Hounslow Council


Agenda item

Shell Hammersmith, 372 Goldhawk Road, Hammersmith

Application for the variation of a premises licence

Decision:

LICENSING ACT 2003

 

Section 17

 

Notification of decision following a Licensing Panel hearing to determine an application for a licence under s.17 Licensing Act 2003

 

PREMISES: Shell Hammersmith, 372 Goldhawk Road, Hammersmith

 

 

TO:    Shell UK Oil Products Limited

 

 

TAKE NOTICE:

 

THAT following a hearing before the Licensing and General Purposes Sub

Committee (the Licensing Panel)

 

ON 30 October 2017

 

HOUNSLOW COUNCIL, as the Licensing Authority for the premises

 

RESOLVED:

 

That the application to vary a Premises Licence for Shell Hammersmith, 372 Goldhawk Road, Hammersmith, be GRANTED as applied for.

 

This was an application for the variation of a premises licence in respect of Shell Hammersmith, 372 Goldhawk Road, Hammersmith.  This application was submitted by Shell UK Oil Products Limited. The application was submitted due to a change in the internal layout of the premises licence and proposed the removal of the following conditions, under Annex 2 on the current premises licence:

 

(1)  Checkout/point of sale must be manned at all times

(2)  Litterbins must be provided and the site cleaned daily

(3)  A photographic proof of ID must be required under the Challenge 21 procedure.

The applicant also proposed the addition of the following additional new conditions as outlined in section M of the application:

 

(1)  Spirits (with the exception of spirit mixers and pre-mixed spirit drinks) will be located behind the counter

(2)  Staff will be trained with regard to their responsibilities in the retail sale of alcohol and regular refresher training will also be undertaken.  Training records can be made available for inspection upon reasonable request by the Police or other relevant officers of a responsible authority

(3)  An incident log will be operated and maintained and will be produced for a relevant officer of the Police or other relevant officers of a responsible authority upon request

(4)  A Challenge 25 scheme will be implemented whereby any person who looks to be under the age of 25 will be asked for a recognised photographic proof of age e.g. passport, driving licence and proof of age card with PASS hologram.

(5)  Signs will be clearly displayed on the premises in relation to the Challenge 25 scheme.

(6)  A refusals log will be operated and maintained and will be produced to a relevant officer of the police or other relevant officers of a responsible authority upon request.

The objector was not in attendance at the Panel hearing.  However, the written representations of the objector were taken into account by the Panel in reaching its decision.  The applicant was represented by Counsel, Mr Charles Streeten who addressed each point raised by the objector in his representations.  Mr Streeten confirmed that the reason for this application was for the variation of the layout and also for the conditions to be updated to be in line with all Shell sites.  Mr Streeten submitted that there had been no objections from the Responsible Authorities.  In relation to the Protection of Children from Harm, Mr Streeten submitted that the allegations were unparticularised and that they didn’t relate to the premises.  He also submitted that every application should be dealt with on a case by case basis pursuant to the Council’s own licensing policy.  He also submitted that the condition proposed by the applicant in relation to the Challenge 25 was actually better than the status quo and would actually promote this licensing objective further.  In relation to public safety, Mr Streeten again pointed out the lack of particularisation.  In relation to public nuisance, it was noted that there had not been any objection from environmental health.  He submitted that Shell did not want to be associated with nuisance and that there had been no complaint nor was there any evidence before the Panel.  Mr Streeten also submitted that the variation of the layout would not have a detrimental effect on crime and disorder.

 

Having considered the written representations of the objector and the written and oral representations of the applicant, the Panel discussed the matter and decided to grant the application in full and on the terms and conditions contained within the application to include any applicable mandatory conditions.  The Panel decided to remove the following conditions from the current premises licence:

 

(1)  Checkout/point of sale must be manned at all times

(2)  Litterbins must be provided and the site cleaned daily

(3)  A photographic proof of ID must be required under the Challenge 21 procedure.

Furthermore, the Panel decided that the additional new conditions as outlined in Section M of the application were also to be imposed and added as conditions to the licence.

 

The Panel felt that the application as granted was in the promotion of the licensing objectives.  The Panel felt that the representations made on behalf of the applicant were comprehensive and sufficiently addressed the concerns that were highlighted in the objection.  The Panel felt that the applicant’s representative was able to allay the concerns of the Panel and were of the view that the licensing objectives would be robustly promoted.

 

Right of Appeal:

 

Any party aggrieved with the decision of the Panel has a right of appeal to the Magistrates Court within 21 days from notification of the written decision.

 

 

 

Supporting documents: