Agenda item

428 Edgware Road, London, W2 1EG (“The Premises”) 20/00429/LIPN

1.

New Premises Licence

Late Night Refreshment: Indoors, outdoors or both: Indoors

Monday to Thursday 23:00 to 00:30

Friday to Saturday 23:00 to 01:30

Sunday: 23:00 to 00:30

Seasonal variations/ Non-standard timings: None

Amendments to application advised at hearing: None

2.

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

Mr Jackaman introduced the item advising that the Sub-Committee had before it an application for a new premises licence from Zayouna Ltd (the Applicant).  He advised that the application had received representations from the Environmental Health Service, 33 local residents, the Lilestone Residents and Management Organisation and the Met police.  It was noted that the Met Police representation was withdrawn on 26 February 2020 after the agreement to additional conditions.  Mr Jackaman indicated that further submissions had been made by Environmental Health on 6 March 2020 and that the submissions were reviewed and circulated to all relevant parties.

The Sub-Committee heard the Applicant’s Case

Mr Ismail addressed the Sub-Committee advising that his premises was a restaurant and it intended to operate as a restaurant which also provided the option of Shisha.  He informed the Sub-Committee that in June 2019 he applied for a licence and was granted a time limited licence between 9 April 2019 and 9 February 2020. Mr Ismail informed the Sub-Committee that he had made a mistake on the application and was now applying for a full premises licence.  He advised that he was now applying for indoor Late-Night Refreshments, between the hours of 23:00 to 00:30 on Sunday to Thursday and 23:00 to 01:30 on Friday to Saturday.  He explained that he would be selling alcohol free drinks and hot food.

Comments from the Licensing Sub-Committee:

The Sub-Committee asked Mr Ismail to describe the garden building and basement plans for the premises, and also queried the licensable area for the application. Mr Ismail confirmed that the application and licensable area was for the entire building and the external area to the rear.  The Sub-Committee confirmed with Mr Ismail that conditions 14-28 had been agreed with the police and conditions 11-13 agreed with Environmental Health services.  The Sub-Committee also sought further clarity regarding how smoking will be managed at the premises and how conditions 12 and 13 will work and whether smoking would be allowed at the front of the premises.  Whist viewing photographs of the premises, the Sub-Committee noted the large screens in the celling, confirming with Mr Ismail that no noise should be emanating from the premises.

The Sub-Committee were concerned that noise coming from the premises may travel from opened windows and doors and queried what time Mr Ismail considered reasonable to close doors and windows.  The Sub-Committee also sought further information regarding the style and nature of the premises and queried the late opening hours for food and not for Shisha. In response to the Sub-Committee’s queries, Mr Ismail advised that he had agreed to all conditions proposed by EH and the Police.  He confirmed that the garden area will be closed at 23:00 (in accordance with planning requirements), and that there would be no smoking at the front of the premises (apart from smoking by those temporarily leaving the premises to smoke which would be restricted to an area directly in front of the premises) and all smoking including shisha would cease at 23:00. 

The Sub-Committee heard from Environmental Health Services:

Mr Koduah addressed the Sub-Committee and confirmed that the Environmental Health Service had maintained their objections on the grounds that the provision of late-night refreshment and the hours requested may have the likely effect of increasing Public Nuisance and impact on Public Safety within the Edgware Road Cumulative Impact area.  Mr Koduah felt that there was insufficient information to address the concerns of Environmental Health and the granting of this application as currently presented would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the Edgware Road Cumulative Impact area.

The members noted, however, that the premises were not situated within the Cumulative Impact Area.

Mr Koduah advised the Sub-Committee that three complaints had been made regarding the premises, the last one was on 1 January 2020 at 01:35 when the premises was supposed to be closed and was in breach of the terms of the premises licence.  Mr Koduah advised that he had concerns regarding the Applicant’s ability in being able to operate the premises in accordance with the licensing objectives.  Mr Koduah advised the Sub-Committee that condition 13 ensures that all window and doors are closed at 23:00.

In response to Mr Koduah statements, Mr Ismail advised the Sub-Committee that there had been no complaints between June and December 2019. The other incidents were mistakes and he had worked very hard with residents to ensure that they were not disturbed by any noise. He noted that not one of the 32 local residents had attended the hearing.

Chair Summing Up

The Sub-Committee thanked everyone for their submissions. The Sub-Committee noted the written submissions and concerns of the local residents at Westmacott House and also the photographic evidence presented by Mr Raza. There had clearly been some errors on the part of the applicant regarding compliance with the Health Act 2006 and also complaints from local residents regarding noise escape from the external area. The applicant had confirmed that the external area would cease to operate from 11 pm but, in granting the application, the Licensing Sub-Committee decided to add a further condition requiring all smoking (including Shisha) to cease at 11 pm.

The Licensing Sub-Committee decided that the granting of the application, subject to the additional conditions agreed or imposed on the licence, would promote the licensing objectives. It was clear that there had been problems in the past and the applicant was warned that, if there were any breaches of the licence or if the operation of the licensed premises did undermine the licensing objectives, there would be the potential for local residents to review the licence. The applicant was also warned about the need to fully comply with the terms of any planning permission issued for the premises, including any permission relating to the rear external area.  

3.

Hours Premises Open to the Public:

Monday to Thursday 12:00 to 01:00

Friday to Saturday 12:00 to 02:00

Sunday: 12:00 to 01:00

Seasonal variations/ Non-standard timings: None

MANDATORY CONDITIONS

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

4.          (1)      The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)        In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)        games or other activities which require or encourage, or are designed to require or encourage, individuals to;

(i)         drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

(b)        provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)        provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d)        selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 (e)       dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6.          (1)      The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2)        The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)        The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)       a holographic mark, or

 (b)       an ultraviolet feature.

7.         The responsible person must ensure that—

(a)        where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)         beer or cider: ½ pint;  

(ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

                        (iii)       still wine in a glass: 125 ml;

(b)        these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

8(i)       A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

8(ii)      For the purposes of the condition set out in paragraph 8(i) above -

(a)        "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

(b)        "permitted price" is the price found by applying the formula -

P = D+(DxV)

Where -

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

(i)         the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

(d)        "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

(e)        "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

8(iii).    Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

8(iv).     (1)      Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)        The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

9.         All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

10.       A minimum of one SIA licensed door supervisors shall be on duty at the premises at all times when the Premises Licence is in operation.

11.       Amplified music shall NOT be played at the premises at any time.

12.      There shall be no smoking (including shisha) in the rear extension and within the garden area shown hatched on the plan attached to the licence from 23:00 on Sunday to Thursday to 01:00 on the following day and from 23:00 on Friday and Saturday to 02:00 on the following day.

13.       After 23:00 hours, patrons permitted to temporarily leave and then re-enter the premises to smoke, including SHISHA, shall be restricted to the area directly in front of the premises along Edgware Road.

14.       All windows, external doors and shutters shall be kept closed after 23:00 hours except for the immediate access and egress of persons.

15.       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.

16.       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.

17.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

18.       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, searching equipment or scanning equipment

(g) any visit by a relevant authority or emergency service.

19.       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.

20.       Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

21.       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

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

23.       No deliveries to the premises shall take place between 23:00 hours and 08:00 hours on the following day.

24.       The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 60 persons.

25.       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.

26.       After 23:00 Sunday to Thursday and 00:00 hours Friday and Saturday, the premises shall only operate as a restaurant:

(i) in which customers are shown to their table,

(ii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non-disposable crockery,

(iii) which do not provide any take away service of food or drink for immediate consumption.

27.       All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

28.       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.

29.       All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.