Agenda item

Mega Food, 330 Harrow Road, London, W9 2HP

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

 

1.

Late Night Refreshment - Indoors

 

Monday to Sunday: 23:00 to 01:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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 The Licensing Officer confirmed that Environmental Health (EH) had withdrawn their representation following the agreement of conditions with the applicant.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.

 

2.

Hours Premises Are Open to the Public

 

Monday to Sunday: 11:00 to 01:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

Decision (including reasons if different from those set out in report):

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

 

 

Conditions attached to the Licence

 

Conditions Consistent with the Operating Schedule

 

  1. The roller metal exterior window shutter will be maintained to ensure that shop front is safe and secure at all times.

 

  1. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

  1. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

  1. A clear and legible notice shall be prominently displayed outside the premises indicating the hours during which licensable activities are permitted.

 

  1. Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed.

 

  1. The premises licence holder will ensure that staff are well trained in asking customers to use premises in an orderly and respectful manner and prevent drinking.

 

  1. The premises licence holder will ensure that internal and external lighting will be fixed to promote the public safety objective.

 

  1. The premises licence holder will ensure that all staff are well trained to adherence to environmental health requirements.

 

  1. A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

 

  1. All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe condition.

 

  1. Notices shall be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

  1. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.

 

  1. Customers will be asked not to stand around loudly talking in the street outside the premises.

 

  1. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

 

  1. The premises licence holder will ensure that when they serve customers there are enough storage facilities for waste to prevent any overspill from containers. The premises licence holder will further ensure that they have fully contained and lockable bins which can be thoroughly cleaned and kept away or screened from public areas.

 

  1. During the hours of operation of the premises, the licence holder shall ensure

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.

 

  1. The premises licence holder will encourage customers to dispose of litter responsibly using posters insidepremises and on bins.

 

  1. After 23:00 hours, the number of persons permitted in the premises at any one time (excluding staff) shall not exceed 10 persons.

 

  1. No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

  1. The external door shall be kept closed after 23:00 hours except for the immediate access and egress of persons.

 

  1. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

  1. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hours and 08.00 hours on the following day.

 

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.

 

  1. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

 

(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.

 

 

Supporting documents: