App No |
Ward / Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
2. |
Westbourne Ward / not in Cumulative Impact Area |
Mega Food, 330 Harrow Road, London, W9 2HP |
New Premises Licence |
18/06172/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 4
Thursday 2nd August 2018
Membership: Councillor Karen Scarborough (Chairman), Councillor Louise Hyams and Councillor Rita Begum
Legal Adviser: Barry Panto
Committee Officer: Tristan Fieldsend
Presenting Officer: Heidi Lawrance
Relevant Representations: Metropolitan Police and one local resident.
Present: Ms Anusha Anwari and Mr Munir Anwari (Representing the Applicant) and PC Sandy Russell (Metropolitan Police)
Mega Food, 330 Harrow Road, London, W9 2HP (“The Premises”) 18/06172/LIPN
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1. |
Late Night Refreshment - Indoors
Monday to Sunday: 23:00 to 01:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Mega Foods Ltd for a new premises licence in respect of Mega Food, 330 Harrow Road, London, W9 2HP.
The Licensing Officer introduced the application to the Sub-Committee and confirmed that the premises had previously been licensed; however, the corporate licence holder had been dissolved on 12 January 2016. The Licensing Authority had not been aware of this and the licence holder had continued to pay the annual licensing fees. In May 2018 the Licensing Authority became aware that the company had been dissolved and notified the company that was operating the premises that the licence had therefore lapsed. That company had subsequently submitted the new application that was before the Sub-Committee. The Licensing Officer confirmed that Environmental Health (EH) had withdrawn their representation following the agreement of conditions with the applicant.
Ms Anwari, representing the applicant, explained that the premises was a family run business which was seeking permission to provide late night refreshment from 23:00 to 01:00 Monday to Sunday. Ms Anwari confirmed that the applicant was aware that the premises had previously been licenced but this had lapsed as the corporate licence holder had been dissolved in January 2016.
PC Russell, representing the Metropolitan Police, confirmed that the applicant had accepted their proposed conditions and as such their representation had now been withdrawn.
In response to questions from the Sub-Committee Ms Anwari advised that CCTV had been installed at the premises, all staff had been trained in its use and recordings would be kept for 30 days. All the conditions proposed by EH had been agreed. The application sought had the same characteristics as the licence that had lapsed and it was not proposed to change the operation of the premises. The conditions agreed with EH and the Police were more stringent than those on the previous licence and would ensure that the licensing objectives were upheld. This included limiting the number of customers allowed in the shop at anyone time to ten people after 23:00 hours. It was acknowledged that a resident had submitted a representation but Ms Anwari questioned its relevance. Due to the number of food operations in the vicinity of the premises it would be impossible to confirm where the smells and noise mentioned originated from. The premises had received no complaints since it had been in operation and this included whilst the previous owners operated it. To provide reassurance however a condition would be added to the licence preventing any fumes, steams or odours to be emitted from the premises.
The Sub-Committee was interested to learn further details about the previous licence which had lapsed. Ms Anwari advised that the applicant had bought the licence in May 2017 and had been informed by the then licence holder that they could use the licence. They were subsequently unaware that the corporate licence holder had been dissolved and therefore continued to pay the annual licencing fee to the Council. They were only aware the licence had lapsed when the Licensing Authority brought it to their attention. The Council’s Legal Adviser confirmed that if this was the case then the applicant had been misinformed when buying the licence. Therefore, any allegations made against the Council in the applicant’s written representation were incorrect. Ms Anwari agreed that this was the case and the issue of operating the licence whilst it had lapsed was due to an error on the applicant’s behalf.
Ms Anwari confirmed that the original proposal to permit the premises to remain open until 04:00 hours during religious celebrations and UK bank holidays had been withdrawn.
The Council’s Legal Adviser clarified that the residential representation received detailing a nuisance allegation had only been submitted by one person and therefore did not constitute a public nuisance.
After careful consideration, the Sub-Committee agreed to grant the application. The premises was not seeking to extend its permitted hours for licensable activities and would operate in the same manner to which it had under the previous licence, for which no complaints had been received. It was noted that conditions had been agreed with both EH and the Police following which they had both subsequently withdrawn their representations. The Sub-Committee considered that the conditions proposed were more stringent than those on the previous licence and were appropriate and proportionate in the circumstances to ensure the licensing objectives were upheld and promoted. It was noted that a residential representation had been submitted, however as it was from one person it did not constitute a public nuisance and therefore the Sub-Committee did not have regard to it. Having heard all the evidence the Sub-Committee was satisfied that the application was suitable for the local area and promoted the licensing objectives.
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2. |
Hours Premises Are Open to the Public
Monday to Sunday: 11:00 to 01:00
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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Conditions attached to the Licence |
Conditions Consistent with the Operating Schedule
sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
25. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
(a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) all seizures of drugs or offensive weapons (f) any faults in the CCTV system, (g) any visit by a relevant authority or emergency service.
24.No drinks shall be served in glass containers at any time.
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Supporting documents: