as- lambeth licensing & night

AS- Lambeth Licensing & Night Time Economy Team

Civic Centre, 3rd Floor, 6 Brixton Hill,

SW2 1EG

10th February 2021

Contact: PC Mike Constable

Miss Bina Patel Licensing Manager Lambeth Borough Council

RE: Variation, Clapham Kebab House, 17 Clapham High Street, SW4

Dear Miss Bina Patel.

I write on behalf of the Commissioner of police for the Metropolis to make a representation on the grounds of the following Licensing Objectives;

• The prevention of crime & disorder.• Public Safety.• The prevention of public nuisance.• The protection of children from harm.

The applicant has requested the following:

Supply of alcohol

Sunday to Wednesday 2pm to 1am

Thursday 2pm to 2am

Friday & Saturday 2pm 3am

Off sales only. Location

This application is located within Clapham (this is defined as a district centre), and is referenced in London Borough of Lambeth’s Statement of Licensing Policy 2019 – 2024 appendix 7 refers.

This premises is located within a Cumulative Impact Zone (CIZ) as referenced in the policy, section 13 refers.

This is near Clapham North Underground Station.

Annex C

Statement of Licensing Policy & Application.

I would like to notify the committee the expectation for applicants as per the policy: 1.9 Each new licence application or an application for a variation of an existing licence will be considered on its own merits. This means that decisions will take into account the specific details in each case, including the proposed venue and the way it will operate, or proposed changes to an existing venue and/or its operation, as well as the context in which it operates. 5.2. Therefore, how applicants communicate the promotion of the licensing objectives in their operating schedule and application is essential for the full consideration of the application by the Authority. 5.3. Providing a full and detailed operating schedule as part of the application will make it clearer as to how the applicant will promote the licensing objectives. Applicants are expected to: demonstrate knowledge of the local area when describing the steps they propose to take in order to promote the licensing objectives; undertake enquiries about the area in which the premises are situated to inform the content of the application; obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand: a) the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate; b) any risks posed to the local area by the applicants’ proposed licensable activities; c) any local initiatives (for example, local crime reduction initiatives or voluntary schemes including local taxi-marshalling schemes, street pastors and other schemes) they propose to put in place which might help to mitigate any potential risks. 5.5. Demonstrated knowledge about the locality will assist applicants when determining the steps that are appropriate for the promotion of the licensing objectives. For example, premises within close proximity to residential premises should consider how this will impact upon their smoking, noise management and dispersal policies, to ensure the promotion of the public nuisance objective. Applicants must consider all factors which may be relevant to the promotion of the licensing objectives, and where there are no known concerns, to acknowledge this in their application. 5.7. It is also expected that applicants will canvass the views of their neighbours and local residents as this can clear up any ambiguities and develop a relationship based on mutual cooperation before an application is made. This may be facilitated by making direct contact with neighbours and any local group that represents residents or businesses. This will also assist the applicant by giving an understanding at the outset of what the community believe is acceptable in their area. 6.1. Two general principles have been identified which are noted throughout the Statement of Licensing Policy and are outlined here clearly as general principles that will be taken into consideration for all licensing applications.

All licensing applications are expected to show: a). That applicants have a clear understanding of the locality in which they are operating or intending to operate and that this has been taken into account in the application, any voluntary conditions proposed and for these to be set out clearly within the operating schedule. It is noted that alcohol sales are for deliveries only, and the fact there is no ‘walk ins’. The fact there are no conditions proposed is of concern. There are still potential problems that could arise. Leading to questions and not answers.

Cumulative Impact Zone I would like to remind the committee with regards to this: The Queen on the application of Westminster City Council v Middlesex Crown Court [2002] EWHC 1104 (Admin) (“Chorion”) High Court approval of cumulative impact policies came in the Chorion litigation the language of the Crown Court judge (as summarised by the High Court) is instructive:

“The first question was whether, notwithstanding the applicant was a fit and proper person and the premises would be well managed, a … licence could be refused on the sole ground that the area was already saturated with licensed premises… and that the cumulative effect of the existing premises was impacting adversely on the area to an unacceptable degree. The answer to this [is] ‘yes’.”

Night Time Economy Clapham High Street is within this cumulative impact zone and (at time of writing) there are a total of 45 licensed premises in the High Street alone. Clapham has a renowned night time economy as a result it suffers from high intoxication levels. This has led to alcohol related crime taking place. Ranging from sexual assaults, violence against the person, thefts, robberies, etc The Metropolitan Police have Operation Equinox running, which is a Police led operation in which officers conduct high visibility patrols across London. Police officers are engaging with night-time economy users and premises management in a drive to reduce the number of people being put at risk harm. This is to reduce the violence with injuries directly related to alcohol. An increase in hours in alcohol will potentially strain Police resources, and most likely Ambulance Services as well. We are all aware of the increase in violence within London, and the Metropolitan Police Service have recently announced the Violence Suppression Unit to combat this.

These figures are taken from Institute of Alcohol Studies. Whilst it is acknowledged that the study is not specific to Clapham High Street, it does illustrate the issues we have and are still worth consideration:

• In 2013/14, just over half of all violent crime victims believed their attacker to be under the influence of alcohol (= approx. 704,000 incidents). 6

• 76% of police have received an injury through dealing with drunken members of the public, with 65% injured on multiple occasions. 10

• 22% of police report having been injured five or more times by drunken people

whilst on duty; 41% report having being sexually harassed or assaulted by drunken people whilst on duty. 10

• The Government estimates that alcohol-related crime and social disorder costs

England £11bn per year (at 2010/11 prices). 11

• The specific cost of binge drinking on police arrests has been estimated at £0.94 billion; binge drinking has increased the average number of alcohol-related arrests by 45% (= 786 additional arrests per day nationally). 12

• The number of officers on duty must be increased by around 30% at weekends as

a direct result of binge drinking, carrying an estimated cost of £31 million. 12

• Police and the justice system spend £1.7bn every year responding to alcohol-related crime. 13

• Alcohol licensing has cost local authorities approx. £183 million in the 10 years

since the Act was introduced (= £1.5 million of taxpayers’ money per month). 14 The full report can be read here: http://www.ias.org.uk/uploads/Alcohols impact on emergency services full report.pdf

Crime Overview I would also like to bring your attached to the attached supporting document - Clapham CIZ Crime Analysis Pattern. Behind these statistics are victims. It is very easy to look at reports and just see numbers, this is not the case. Alcohol undoubtedly affects people’s reactions and inhibitions, this can and does lead to situations in which Police assistance is required. In which this report clearly illustrates our concerns.

Conclusion

• Clapham High Street is saturated. The cumulative impact of licensed premises in the area is having a negative effect. One which the residents should not have to put up with, nor should emergency services & stakeholders.

• Could very easily encourage pre-loading, or fuel more alcohol consumption in

early hours of the morning.

• Nothing in place to prevent any underage sales.

• Nothing in place with regards to noise nuisance management (residents are nearby).

• Application submitted does not address how they will not have a negative impact to Clapham High Street. There are no conditions proposed at all.

• Consideration has been taken with regards to the impact Covid 19 has impacted

the premises as a business, however the increase of alcohol consumption will not help matters for the area (as mentioned).

It is recommended that this is not granted. This is deemed appropriate to the premises and in the spirit of the Licensing Act 2003. Yours sincerely, Mike Constable | PC 1596AS - Licensing & Night Time Economy Team | Address Civic Centre, 3rd Floor, 6 Brixton Hill, SW2 1EG 6. Office for National Statistics (2015), ONS Nature of Crime Tables, 2013-14 – Violence, Table 3.11. 10. IAS Police Service Survey results (4,022 participants) available at http://www.ias.org.uk/What-we-do/IAS-reports.aspx 11. House of Commons Health Committee, Government’s Alcohol Strategy (HC 132, 2012-13), Written evidence from the Department of Health (GAS 01). 12. James, J. & Francesconi, M. (2015), The cost of binge drinking in the UK. Bath: Institute for Policy Research, University of Bath. 13. Leontaridi, R. (2003) Alcohol misuse: how much does it cost?. London: United Kingdom Cabinet Office, p. 59 14. Local Government Association (2015), LGA responds to Government decision to reject locally-set licensing fees [Press release]. [Available: http://www.local.gov.uk/web/guest/media-releases/- /journal_content/56/10180/7048782/NEWS#sthash.BVcZZjIX.dpuf ] [Accessed 13 October 2015].

LAMBETH – CLAPHAM CIZCRIME PATTERN ANALYSIS

Intelligence & Improvement ServicePublic Protection, Assurance & Regulatory Services

London Borough of Lambeth

PPARS Intelligence & Improvement Service

Report Covering Time Period: 01/01/2019 – 31/12/2020Requesting Officer: PC Mike CONSTABLECreated by: Tristan WALKER (Intelligence Analyst PPARS)Signed off by: Tristan WALKER (Intelligence Analyst PPARS)Version number: 1Original Version Date: 01/02/2021Latest Version Date: 01/02/2021Disseminated to: PC Mike Constable, PC Dave Watson, PS Adam Berry, Trevor Virtue,

Rob Harper, Sean Biggart, Patrick WhiteNIM Level: 1 – Local LevelGovernment Security Classification: N/A

LAMBETH – CLAPHAM CIZ CRIME PATTERN ANALYSIS


CLAPHAM CIZ (Cumulative Impact Zone)

• Within the last 6 months (01/07/2020 to 31/12/2020), there have been 1,156 calls attended by Police



2019 2020 TOTALAssault with Injury

ABH 131 94 228ABH on Constable 9 0 9Common Assault 67 65 135Assault on Emergency Worker 0 1 2Racially/religious Agg Assault 2 1 1

Other Violence

Administering Poison to Injure 1 0 1Arrange travel with view to exploit

1 0 1

Hold person in slavery/servitude

1 0 1

Making Threats to Kill 2 0 2Serious Wounding

GBH/Serious Wounding 15 7 22GBH/Serious Wounding on Constable

1 0 1

Offensive Weapon

Having Blade or Point in Public 3 3 6Possession of Offensive Weapon

7 2 9

Firearm / Noxious Liquid Offences

Possess Prohibited Weapons 4 0 5Possess Weaps Noxious Liquid 1 0 1

TOTAL VIOLENCE OFFENCES

279 209 486

MON TUE WED THU FRI SAT SUN Total0000-0100 1.00 1.00 0.22 0.00 1.00 8.50 6.40 18.110100-0200 2.00 1.00 1.22 0.00 0.00 4.00 11.32 19.540200-0300 2.33 1.50 2.22 1.00 2.00 4.00 13.82 26.870300-0400 3.33 2.50 0.22 0.00 3.00 12.00 12.99 34.040400-0500 1.33 2.00 0.22 1.00 0.00 4.00 6.99 15.540500-0600 0.00 0.00 1.05 0.50 1.00 0.00 3.09 5.640600-0700 0.00 0.00 0.05 0.50 0.00 1.00 0.09 1.640700-0800 0.00 0.00 0.05 0.00 0.00 1.00 1.09 2.140800-0900 1.00 0.00 1.05 0.00 0.00 0.00 0.00 2.050900-1000 0.50 1.00 0.05 1.00 1.00 1.00 0.00 4.551000-1100 0.50 1.00 0.05 1.00 0.00 1.00 2.00 5.551100-1200 1.00 0.00 2.05 0.00 0.00 0.07 1.00 4.121200-1300 1.00 0.00 0.05 1.00 1.08 0.07 0.00 3.201300-1400 3.00 3.50 0.05 0.00 1.08 2.07 1.00 10.701400-1500 1.00 0.50 1.05 1.00 1.08 0.07 0.00 4.701500-1600 0.25 2.00 1.55 1.00 0.08 1.07 0.00 5.951600-1700 1.25 1.00 1.55 2.00 0.08 1.07 1.00 7.951700-1800 0.25 2.00 0.05 3.00 0.08 0.07 2.00 7.451800-1900 0.25 1.00 1.00 1.00 2.08 2.07 1.00 8.401900-2000 1.00 1.00 0.50 1.00 0.08 1.57 1.00 6.152000-2100 2.00 2.00 0.50 1.00 3.08 1.07 1.00 10.652100-2200 2.00 1.00 1.50 2.00 2.08 2.66 2.00 13.252200-2300 0.00 1.05 1.50 0.00 1.08 0.66 0.00 4.302300-0000 1.00 0.22 0.00 1.00 1.58 8.66 1.00 13.46

Total 26.00 25.27 17.73 19.00 21.50 57.70 68.80 236.00

Highest riskModerately high riskModerate riskModerately low riskLowest risk

TIME OF DAY ANALYSIS – VIOLENCE AND WEAPON OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

0.00

10.00

20.00

30.00

40.00

50.00

60.00

70.00

80.00

DAY BY DAY - 2019

• Violence Offences were significantly higher in 2019 than 2020, likely owing in part to Licensed premises largely being closed through a large part of 2020.

• In 2019, the spike in Violence and Weapon offences in Clapham CIZ was overwhelmingly on Friday and Saturday nights. 53% of all of these offences took place within Friday and Saturday NTE.

Data measured from 01/01/2019 to 31/12/2019 unless specified



2019 2020 TOTALDrug Possession

Possession of Cannabis 27 29 58Possession of Class a -Cocaine

6 5 11

Possession of Class a - Heroin 1 0 1Possession of Class B Amphetamine

0 1 1

Possession of Crack 1 0 1Possession of Other Class a 1 1 2

Drug Trafficking

Poss. Crack with Intent to Supply

0 1 1

Possess W/Intent Class a Cocaine

3 2 5

Possess W/Intent Other Class a

1 1 2

Possession W/Intent Cannabis 3 1 4Production Of Cannabis 0 1 1Production of Class a - Cocaine 1 0 1Supply of Class a - Cocaine 0 1 1Supply of Class a - Mdma etc 0 1 1Supply of Unspecified Drug 0 6 6Supply/Offer to Supply Cannabis

1 1 2

TOTAL DRUG OFFENCES 35 51 86


Total 0.00 0.00 4.00 3.00 6.00 16.00 9.00 38.00


TIME OF DAY ANALYSIS – DRUG OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

0.00

2.00

4.00

6.00

8.00

10.00

12.00

14.00

16.00

18.00

DAY BY DAY - 2019

• Drug Offences are Police-generated offences. The number of drug offences recorded is a fraction of the offences that are believed to take place.

• In 2019, drug offences were recorded overwhelmingly in the early hours of Saturday morning. 66% of drug offences were recorded to take place on Friday and Saturday NTE.




2019 2020 TOTALCriminal Damage

Criminal Damage 37 19 57

Public Order Public Order Offence S4 Poa 86

12 9 21

Public Order Offence S4A Poa 86

16 12 28

Public Order Offence S5 Poa 86

1 4 5

Violent Disorder

Affray 15 10 25

Sexual Offences

Other Sexual Offences 17 8 25Rape 3 4 7


Total 14.72 8.53 8.47 11.06 16.10 26.94 28.18 114.00


TIME OF DAY ANALYSIS – DISORDER AND SEXUAL OFFENCES 2019 RECORDED OFFENCES – 2019 + 2020

0.00

5.00

10.00

15.00

20.00

25.00

30.00

DAY BY DAY - 2019

• Disorder-related and Sexual Offences were significantly higher in 2019 than 2020. These offences are not inherently associated with NTEcriminal behaviour, however we can see from the temporal analysis that they overwhelmingly took place in the early hours of Saturday andSunday morning in 2019.

• This temporal analysis shows the correlation between Clapham NTE operating and Criminal Damage, Public Order, Violent Disorder andSerious Sexual Offences taking place.




2019 2020 TOTAL

Theft Theft Not Classified Elsewhere

662 281 943

Theft From The Person of Another

40 14 54

Robbery Racial Incident 6 5 11

Assault W/I Rob Personal Property

1 2 3

Robbery of Personal Property 65 37 102

TOTAL THEFT AND ROBBERY OFFENCES

774 339 1113


Total 52.21 43.29 32.63 46.50 97.66 213.47 284.25 770.00


TIME OF DAY ANALYSIS – THEFT & ROBBERY OFFENCES - 2019 RECORDED OFFENCES – 2019 + 2020

0.00

50.00

100.00

150.00

200.00

250.00

300.00

DAY BY DAY - 2019

• Theft and Robbery Offences make up 49.5% of all crimes that took place in Clapham CIZ in 2019. There are an alarmingly high proportion of Robbery offences in particular making up 7% of all offences in Clapham CIZ, in comparison to 3% of all crimes across the rest of the Borough.

• This temporal analysis shows a strong correlation between Theft and Robbery Offences taking place and the Clapham NTE on Friday and Saturday. 37% of all Theft and Robbery Offences in Clapham CIZ happen in five (5) hours between 23:00 on Friday night and 04:00 on Saturday morning.



CONTACT PPARS INTELLIGENCE & IMPROVEMENT SERVICE

mailto:[email protected]

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From:To:Cc: Ola Owojori; LicensingSubject: RE: 17 Clapham high street London sw4 7ts Clapham kebabDate: 21 February 2021 07:33:10

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe.

Good morning. Apologies for the delay I have had some pressing matters to deal with. I have read your email and still have my concerns. I would suggest you read the policy here: https://beta.lambeth.gov.uk/business-rates-services-and-licensing/licensing-and-permits/licensing-policy I am fully aware of the amount of licensed premises, and have numerous years’ experience ofthe area. The area is already saturated with premises selling alcohol, that is why Clapham has aCumulative Impact Zone in place. The expectation is for you or any applicant to proof that itwon’t be a negative impact, but merely saying it won’t be a negative impact is not sufficientunfortunately. I fully appreciate your business is struggling, however as a responsible authority I have to look atthe wider impact. Kind regards, Mike Constable | MPS Central South BOCUNeighbourhoods Policing- Partnership & Prevention

Lambeth Licensing & Night Time Economy

Mobile Team Email Address Civic Centre, 3rd Floor, 6 Brixton Hill, SW2 1EG

From: izzet sasmaz Sent: 19 February 2021 13:52

To: Constable Mike - Subject: 17 Clapham high street London sw4 7ts Clapham kebab

Dear Mike constable PC159 6AS Licenses and Night time economic team I have received a copy of your representation from the police against my application and Ihave read through your concerns and I would like to assure you on them I’ve explained inthis email on how we at Clapham Kebab will and carry out these concerns I have written indetail on them and if you still are not clear please get in contact and I can help you more inyour enquiries Concern 1 Impact of licensing premises in the area forResidence and emergency services I don’t see any impact on the residents and the emergency services of the Clapham area.As you already know there is already bars and pubs in the area selling to the public we atClapham would not be selling to the public directly we would not be serving to walk incustomers we are not going to place any alcohol to the menu inside the shop or display onview strictly only for sale online strictly no walkins allowed to be served alcohol. Wewould not want to deal with customers face-to-face for the sale of alcohol this is how wewill deal with this concern so there will be no members of the public buying alcohol fromus directly unless it’s online only delivered to the home or workplace through Uber eatsand Deliveroo platforms and they are the only delivery Service we will be use Concern 2 Pre-loading or fuel more alcohol consumption early hours We are only open for certain times of the day and will be serving food with alcohol Uberand delivery platforms have on their apps where we can limit the amount A person canorder so they don’t order too much for that order we will always tell the customer to drinkresponsibly and to take care when children are present we don’t want to serve alcohol 24hours like some off-licence already operating in the area There is a 30% commissioncharge plus VAT on all our deliveries when we use Uber and Deliveroo to do ourdeliveries so I will be marking my prices quite high to stop pre-loading Concern 3 Nothing in place to prevent any under age sale When a customer orders from Uber or Deliveroo and they are buying alcohol Ubereats andDeliveroo will asked for the ID and check before they can order any alcohol they have thisin place already and the customer will have to upload the ID so no one under agecustomers can access the alcohol this is their policy and it’s already very efficient

Concern 4 Nothing in place to prevent any noise nuisance management The shop is located on the High Street where there is a bus stop directly in front of theshop and the underground station is to the right and the railway station is to the left andthere is a railway bridgeIt is already constantly busy from traffic and the drivers most ofthem use bicycles to do the delivery as you know the council has blocked of some of theroads to motor vehicles in the area so the roads are not accessible by motor-vehiclebecause of this most of the delivery partners are using bicycles to do the delivery and verylittle cars and mopeds Are used to deliver the orders noise will be minimum it will not beany louder than it already is Concern 5 How will we have a negative impact to the High Street There will be no negative impact to the High Street as we have mentioned that we willonly be delivering to homes or workplaces where they can enjoy their drink with the foodthey ordered from us Concern 6 Because of the current situation the business is not doing the business before we was doingWe can’t serve customers after 10 pm and only allowed to serve two at a time before thatthis would help a lot to keep the business going in these times and also this will help thesituation where the customer will stay home and order delivery and this way they can stayhome and help NHS as they are already doing a wonderful job looking after the sick Godbless our NHS I hope this has helped you and your concerns and hope it will help help you with yourdecision Thanks for your time Izzet Sasmaz

Sent from my iPhoneNOTICE - This email and any attachments are solely for the intended recipient and may beconfidential. If you have received this email in error, please notify the sender and delete itfrom your system. Do not use, copy or disclose the information contained in this email orin any attachment without the permission of the sender. Metropolitan Police Service(MPS) communication systems are monitored to the extent permitted by law and any emailand/or attachments may be read by monitoring staff. Only specified personnel areauthorised to conclude binding agreements on behalf of the MPS by email and noresponsibility is accepted for unauthorised agreements reached with other personnel. Whilereasonable precautions have been taken to ensure no viruses are present in this email, itssecurity and that of any attachments cannot be guaranteed.

Clapham Kebab House 17 Clapham High Street London SW4 7TS (21/00001/PRMNEW) As a responsible authority under section 13(4) of the Licensing Act 2003 as amended under the Police and Social Responsibility Act 2011, the Licensing Authority have considered your application in full. The Licensing Authority has concerns in relation to this application and how the premises would promote the following Licensing Objectives:

• Public Nuisance • Prevention of Crime & Disorder • Protection of Children from Harm The premises are seeking to permit the following licensable activities and operational hours: Sale of Alcohol (Off Sales) Sunday - Wednesday 14:00 – 01:00 Thursday 14:00 – 02:00 Friday and Saturday 14:00 – 03:00 Hours of opening (Not to the public) Sunday - Wednesday 12:00 – 01:00 Thursday 12:00 – 02:00 Friday and Saturday 12:00 – 03:00 The applicant has indicated within the application that the sale of alcohol shall be for online deliveries only and not to be displayed or sold to patrons at the premises. Cumulative Impact Area (Saturation Zone) The premises are within the cumulative impact area zone as identified within the Council’s Statement of Licensing Policy (‘The Policy’) on pages 26 and 58. In accordance with the council’s statement of Licensing Policy, the premises falls within the area designated as an area of special interest in Clapham which means that applicants for premises falling within that zone must proof conclusively in their operational schedule why their application for a premises licence should be granted and it is therefore important that applicants show that they have properly considered the impact on the locality of their application. The policy creates a rebuttable presumption that any new applications for premises licenses or club premises certificates, along with any major variations that could impact negatively on the licensing objectives will be refused, unless the applicant can demonstrate that there will be no negative impact on any of the licensing objectives. Classification of Area within the policy According to the current Licensing Policy, Appendix 7 page 51, the area in which the premises are located is in a District Centre, which have have traditionally provided convenience goods and services for local customers. They typically range in size from 10,000m2 to 50,000m2 and contain at least one food supermarket or superstore and non-retail services. We very much see these as places where the night time economy does have a role, alongside other daytime shopping and other places of employment. Whilst not as big as our town centres they are generally well served by public transport and connected in numerous directions. The key areas of concern for these areas is that whilst there might be very little residential

property in the immediate area, a short walk will lead into highly residential streets and the potential for public nuisance in the form of noise, litter from late night eateries and the targeting of individuals by criminals is high. History of the Premises The premises are operated as a takeaway and are currently licensed for the provision of late night refreshment until 01:00 hours on Sunday to Thursday and 03:00 hours on Friday and Saturday. Operational Schedule There is inadequate information in their operating schedule to promote the licensing objectives. The completion of a full and detailed operating schedule will give greater confidence that the applicant seeks to make a positive contribution and is demonstrating a commitment to both those living in the vicinity and the licensing objectives. Applicants are expected to:

• demonstrate knowledge of the local area when describing the steps they propose to take to promote the licensing objectives; • to undertake enquiries about the area in which the premises are situated to inform the content of the application; • to obtain sufficient information to enable them to demonstrate, when setting out the steps they propose to take to promote the licensing objectives, that they understand: • the layout of the local area and physical environment including crime and disorder hotspots, proximity to residential premises and proximity to areas where children may congregate; • any risk posed to the local area by the applicants’ proposed licensable activities; • any local initiatives for example, local crime reduction initiatives which may help to mitigate potential risks.

Applicants are expected to include positive proposals in their application as to how they will manage any potential risks. They should be able to demonstrate an understanding of any measures they will take to mitigate the impact and why their application should be considered as an exception to the policy. The Authority expects existing authorisation holders to be able to demonstrate the measures they use or propose to adopt, to prevent and actively discourage the sale of alcohol to individuals who are already intoxicated and thus potentially pose a risk to themselves and others. Classification of Premises within the policy The premises are seeking sale of alcohol for consumption off the premises, but the premises are not likely to be associated with street drinking or be targeted by underage drinkers, as sale of alcohol are to be made via online platforms and not sold to customers at the premises.

According to the current Licensing Policy, page 36, the Authority expects licence applications for delivery services that include the delivery of alcohol to take into account issues relating to reducing public nuisance related to delivery vehicles, ensuring the security of premises and delivery drivers, and protecting children by applying rigorous age checks at purchase point and at point of delivery. These types of services are not provided for in the Licensing Act 2003 in any way differently from other licensed premises they do provide their own unique circumstances that need to be addressed. In particular the Authority has concerns with the potential for the following: • Age verification at both purchase point and delivery point;

• The safety of delivery drivers at point of delivery;

• Safety of the premises from which orders are taken and sent out for delivery; and

• Possible public nuisance caused by delivery drivers collecting deliveries from the licensed premises.

The Authority is likely to place the following conditions on to a premises license for delivery services where it is appropriate and relevant to the individual license application:

• A standard age verification check shall be undertaken on entering the website. • A signature at the point of delivery must be obtained from a person above the age of

18 with appropriate age verification identification. No delivery shall be left without a signature.

• Alcohol shall only be delivered to a residential or business address and may not be delivered to a public place.

• Every third-party courier delivery box shall be labelled with the words “Age Restricted Product”.

• Any delivery driver or third-party courier will be required to have appropriate age verification training, and in particular they will be required to have undergone training in refusal of supply where age verification is not provided, or the recipient is clearly intoxicated.

• A refusals log will be maintained for deliveries and available for inspection on request.

• Appropriate security will be in place at the premises as agreed with Police.

• Measures for minimising noise and disturbance caused by the dispatch of deliveries to be identified in the operating schedule.

• Website and all promotional material should be designed and set out in a way which is consistent with the responsible retail of alcohol.

• The Authority would expect operators to have systems in place to ensure alcohol is not delivered to problematic house parties or to people who appear drunk and, in such instances, alcohol should be refused, and that refusal recorded.

According to the current Licensing Policy, Appendix 1 page 46, there is no recommended hours in the policy for this kind of business, but the recommended hours for an off licence in the area is 11:00am to Midnight on Monday to Sunday.

Conclusion The hours in the application are beyond those recommended in the Licensing Policy, but the premises are likely to be trading during these hours as a takeaway except on Thursday. The premises are located in the Cumulative Impact Zone and the policy creates a rebuttable presumption that applications for new licences and variations for longer hours will be refused providing a relevant representation has been received. There is inadequate information in the application to promote the licensing objectives and the grant of the application as sought will impact negatively on the area without appropriate conditions. However, should the Committee be minded to grant the application, I will recommend policy hours which are until 00:00 hours on Monday to Sunday. It is not likely that the premises will add to an increase in street drinking and underage drinkers in the area, should the conditions below be attached to promote the licensing objectives.

1. Alcohol shall not be displayed or advertised at the premises.

2. All sales of alcohol order shall be made via online platforms for delivery only and must

be paid for by debit or credit card. 3. An alcohol verification sticker shall be applied to the delivery package so that alcohol

can be easily retrieved by the delivery person to prevent an illegal sale. 4. Details of the order (including the type, amount of alcohol, name, and address of the

customer) must be included with the order. 5. The details shall be shown on the printout receipt dispatched with the order. All delivery

drivers and riders must allow any Police Constable or Local Authority Officer to inspect any alcohol or order details on request.

7. The premises licence holder shall provide a closed-circuit television system (CCTV) at

the premises. The CCTV system installed shall be maintained in effective working order and shall be in operation during licensing hours. All recordings made by the CCTV system shall be retained and stored in a suitable and secure manner for a minimum of 31 days. The licence holder shall notify the Licensing Authority within 24 hours when they become aware that the CCTV system is not functioning correctly.

8. Alcohol deliveries shall only be made to business and/or private residences and not to

any public/open spaces. 9. A 'Challenge 25' Policy shall be in force at the point of delivery of the alcohol. No

delivery shall be made if the person seeking to accept delivery appears under 25 and is unable to provide proof of age. Examples of appropriate ID include a passport; photographic driving licence; military ID; biometric residents permit and the Proof of Age Standards Scheme (PASS) approved age cards.

10. All staff that sale or supply of alcohol shall receive appropriate training in relation to

undertaking appropriate age checks, drunkenness and proxy sales, before being allowed to sell or supply any alcohol.

11. Staff training records shall be available for inspection by authorised officers of the

licensing authority, officers of the trading standards service, and officers of the Police.

12. The business will have a noise management policy to ensure that there are appropriate measures in place for minimising noise and disturbance caused by the despatch of deliveries and the deliveries themselves.

13. Website and all promotional material should be designed and set out in a way which is

consistent with the responsible retail of alcohol. 14. The operators shall have a system in place to ensure that alcohol is not delivered to

problematic house parties or to people who appear drunk and, in such instances, alcohol shall be refused, and the refusal shall be recorded'.

15. To minimise disturbance to local residents after 22:00 hours when a delivery is made

utilising a vehicle then only electric or non-motorised vehicles will be used, except in the event of an emergency and breakdown. The operators to keep a record any such event and make this available for inspection by authorised officers of the licensing authority.

16. A refusals log will be maintained for deliveries, and available for inspection on request.

17. The licensee shall use their best endeavors to ensure that delivery drivers do not congregate in the vicinity of the premises, obstruct the highway or cause noise or other nuisance outside the premises.

The applicant is asked to consider their agreement to the above conditions to be added to the licence if granted, to promote the licensable objectives. Upon receipt of further information from the applicant and agreement to the conditions proposed, the authority may consider withdrawing its representation. Pamela Riley Licensing Officer 10th February 2021

From:To: Ola OwojoriSubject: Re: Licensing Rep - Clapham Kebab 17 Clapham High St.pdfDate: 25 February 2021 13:11:57

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe.

Hi ola I don’t mind the hours too be Reduced to midnight for the weekdays but i need tohave the weekend trade if that’s ok with you that’s are busy times and only online deliveryall the time no sell to customers at the shop

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On 25 Feb 2021, at 12:12, Ola Owojori <[email protected]> wrote:

Dear Izzet, The conditions includes recommendation that the hours should be reduced tomidnight, can you confirm this is agreed as well. RegardsOla

From: izzet sasmaz Sent: 25 February 2021 01:09To: Licensing <[email protected]>Subject: Fwd: Licensing Rep - Clapham Kebab 17 Clapham High St.pdf CAUTION: This email originated from outside of the organization. Do not click links or openattachments unless you recognize the sender and know the content is safe.

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Begin forwarded message:

From: izzet sasmaz < >Date: 24 February 2021 at 13:46:59 GMTTo: Pam Riley Lambeth Licensing <[email protected]>Subject: Licensing Rep - Clapham Kebab 17 Clapham High St.pdf

I agree to the above conditions to be added to my license if granted

that is exactly how I wanted it anyway all the conditions are fine byme I will not be selling to the public walking or in the shop only foronly online sales through Uber eats and Deliveroo Yours fatefullyIzzet Sasmaz

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