Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   * None   ** Queensway/ Bayswater	21 Moscow Road W2 4AH	New Premises Licence	21/11439/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 10 March 2022

 

Membership:           Councillor Karen Scarborough (Chairman) Councillor Melvyn Caplan and Councillor Aisha Less

 

Officer Support        Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Emanuela Meloyan

 

Application for a New Premises Licence in respect of 21 Moscow Road London W2 4AH 21/11439/LIPN

 

Full Decision

 

Premises

 

21 Moscow Road

LONDON

W2 4AH

 

Applicant

 

Russian Food London Limited

 

Represented by Malith Madushanka Perera Ramanayakage and Mrs Audrone Baltulyte (Applicant Company)

 

Ward

 

Lancaster Gate

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

Queensway/Bayswater

 

Activities and Hours applied for

 

Retail Sale of Alcohol (Off Sales)

 

Monday to Sunday 10:00 to 21:00 

 

 

Seasonal Variation: Last 2 weeks of December (Christmas and New Year

Celebration) and 2 Weeks before Easter from 08.00 to 22.00

 

Hours Premises are Open to the Public

 

Monday to Sunday 10:00 to 21:00

 

Seasonal Variation: Last 2 weeks of December (Christmas and New Year

Celebration) and 2 Weeks before Easter from 08.00 to 22.00

 

Summary of Application

 

The Licensing Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a Russian and Eastern European grocery store.  The Premises is located within the Lancaster Gate Ward and the Queensway/Bayswater Special Consideration Zone.

 

The premises had the benefit of a premises licence (13/03218/LIDPSR) which was granted in September 2005 and revoked in February 2021 following a Review hearing. This can be found at Appendix 4 of the Report. Submissions have been received by the Metropolitan Police Service in relation to the Review which can be found at Appendix 3 of the Report.  The Applicant has provided submissions addressing the relevant spatial policies and a letter to interested parties which can be found at Appendix 2.

 

Representations Received

 

·       Metropolitan Police Force (withdrew on the 2 February as the Applicant had agreed to all their proposed conditions)

·       Environmental Health Service – Maxwell Koduah

·       5 Local Residents (Objectors) (after mediation one objector withdraw their representation).

·       1 Local Resident (Supporter)

·       South East Bayswater Residents Association (SEBRA) (Represented by Richard Brown, from Westminster Citizens Advice Bureau) and John Zamit, Chairman of SEBRA.

Summary of Representations

 

·       The Environmental Health Service have made a representation in relation to the application as the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety. 

 

·       Concerns from local residents were raised regarding the number of licensed Premises in the area.  There were already three pubs across the road and within adjacent blocks, which fuel neighbourhood disturbances and anti-social behaviour.

 

·       These premises have a history of problems resulting  in a Review and subsequent closure.

 

Policy Considerations

 

SCZ1

·       In addition to meeting the other policies within this statement, 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.

 

HRS1

·       Applications within the core hours set out below 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 following:

 

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

 

• The hours for licensable activities are within the Council’s Core

Hours Policy HRS1.

 

• The operation of any delivery services for alcohol meeting the

Council’s Ancillary Alcohol and/or Late-night Refreshment Delivery

Service Policy DEL1.

 

 

SUBMISSIONS AND REASONS

 

The Sub-Committee considered an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) by the Applicant Russian Food London Limited in respect of 21 Moscow Road LONDON W2 4AH.

 

The Presenting Officer Ms Emanuela Meloyan introduced the application.  She  advised that the Premises intended to operate as a Russian and Eastern European grocery store.  She confirmed that representations had been received from the Environmental Health Service, five local residents (although one had now withdrawn their representation) and South East Bayswater Residents Association (SEBRA).  She further confirmed that the Metropolitan Police Service had since withdrawn their representation and that one local resident was in support of the application.

 

Ms Meloyan outlined that the Premises is located within the Lancaster Gate Ward and the Queensway/Bayswater Special Consideration Zone.  She advised that the Premises previously had the benefit of a premises licence (13/03218/LIDPSR) which had been granted in September 2005 and which had been revoked in February 2021 following a Review Hearing.

 

Mr Ramanayakage, Applicant, outlined the application before the Sub-Committee.  He advised that the Premises intended to operate as a Russian Food Deli serving Russian and other Eastern European customers who were missing food from their home countries.  He explained that many of their customers travelled to the shop to do their weekly shopping as they sold everyday items along with luxurious items such as black caviar and selected wines.  The cheapest bottle of wine sold was £16 and a bottle of beer was £3.99.  He advised that he had two other stores located in Fulham and East Finchley which had been trading for 10.5 years and that integrity and accountability were two of his company’s core values.  He outlined that he would not risk his reputation and the neighbourhood’s peace and safety for cheap alcoholic drinks.  He confirmed that he did not sell cigarettes, would implement Challenge 25 and would hang a window sign stating, ‘respect the neighbourhood’. He considered that his business would improve the street as the Premises would become a destination store and potentially attract new people to the area. 

 

Mr Ramanayakage advised that he had never sold alcohol without a Premises Licence.  He explained how he had thought that the previous Premises Licence could just be transferred, however, after contacting Westminster City Council he found out that the licence had been suspended.  He emphasised that he would operate the Premises properly, had nothing to do with the previous lease holders and would fully promote the licensing objectives.  He advised that he would not be selling any food or drink in open containers and that the Premises rubbish bins were situated at the back of the Premises out of sight and away from the public pavement.  He confirmed that there was no public access to the back of the Premises.

 

In response to questions from the Sub-Committee, Mr Ramanayakage advised that he employed 20 staff at the Premises, that he had 16 CCTV cameras which covered all angles, inside and outside, of the Premises and that all footage was kept for two months.  He confirmed that deliveries to the Premises would take place during its opening hours, weekdays only, up to 8pm and any deliveries to customers would be achieved using e-bikes as they were an eco-friendly business.

 

Mr Maxwell Koduah, representing the Environmental Health Service, addressed the Sub-Committee and advised that the proposed operation would be a marked improvement on the previous business operating at the Premises.  He confirmed that condition 26, on page 88 of the report could be deleted as the Premises had already been assessed as satisfactory by the Environmental Health Service.

 

Mr Richard Brown, from Westminster’s Citizens Advice Bureau, representing SEBRA, advised that SEBRA was content with the application however it had maintained their representation because of how the previous lease holders had operated the Premises and the other objections to the application.  He advised that the Applicant had agreed to all the conditions proposed by SEBRA which included:

 

·       No sales of beer or cider over 5.5% APV, unless premium brand in bottles or cans

·       No display of alcohol or advertising of alcohol in windows of Premises

·       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.

·       Refuse and Recycling collections not to take place between 18:00 and 08:00 in order to protect residential amenity of flats above and opposite.

,

Mr John Zamit, Chairman of SEBRA, advised that he was content with the application, however, had maintained their representation due to the Premises having a history of problems resulting in a Review and subsequent closure.  He explained that SEBRA not only protected the interests of residents living in  Queensway but was also pro-business and welcomed new innovative business to the area.  He outlined that Queensway was now a special consideration zone and that there was a lot of anti-social behaviour in the area.  He confirmed that he was content that the Applicant was not connected in any way with the previous holders of the Premises Licence. 

 

In response to the question from Mr Brown regarding how the Premises would operate Challenge 25 on deliveries of alcohol, Mr Ramanayakage advised that the Premises would not be delivering alcohol via Deliveroo.  He emphasised that the business was a food led establishment and only 1% of sales were related to alcohol.   He further emphasised that he would be a good neighbour and would regularly liaise with SEBRA regarding the Queensway area and the operation of his business.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application.

 

The Sub-Committee welcomed the fact that the Applicant took on board fully the views of local residents and SEBRA and had agreed to all of their proposed conditions which demonstrated to the Sub-Committee that the Applicant was willing to engage and listen to the parties by reaching a fair compromise on matters. 

 

The Sub-Committee noted that the Metropolitan Police had withdrawn their objection

and that the Environmental Health Service was content with the application and had agreed conditions with the Applicant.  The Sub-Committee was pleased that conditions relating to CCTV and the strength of alcohol were all conditions imposed on the licence that would help promote the crime and disorder licensing objective.

 

The Sub-Committee noted that the Applicant had multiple Premises and was an established Premises operator who had established practices and would implement Challenge 25.  The Sub-Committee concluded that these measures would help mitigate the concerns raised by the residents and SEBRA and ultimately have the effect of promoting the licensing objectives. The Sub-Committee was satisfied that the Applicant had taken into account the requirements of the Queensway/Bayswater Special Consideration Zone when considering the application. 

 

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

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission for the Off Sale of Alcohol Monday to Sunday 10:00 to 21:00 hours. Seasonal Variation: Last 2 weeks of December (Christmas and New Year Celebration) and 2 Weeks before Easter from 08.00 to 22.00.

 

2.        To grant permission for the Opening Hours of the Premises:Monday to Sunday 10:00 to 21:00. Seasonal Variation: Last 2 weeks of December (Christmas and New Year Celebration) and 2 Weeks before Easter from 08.00 to 22.00.

 

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 licensing hearing

 

5.        Clear and legible notices will be prominently displayed to remind customers to leave quietly and have regard to our neighbours.

 

6.        The Premise Licence Holder shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol, particularly with regard to drunkenness and underage persons. Records will be kept of training and refresher training.

 

7.        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.

 

8.        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.

 

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

 

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

 

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 single cans of beer, cider or spirit mixtures shall be sold at 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-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

15.      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.

 

 

 

16.      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.

 

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

 

18.      Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

 

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 20.00 hours and 08.00 hours on the following day.

 

21.      No deliveries to the premises shall take place between 18.00 and 08.00 hours on the following day.

 

22.      Prominent, clear and legible notices must be displayed at all exits requesting staff and couriers to respect the needs of local residents and to leave the premises and the area quietly.

 

23.      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.

 

24.      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.

 

 

25.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 20:00 and 08:00 hours on the following day.

 

26.      There shall be no display of alcohol or advertising of alcohol in the windows of premises.

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

10 March 2022