Multiple Cumulative Impact Policies, Appeals and delivery by bike… Standard day for JG&P

07 May

We have this month had two interesting cases and successes for M&S in the London Borough of Islington. Islington have identified 6 areas within their Borough which require a cumulative impact policy (all slightly different in their purpose and content) and further have an overriding cumulative impact policy for the entire Borough relating to off licences. So in both matters we were up against 2 cumulative impact polices. In December we succeeded in having a new licence granted for a premises in Archway however, the Committee imposed a restriction on selling alcohol from 9am (M&S had applied for 8am), following objections from the Police, The Licensing Authority and ward councillors and in line with the Archway Cumulative impact policy framework hours. M&S appealed that decision and we have succeeded in securing an order whereby alcohol can be sold from 8am. This was achieved by challenging the reasons given for the initial decision and narrowing the issues on appeal enabling us to offer conditions which were appropriate to address the concerns of the Local Authority identified in “challenge”.

Just a week before the appeal was determined we appeared before the same Licensing sub-committee for a new licence in the Bunhill Cumulative impact policy. In this case we had already managed to persuade the police and Public Health to withdraw their initial objection to the application. There remained an objection from the Licensing Authority which was not to the licence being granted as an exception to the policy but on the basis that the request to sell alcohol from 8am was in contravention of the framework hours of 10am where off licences were in close proximity to schools. On this occasion the Licensing sub-committee were persuaded at the hearing that the measures put in place by M&S to prevent underage sales and theft were entirely appropriate to promote the relevant licensing objectives and granted the licence from 8am.

Additionally, we continue to assist start up business 8 DOL with their expansion of premises into University City and Towns. 8 DOL are a cloud supermarket where customers download an app and can order shopping via the app with delivery within 28 minutes of placing the order and is delivered by bicycles. The concept comes from China and is principally targeted at students. We had already secured them licences in Bournemouth, despite being in a cumulative impact area and Southampton, before this month appearing before the Oxford City Council Licensing Sub-Committee on a contested new licence for a store in one of Oxford’s Cumulative impact areas. Local residents and local Councillors had objected to the application. A carefully prepared application with appropriate conditions addressing the concerns identified by the Police in a discussion prior to submitting it, persuaded the Committee to grant the application without any additional conditions. The client was delighted that although conditions were offered, none changed the way in which they wanted to operate and were already operated in other location. A 4th licence quickly followed in Portsmouth which went through without any objections. 

Law correct at the date of publication.
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