Ward |
Site Name & Address |
Application |
Licensing Reference No. |
Bryanston and Dorset Square None* Edgware Road** |
76 Edgware Road, W2 2EG |
New Premises Licence |
21/0496/LIPN |
*Cumulative Impact Area |
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3 (“The Committee”)
Thursday 4 November 2021
Membership: Councillor Jim Glen (Chairman) Councillor Richard Elcho and Councillor Maggie Carmen
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Kevin Jackaman
Application for a New Premises Licence in respect of76 EDGWARE ROAD LONDON W2 2EG 21/0496/LIPN/LIPN
Present: Jamal Hafeez (Applicant Company, Jenab 2 Limited), PC Bryan Lewis (Metropolitan Police) and Maxwell Koduah (Environmental Health)
Full Decision
Premises
Applicant
Jenab 2 Limited
Cumulative Impact Area
None
Ward
Bryanston And Dorset Square
Special Consideration Zone
Edgware Road
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises intends to trade as a 24-hour Dessert / Coffee Parlour.
Activities and Hours applied for
Hours premises are open to the public
Monday to Sunday 08:30 to 05:00
Late Night Refreshment: Indoors and Outdoors
Monday to Sunday 23:00 to 05:00
Representations received
Summary of issues raised by objectors
Policy Position
Policies HRS1, CIP1, FFP1(A) and SCZ1 of the City of Westminster Statement of Licensing Policy apply.
DECISION AND REASONS
The Sub-Committee considered an application by Jenab 2 Limited for a New Premises Licence in respect of 76, Edgware Road, London W2 2EG. The Presenting Officer provided a summary of the Application and advised that representation had been maintained by the Metropolitan Police, Environmental Health, Connaught Court Tenants Association and a local resident.
Environmental Health had submitted additional information, and these were circulated to all parties. The Premises is situated in the Bryanston And Dorset Square Ward and in the Edgware Road Special Consideration Zone.
The Applicant, Mr Jamal Hafeez, of Jenab 2 Limited stated that a late-night refreshments licence was sought. The Premises is to offer desserts such as gelato ice creams, waffles, and crepes. Patrons would include families and young people. The operation was part of the Cookies and Creams Franchise and did not offer alcohol or provide shisha. Mr Hafeez operated a similar premises in the London Borough of Tower Hamlets that ceased operations at 03:30. There have been no adverse incidents at this site. Mr Hafeez commented that he was aware of the concerns regarding operating after 00:00. However, the Premise was located near Hyde Park and neighbouring establishments operated until later hours.
Mr Hafeez explained that a late-night refreshment had been sought as trading during the earlier hours was slow. Trade usually increased during the latter part of the day and when the Premises was about to close. He had met with Environmental Health and agreed conditions proposed by the Service and those by the Metropolitan Police.
The Sub-Committee was advised that the Premises had numerous CCTV cameras and would have a staff member stationed at the premises’ doors. This was to ensure that customers have a good experience and the positive reviews about the Premises continued to be made.
Mr Hafeez commented that the Premises would provide a ‘good offer’ to the locality and be a divergent for the large footfall that was already present in the vicinity. There are several security patrols along Edgware Road and a door supervisor would be present at the door from 22:00. Furthermore, the Premises was part of a franchise and was monitored on how they operate which included regular audits and staff training.
Mr Hafeez confirmed that a planning application for external seating would be sought and that chairs would be rendered unusable at 23:00. The Sub-Committee was advised that the Premises had a private courtyard and that the Premises had been refurbished and was largely seated.
Maxwell Koduah, Environmental Health Officer’s representations had been maintained as the Premises operational hours were outside core hours. Mr Koduah advised that he had met with the Applicant and had agreed additional conditions. These included a trained person to be stationed at the door from 23:00 and that the Applicant should be required to undertake a risk assessment and increase the security staff numbers if deemed appropriate. He advised that it was preferred for the Premises to cease operation at an earlier time.
In response to questions from the Sub-Committee, Mr Hafeez confirmed that he would accept the operational hours to cease at 03:00 rather than 05:00. Following questions from the Policy Officer, Mr Hafeez confirmed that ‘trained personnel’ and staff members had extensive training, and this included door control and monitoring waiting time. He advised that trained staff members were not SIA registered and that Team Leaders also monitored the doors.
The Sub-Committee noted that door staff involved in security needed to be SIA registered and was advised by the Legal Officer that the Applicant should seek independent legal guidance about requisite training for door security.
PC Bryan Lewis, Metropolitan Police advised that he had liaised with the Applicant’s Agent and commented that the Premises was not a high-risk venue. PC Lewis highlighted that no alcohol or shisha would be offered at the Premises. He commented that representations would have been withdrawn if conditions had been agreed earlier. PC Lewis advised that it would be beneficial for the Premises to have registered door security, and this would reduce risks associated with later operational hours and commented that a number of fast-food premises had SIA registered door supervisors. Mr Hafeez advised the Sub-Committee that the Premises had adequate number of staff to control patrons.
In response to the Legal Officer, Mr Hafeez confirmed that he accepts a condition which requires patrons to be supervised in the external area to ensure that there are no public nuisance and that the public highway is not obstructed. In response to the Environmental Officer, Mr Hafeez agreed that a condition which requires for last entry to be at 02:00 would also be acceptable.
CONCLUSION
The Sub-Committee notes that the Application was for a new Premises License in the Edgware Road Special Consideration Zone. The Sub-Committee notes that the Applicant had agreed to conditions and reduced the operational hours to 03:00 and that external chairs would be rendered unusable at 23:00. The Sub-Committee also took into account that the Applicant would amend their Security Door staff Condition to state that a risk assessment of the door would be conducted and following assessment if deemed appropriate, a qualified SIA Door Supervisor would be employed. The Risk Assessment should be made available to the Appropriate Authorities
The Sub-Committee has determined the application for a grant of a new Premises Licence under the Licensing Act 2003 (“The Act”).
Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
(a) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(b) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance and all its external seating areas.
(c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(d) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
(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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
4th November 2021
Supporting documents: