Agenda item
123 Baker Street, London, W1U 6RZ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
7 July 2022 – ITEM 1
Membership: Councillor Aicha Less (Chair) Councillor Iman Less and
Councillor Caroline Sargent
Officer Support Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Jack Robinson-Young
Presenting Officer: Roxsana Haq
Present: Mushtaq Ali (Applicant), Anil Drayan (Environmental Health Service), PC Dave Morgan (Metropolitan Police Service),
Asitha Ranatunga (Cornerstone Barristers), Tony Gaskill (Local resident).
Application for a New Premises Licence in respect of Shawarma N More 123 Baker Street London W1U 6RZ 22/01952/LIPN
Full Decision
Premises
123 Baker Street
London W1U 6RZ
Applicant
Shawarma N More Limited
Cumulative Impact Area
None
Ward
Marylebone
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intend to operate as a takeaway shop. The Premises have had the benefit of the use of Temporary Event Notices. The Premises are located within the Marylebone Ward but not within the West End Cumulative Zone nor Special Consideration Zone.
There is a resident count of 292.
Representations received
• Metropolitan Police Service (MPS) (PC Dave Morgan)
• Environmental Health Service (EHS) (Anil Drayan)
• 67 Local residents
Summary of issues raised by objectors
· MPS stated there was insufficient detail within the operating schedule to promote the licensing objectives. If the application was granted it would undermine the licensing objective, the prevention of crime and disorder and the hours sought are beyond Westminster Council’s Core Hours Policy.
· EHS stated the proposals are likely to increase the risk of public nuisance and may impact upon public safety.
· Local Residents expressed concerns about noise disturbance and the delivery drivers using the premises and adjoining restaurants to congregate at the end of the street, riding their bikes on the pavement and driving the wrong way down Bickenhall Street.
Policy Position
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.
FFP1
· Applications outside the West End Cumulative Zones 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 operation of any delivery services for alcohol and/or late-night refreshment meeting the Council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
SUBMISSIONS AND REASONS
Ms Roxsana Haq, Senior Licensing Officer summarised the application the application as set out in the report before the Sub-Committee.
Mr Mushtaq Ali on behalf of the Applicant company addressed. He explained that the premises are small premises serving students in the area, late night workers and those working in the emergency services coming off their shifts. There are also a number of shops around the premises that close at 00:00, these additional hours requested would allow them to serve those workers as well. The premises currently trade as a takeaway specialising in shawarma with some inside seating.
In response to questions from the Sub-Committee Mr Ali advised that the premises had been using TENs to benefit from the extra hours as these are busy periods.
Mr Ali explained that the takeaway service is run directly by the Applicant and not by a third party. They use their own drivers to fulfil orders, food can be cooked within 4 minutes as their grill is always on. For those ordering takeaways in person, this short cooking time helps to reduce queues and people congregating.
In response to questions from the Sub-Committee, Mr Ali advised that they do not often exceed their capacity and again that the quick cooking time helps to reduce any build-up of people waiting on orders. He explained that no more than 100 people would come in over a three-hour period, which may rise to 120 on a weekend. He stated that after 23:00 hours customers are not allowed to stay on the premises.
PC Dave Morgan for the Metropolitan Police Service (MPS) explained that the MPS had maintained their representation as this application exceeded core hours which caused them concern for the increase of crime and disorder in the area. PC Morgan stated that takeaway premises that are opened late attract people that have been drinking which leads to a risk of violence and assaults. The hours beyond core hours are particularly busy period for the force and to alleviate this, they requested an SIA on a Thursday, Friday and a Saturday as a condition on the License should the Sub-Committee be minded to grant the Licence. In response to questions from the Sub-Committee PC Morgan advised that there had been no reports of crime within the current hours or within the extended hours under the previous TENs applications. He explained that there were lots of thefts in the area, but nothing directly attributed to this premises.
Mr Anil Drayan on behalf of Environmental Health Service advised that he was originally concerned about the application for a 5 am licence as this would make the premises a destination with people in the West End to congregating. The Applicant has now reduced this to 2 am on a Thursday, Friday and Saturday and 1 am every other day which will help reduce the attraction of the premises. He stated that the Applicant had accepted all other conditions proposed by Environmental Health Service including the SIA as requested by the Metropolitan Police Service. Mr Drayan informed the Sub-Committee that the premises are located close to the Marylebone Road and already have high levels of noise. He said it was welcomed that the Applicant had their own drivers and would not be relying on third parties. Using their own vehicles will held to control how they are operated.
In response to questions from Sub-Committee Mr Ali advised that drivers are also part of the staff of the premises so they may be helping to cook and prepare the meals themselves and then delivering them with only 2 or 3 deliveries per night.
Dr Tony Gaskill, local resident addressed the Sub-Committee and expressed his concerns about the extension of the hours. He explained that Bickenhall Street is a small residential street and within that there are already almost a dozen outlets for food and coffee, of which some already stay open late. He stated that there are also several delivery drivers that use the street as a thoroughfare in both directions, despite it being only one way. There is a large amount of litter on the street which affects the residents on the lower and ground floors. He stated that if the longer licensable hours were to be granted, these issues would add to the nuisance.
Mr Asitha Ranatunga of Cornerstone Barristers on behalf of local residents, explained that he did not have confidence in the conditions imposed to reduce the impact on residents and the Applicant would not adhere to the conditions. He stated that the hours have been reduced but it was still late. He referred the Sub-Committee to the Additional Pack presented and to the Google search screenshot which detailed the opening hours to be as late as 2 am, whereas the current licence only runs until 11 pm. It was noted that there were also photographs within which showed that customers at the premises did not dress in emergency worker uniform or the dress of a retail worker, speaking against what the applicant had said the later hours were to accustom.
Mr Mike Roberts, Building Manager of one of the surrounding buildings, advised that he was there to reiterate the concerns of residents and to add the cooking smells from the ventilation drafting up towards Bickenhall Mansions which in his view would only get worse should the licensable hours be extended.
In response to the above, Mr Ali replied stating that the photographs showed students who had been studying late and wanted some food. Regarding the ventilation, he stated that the premises do not emit smoke as there is no oil used, just a grill.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and considered all the committee papers, the Revised Guidance made under section 182 of the Licensing Act 2003, the Council’s Licensing Policy, submissions made by the Applicant and all other parties, and the oral evidence given by those parties in attendance during the hearing in its determination of the matter.
The Sub-Committee noted that representations were received from Environmental Health Service and the Metropolitan Police Service. These representations were concerned with the hours sought.
The Sub-Committee decided to grant the licence with core hours as they were concerned that any later hours would detrimentally impact the licensing objectives, namely, public nuisance and crime and disorder.
The Sub-Committee further noted that the proposed conditions had been agreed with the Responsible Authorities and concluded that these conditions attached to the licence would alleviate residents’ concerns and were appropriate and would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 Late Night Refreshment (Outdoors) Monday to Thursday 23:00 to 23:30 hours Friday to Saturday 23:00 to 00:00 hours Sunday 12:00 to 22:30 hours.
2. To grant permission for the Opening Hours for the Public Monday to Thursday 10:00 to 23:30 hours Friday to Saturday 10:00 to 00:00 hours Sunday 12:00 to 22:30 hours.
3. That the Licence is subject to any relevant mandatory conditions.
4. That the Licence is subject to the following conditions and informatives imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant
1. 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 are 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. 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.
2. 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 are 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.
3. 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 refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
4. Takeaways of food and drink by use of a courier service shall only be with a courier service who have agreed that their delivery drivers have been give 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 licenced premises; not to leave engines running when the vehicles are parked; not to obstruct the highway.
5. All outside tables and chairs shall be removed or rendered unusable by 23.00 each day.
6. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
9. 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.
10. 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.
11. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
12. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
13. 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.
14. No deliveries to the premises shall take place between 23:00 and 00:70 hours on the following day.
INFORMATIVES:
15. The Premises Licence Holder will ensure that the courier service will positively encourage delivery drivers to use quieter vehicles that are less likely to cause a nuisance such as bicycles or electric vehicles.
16. The Premises Licence Holder will ensure that all advertisement of the opening hours of the premises reflect the hours granted under the Licence.
This is the Full Decision reached by the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
7 July 2022
Supporting documents:
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123 Baker Street report_Redacted, item 1.
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