Agenda item
Desai News, 19 Spring Street, W2 1JA
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5
Thursday 10th 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: Richard Baker representing the Applicant
Application for a variation of a Premises Licence for Desai News, 19 Spring Street, London W2 1JA Ref: 21/10871/LIPN
Full Decision
Premises
Desai News,
19 Spring Street,
London
W2 1JA
Applicant
Mr Bhavikkumar Rasiklal Patel
Ward
Hyde Park
Licensable Activities and Hours applied for
Sale by Retail of Alcohol (off the premises)
Mondays to Saturdays: 08.00 to 23:00 hours
Sundays: 10.00 to 22.30
Opening Hours of the Premises:
Mondays to Saturdays: 08.00 to 23:00 hours
Sundays: 10.00 to 22.30
Representations Received
· Environmental Health Service (Dave Nevitt) (Withdrawn)
· Ben Churchill - Resident
Summary of Objections
The premises will bring ant-social behaviour to the area, there are other premises available.
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 or a Special Consideration Zone.
There is a resident count of 103.
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.
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 for a convenience store to permit the sale of alcohol for consumption off the premises.
The Applicant’s representative, Mr Baker informed the Sub-Committee that there was one objection and that objectors had not attended the hearing. Attempts were made to contact him but there was no response. However the concerns about anti-social behaviour is not supported by the police, who have not objected.
Mr Baker confirmed to the Sub-Committee that the Applicant had a good relationship with residents and that this was a small shop with a modest area for the sale of alcohol. The Applicant has had 16 years in the licensing trade and 6 years as a DPS.
The hours are withing the Core Hours Policy.
Mr Patel will be on the premises most of the time but he will have 2 other, suitably trained members of staff.
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.
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 08.00 to 23:00 hours and Sundays from 10.00 to 22.30
2. To grant permission for the Opening Hours of the Premises:Monday to Saturdays 08.00 to 23:00 hours and Sundays from 10.00 to 22.30.
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
Conditions consistent with the operating schedule
6. 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 timestamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.
7. 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.
8. No deliveries to the premises shall take place between (23.00) and (08.00) on the following day with the exception of newspapers and magazines.
9. 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.
10. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
11. 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.
12. No miniature bottles of spirits of 10 cl or below shall be sold from the premises.
13. 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.
14. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
15. 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.
16. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
17. A 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.
18. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
19. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
20. 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.
21. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) on the following day.
22. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
23. The Premises Licence Holder shall ensure that all staff employed at the premises whose duties include the sale or supply of alcohol shall undertake and complete a relevant
programme of internal training prior to them being authorised to sell or supply alcohol. The premises licence guidance manual will be the basis of alcohol sales training. Records of the training programme shall be maintained and made available to authorised Officers upon request.
24. If the premises is open for business to the public outside of the hours authorised by this Licence for the sale of alcohol, 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
This is the Full Decision reached by the Licensing Sub-Committee.
This Decision takes immediate effect.
The Licensing Sub-Committee
10th February 2022.
Supporting documents:
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Report 19 Spring Street_Redacted, item 4.
PDF 6 MB - Restricted enclosure View the reasons why document 4./2 is restricted