevention of crime and disorder

·       Public safety

·       The prevention of public nuisance

·       The protection of children from harm

The report stated that any conditions placed on the premises licence should be appropriate and proportionate with a view to promoting the licensing objectives and that the Licensing Authority could grant the application as applied for, modify or refuse an application should it be deemed appropriate for the promotion of the licensing objectives.

The report set out paragraphs 1.2-1.5 and 8.41-8.49 from the Secretary of State’s guidance issued under Section 182 of the Licensing Act 2003 (April 2018) and paragraphs 3.1, 3.2, 5.6, 5.7, 6.1, 6.2, 6.11-6.18, 10.1 and 10.3 from the Council’s Statement of Licensing Policy (2018).

Dan Fundrey, Licensing Enforcement Officer from Reading Borough Council, attended the meeting and presented the report.

The applicant, Oxford Road Supermarket Ltd, was represented by Jon Payne, Licensing Lawyers, who addressed the Sub-Committee on the application and responded to questions.  Dana Hama Marad, the Director of the company and Designated Premises Supervisor, also attended the meeting.

Peter Narancic, Senior Licensing Enforcement Officer, Reading Borough Council, and Simon Wheeler, Thames Valley Police, were both present and addressed the Sub-Committee on their representations regarding the application as stated in the report.

Proposed amended licence conditions had been presented by the applicant, and by Thames Valley Police at the meeting.

Resolved -

(1)      That, in order to promote the four licensing objectives and having regard to the oral and written representations made, the Secretary of State’s guidance as set out in the report and the Council’s Statement of Licensing Policy as set out in the report, the application in respect of Oxford Road Supermarket, 267-271 Oxford Road, be granted as follows:

Sale by Retail of Alcohol (off the Premises)

Monday to Sunday                                 0700 hours until 0000 hours

(2)      That the premises be open to the public as follows:

Monday to Sunday                                 0700 hours until 0000 hours

(3)      That the following conditions be attached to the licence:

1.       Staff employed to sell alcohol shall undergo training upon induction.  This shall include, but not be limited to:

·       Understanding of the four licensing objectives

·       The premises age verification policy (Challenge 25)

·       Dealing with refusal of sales

·       Proxy purchasing

·       Recognising valid identity documents not in the English language

·       Identifying attempts by intoxicated persons to purchase alcohol

·       Identifying signs of intoxication

·       Conflict management

·       How to identify and safeguard vulnerable persons who attend and leave the premises

·       Child sexual exploitation

·       The four licensing objectives

Such training sessions are to be documented and refreshed every six months.  All training sessions are to be documented in English.  Records of training shall be kept for a minimum of one year and be made available to an authorised officer of Thames Valley Police and Reading Borough Council upon request;

2.       Staff authorised to sell alcohol shall be accredited to BII Level 1 Award in Responsible Alcohol Retailing (ARAR) or SWERCOTS NPONANS, or any similarly nationally recognised approved accreditation curriculum within four weeks for existing and subsequent employees;

3.       The premises licence holder shall ensure that a refusal log (either written or electronic) is in operation at the premises.  All staff involved in the sale of alcohol shall be trained in how to use and maintain said log.  The log shall contain the following:

          a)       Description of person attempting to purchase alcohol

          b)       Time said person attempted to purchase alcohol

          c)       The reason for refusing a person alcohol

          d)       Name of staff member dealing with the refusal

          The log shall be signed off weekly by the Designated Premises Supervisor or nominated representative and shall be made available for inspection to officers of Reading Borough Council and Thames Valley Police;

4.       The Designated Premises Supervisor shall ensure they and staff who are authorised to sell alcohol are able to converse with customers and representatives of Statutory Agencies to a level that they are able to satisfactorily meet the four licensing objectives as contained in the Licensing Act 2003:

          i.        The Prevention of Crime and Disorder

          ii.       Public Safety

          iii.      Public Nuisance

          iv.      The Protection of Children from Harm;

5.       The premises shall at all times operate an age verification policy of at least Challenge 25 to prevent any customers who appear to staff members to be under the age of 25 years from purchasing alcohol without having first provided identification.  Notices advertising the Challenge 25 and proof of age policies shall be displayed in prominent positions on the premises;

6.       The premises age verification policy shall be in a written form and displayed in a prominent position on the premises;

7.       The premises licence holder shall ensure the premises’ digitally recorded CCTV system cameras shall continually record while the premises are open to the public and recordings shall be kept for a minimum of 31 days with time and date stamping.  The entire licensable area shall be covered with the CCTV.  There shall be at least one camera positioned at each entry and exit point to monitor any external areas to the premises.  This includes any areas designated for tables and chairs and/or a designated smoking area.  Data recordings shall be made immediately for viewing to an authorised officer of Thames Valley Police or Reading Borough Council together with facilities for viewing upon request, subject to the provisions of the Data Protection Act and GDPR.  Recorded images shall be of such quality as to be able to identify the recorded person in any light.  At least one member of staff on the premises at any time during operating hours shall be trained to access and download material from the CCTV system.

8.       Signage advising customers that CCTV is in use shall be positioned in prominent positions;

9.       All incidents which impact on any of the four licensing objectives shall be recorded in a register kept at the premises for this purpose.  The names of the person recording the incident and those members of staff who deal with any incident shall also be recorded.  Where known, any offenders name shall also be recorded:

          a)       This record shall be available for inspection by a Police Officer      or an authorised officer of Reading Borough Council upon   request and shall be retained for one year

          b)       A weekly review of the incident register shall be carried out by     the Designated Premises Supervisor or a nominated responsible person;

10.     Notices shall be placed at all exits asking customers to respect the needs of local residents and to leave the premises quietly;

11.     Staff shall actively discourage and disperse customers who congregate immediately outside the premises so as to minimise disturbance to local residents.

          Any person who refuses to leave the area and is identified as causing or potentially about to cause antisocial behaviour, will be subject to a ban from the premises.  A record of banned individuals shall be maintained in the premises and all staff made aware of the persons who are currently banned so that entry may be refused.  This record shall be kept available for inspection while the premises are open for trading;

12.     The premises licence holder shall not sell single cans or split packs that are intended to be sold as “multi-packs” of “super strength” beer, lager or cider with an alcohol content of 6.5% ABV (alcohol by volume) or greater, or alcoholic products specifically agreed in writing with the licensing authority.  This restriction shall not apply in respect of specialist branded, premium priced products – for example craft ales, local or microbrewery specialist product, boxed gifts or national celebratory / commemorative beer, lager or cider with an alcohol content of 6.5% ABV or greater;

13.     The premises licence holder shall monitor the area immediately outside of the premises for evidence of customers consuming alcohol in the street that has been purchased on the premises.  Where it reasonably appears to the premises licence holder that a person is attempting to purchase alcohol for consumption in the street near the premises, the sale shall be refused;

14.     A sign shall be displayed at the entrance to the premises stating that the premises has a policy of not selling alcohol to anyone who is believed to intend to consume it on the street in the vicinity of the premises;

15.     All alcoholic products sold from the premises other than wine and spirits, will be marked in a way that can be used to identify that the product has been purchased from the shop;

16.     There shall be no self-service of spirits except for spirit mixtures;

17.     The premises and area immediately outside the premises shall be kept clear of all forms of litter arising from licensable activities at the premises whilst the premises are open for licensable activities.  Adequate waste receptables for use by the customers shall be provided;

18.     The Premises Licence Holder shall have available on the premises, for inspection by an authorised officer of Reading Borough Council or Thames Valley Police at any reasonable time, true copies of invoices, receipts or other records of transactions for all alcohol products purchased in the preceding three months;

19.     Before any person is employed at the premises, sufficient checks will be made of their bona fides to ensure they are legally entitled to employment in the UK.  Such checks shall include:

·       Proof of identity (such as a copy of their passport)

·       Nationality

·       Current immigration status

          Employment checks will be subject to making copies of any relevant documents produced by the employee, which will be retained on the premises and kept for the duration of their employment.  Employment records as they relate to the checking of a person’s right to work will be made available to an authorised officer of Reading Borough Council, Thames Valley Police or Home Office Immigration upon request.