GoPuff – outcome of licensing hearing

Licensing Sub-Committee’s decision

I am sure that you will all recall the application made in April for a premises licence for GoPuff at 176 Aldersgate Street. By way of reminder the application stated that it was “to facilitate a grocery service that requires the Sale by Retail of Alcohol off sales Monday to Sunday 00:00 to 00:00 and on sales Monday to Sunday 08:00 to 23:00 …”. To confirm these intentions, in answer to the question “Will the supply of alcohol be for consumption on or off the premises the answer “Both” was given by the applicant.

Many objections to the application were submitted on the grounds of the Prevention of Public Nuisance and a Licensing Sub-Committee Hearing was held on 18th May 2022 at which a good number of objectors made personal representations. .

No delivery of alcohol allowed

The Sub Committee concluded that it was necessary and appropriate to impose conditions upon the licence so as to address the concerns relating to enforcement of the licensing objectives in general and the promotion of public safety and the promotion of prevention of public nuisance. Hence it ruled that there was to be no delivery of alcohol from the premises at any time and that customers would be required to collect any alcohol purchase from within the premises. In other words, alcohol can only be sold to customers on the premises between the hours of 8am to 11pm 7 days a week.  

Planning permission now required

Re the delivery of other goods, and the times permitted for those deliveries, this will now be a planning decision. A planning officer has confirmed that “It is the view of the Planning Division that the proposed use of the premises as outlined by GoPuff in their premises licence application, would primarily fall within Class B8 (Storage & Distribution) of the Town and Country Planning (Use Classes) Order 1987 (As Amended) albeit with an ancillary public counter. Such use would constitute a ‘material change of use’ requiring planning permission. Should an application for planning permission come forward, planning can consider all aspects of the proposed use including servicing, hours of operation and potential impacts on the amenity of adjoining and nearby residential neighbours”.

So we now have to wait to see what GoPuff’s response to the Hearing’s decision will be and whether a planning application for change of use will be submitted.

But transfer of licence made

But it is not just as simple as that. We have been informed that the premises already had a suspended licence from the previous occupier) and it is open to any new occupiers to transfer this licence to their business. The licence has therefore now been transferred to GoPuff and it can therefore be used by them. The old licence DOES NOT prohibit deliveries and permits them up to midnight Thursday to Saturday and 23:00 the rest of the week.

So we now just have to wait to see how the situation develops.