Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Warwick   * None   ** Victoria	Z B Retail 48 Belgrave Road SW1V 1RG	New Premises Licence	21/05015/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

 

Thursday 10^th February 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Louise Hyams Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Present:                   Karyn Abbott – Licensing Authority

                                Mr Farhan Choudhry - Applicant

 

Application for a variation of a Premises Licence for ZB Retail, 48 Belgrave Road, London SW1V 1RG – Ref 21/05015/LIPN

 

 

Full Decision

 

Premises

 

Z B Retail,

48 Belgrave Road,

London

SW1V 1RG

 

Applicant

 

Mr Choudhry Farhan

 

Ward

 

Warwick

 

Special Consideration Zone

 

Victoria Special Consideration Zone

 

Licensable Activities and Hours applied for

 

Sale by Retail of Alcohol (off the premises)

 

Mondays to Saturdays: 09.00 to 22:00 hours

Sundays: 10.00 to 22.00

 

 

Opening Hours of the Premises:

 

Monday to Sunday: 07.30 to 23:00 hours

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra) (Withdrawn)

·       Environmental Health Service (Anil Drayan) (Withdrawn)

·       Licensing Authority (Emanuela Meloyan)

·       Mrs Jacqui Wilkinson

 

Summary of Objections

 

Premise is located in SCZ.

Application moves availability of alcohol to a residential area

Increases problem with street drinkers and anti-social behaviour.

The premises is located opposite a school

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Premises proposes to operate as a convenience store, selling alcohol for consumption off the premises. The Premises is located within Warwick Ward and is not located within a Cumulative Area Zone.

 

The Special Consideration Zone applies.

 

There is a resident count of 203.

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.  Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

 

SCZ1

 

·       Applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment, and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

SHP1

 

·       Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to:

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.

3. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

4. The application and operation of the venue meeting the definition of a shop in Clause C.

 

C. For the purposes of this policy:

1. A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment.

2. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the

premises unless that primary use is to sell alcohol for consumption off the premises, e.g. a traditional off licence.

 

 

DECISION AND REASONS

 

Mr Jackaman, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  He explained that the application was for a new Premises licence to permit the sale of alcohol for consumption off the premises.

 

The Applicant informed the Sub-Committee that he had discussed the application with local residents and agreed conditions with the Police. The Sub-Committee was informed that the Applicant has been working in the off sales trade for 19 years at a premises at Stretham Hill which was a very difficult area to operate in but they have not caused any issues.

 

The Applicant confirmed that he wants a good relationship with the residents. As a result, he does not intend to sell alcopops, he will operate a challenge 25 policy and during his discussions with the Environmental Health Services, he has reduced the hours he had originally applied for by an hour.

 

Karyn Abbott appearing on behalf of the Licensing Authority confirmed that there has been mediation and the Applicant has agreed to a number of Model Conditions. The premises is located in a SCZ.

 

In response to the Sub-Committee’s questions, the Applicant confirmed that he mainly has deliveries over the weekend and occasionally, he makes the deliveries. He will sell individual cans of alcohol and after 22.00 he will screen the alcohol displays. He further explained that staff will be trained, and he does not foresee beggars and street drinkers as being a problem. His premises are surrounded by a number of hotels and he expects a majority of his business will be from tourists staying at the hotels.

 

 

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing.

 

The Sub-Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

In reaching its decision, the Sub-Committee took into consideration the conditions agreed and were encouraged by the discussions which had taken place with the residents. 

 

The Sub-Committee was also of the opinion that the nature and operation of the premises operating within core hours was not likely to cause nuisance in the local area and in addition, the conditions imposed on the premises licence were appropriate and will ensure that the four licensing objectives are promoted.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  

 

The Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission for the Sale of Alcohol (Off the premises) Monday to Saturdays 09.00 to 22:00 hours and Sundays from 10.00 to 22.00

 

2.        To grant permission for the Opening Hours of the Premises:Monday to Sunday 07:30 to 23:00 hours

 

3.        That the Licence is subject to any relevant mandatory conditions.

 

4.        That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

 

Conditions imposed by the Committee after a hearing

 

 

9. Signage to politely inform customers to respect neighbours in close vicinity of shop and refrain from undue activity in late hours to prevent noise and nuisance.

10. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(c) 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.

(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

11. 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.

 

12. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

13. 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 refusal of the sale of alcohol

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

 

14. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

15. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

16. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders

supplied in glass bottles and cans.

 

17. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.

 

18. No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

19. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public

display, and at the point of sale.

 

20. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

21. The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced

 

22. All cashiers will receive refresher training on relevant alcohol laws and the licence holder’s policy on challenging for ID. Such training to take place at least twice a year. Records will be maintained at the premises containing information about the training of any person who may make a sale of alcohol including the date of their training and the nature of the training undertaken. The relevant documentation shall be produced on request to a police officer or a relevant officer of a responsible authority.

 

This is the Full Decision reached by the Licensing Sub-Committee. 

This Decision takes immediate effect.

The Licensing Sub-Committee

10^th February 2022.