Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park   * None   ** None	15 London Street W2 1HL	New Premises Licence	22/03874/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Wednesday 20 July 2022

 

Membership:           Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Emanuela Meloyan

 

Present:                    Mr Aman Patel - Applicant (Mr Hemang Patel)

                                 Suresh Kanapathi – Agent (Mr Hemang Patel)

                                 PC David Morgan – Metropolitan Police

                                 Maxwell Koduah – Environmental Health

                                  Richard Brown, Westminster’s Citizens Advice                     (representing, John Zamit, The South East Bayswater     Residents’ Association)

 

Application for a New Premises Licence in respect of 15 London Street London W2 1HL- 22/03874/LIPN

 

FULL DECISION

 

Premises

 

15 London Street,

London,

W2 1HL

 

Applicant

 

Mr Hemang Patel

 

Ward

 

Hyde Park

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

 

 

Activities and Hours applied for

 

Sale by Retail of alcohol (Off Sales Only)

Monday to Thursday 07:30 to 23:30

Friday to Saturday 07:30 to 00:30

Sunday 09:00 to 23:30

 

Late Night Refreshment:

Friday to Saturday 23:30 to 00:30

 

Opening Hours for the Premises

Monday to Sunday 00:00 to 00:00

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises intends to operate as a shop.

The premises had the benefit of a premises licence from 2005 until January 2021 when the licence lapsed as the result of the death of the Premises Licence Holder and family member of the Applicant.

 

Representations Received

 

• Metropolitan Police (PC David Morgan)
• Environmental Health Service (Maxwell Koduah)
• The South East Bayswater Residents' Association
• Two residents

 

Summary of Representations

 

• The Metropolitan Police Service had made representation in relation to the application as the Applicant originally sought to sell alcohol 24 hours day and which substantially added to the risk of increased crime and disorder in the area.

 

·       Environmental Health Service had made a representation as the hours requested to provide late night refreshment may have the likely effect of

causing an increase in Public Nuisance and may affect Public Safety within the area.  The supply of alcohol and the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area

 

·       The South East Bayswater Residents' Association had made representation on the grounds of potential nuisance, littering, noise and underage sales (along with potential crime & disorder).

• Residents raised concerns over Public Nuisance and Crime And Disorder

Policy Position

 

HRS1

 

• Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.

SHP1

·       Under Policy 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. The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone. The application and operation of the venue meeting the definition of a shop in Clause C. For the purposes of this policy: 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. The licensable activities for the sale of alcohol for consumption on the premises, regulated entertainment and/or late-night refreshment must be ancillary to the primary use of the premises as a shop.  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

 

 

SUBMISSIONS AND REASONS

 

1.     The Presenting Officer, Ms Emanuela Meloyan introduced the application and advised that the application was for a new Premises Licence for a shop. The Committee were informed by Ms Meloyan that representations had been received from the Metropolitan Police, Environmental Health Service, The South East Bayswater Residents' Association and two residents.

 

2.     The premises is situated in the Hyde Park Wark and not in the Cumulative Impact Area or Special Consideration Zone. There were additional information submitted by the Applicant and these were circulated to all parties.

 

3.     Mr Suresh Kanapathi, the Applicants’ Agent advised the Committee that the premises had been in operation for over three decades and was a family business that had contributed to the local economy. He submitted that the application was effectively a transfer of the License to another family member.

 

4.     The Committee were informed that the Applicant’s brother had deceased during the Covid-19 Pandemic and following the family’s bereavement, the licence had inadvertently lapsed. He stated that the application was to in effect, ‘resurrect’ the previous Premises Licence. Mr Kanapathi said that hours originally applied for had been amended and they were now the same as the previous operational hours. He also confirmed that late night refreshments had been withdrawn. Mr Kanapathi confirmed that conditions proposed by Environmental Health had been agreed. 

 

5.     Mr Kanapathi submitted to the Committee that the premises had no history of complaints. He advised that the Applicant had over 15 years of retail experience.

 

6.     Mr Patel, the Applicant, confirmed to the Committee that that the business started in 1985 with his brother. He further advised his brother died due to Covid-19. The Premises Licence had lapsed during the same period in which the family was grieving.

 

7.     Mr Patel explained that the existing hours were applied for and application for a 24 hours operation was made in error. This had now been communicated to the Responsible Authorities and the application had been amended and conditions had been agreed with the Environmental Health Officer.

 

8.     In response to questions from the Committee, Mr Patel advised that he was the owner of the premises and he employed shop managers who are personal licence holders. These staff members are present during each shift. The premises has a metal shutter and deliveries were not received before 07:00 or after 16:00 and that some deliveries took place on Saturday.

 

9.     In response to questions from the Committee, Mr Patel advised that delivery companies, such as UBER or Just Eat are not used, and the premises operated as a traditional grocery shop. There is no food prepared in the Premises and food is only reheated. The Committee was advised that hot food largely comprised of croissants and sales of these items usually took place between 07:00 to 12:00.

 

10. Mr Patel advised that the Premises did not offer strong strength beers and informed that the sale of miniatures were poor and he did not wish to sell them as the shop was too small. The Committee was advised that a condition which prohibited the sales of miniatures would be agreed.

 

11. Mr Patel advised that the premises was currently operating under Temporary Event Notices (TENs) and its operational hours and conditions applied were the same as the existing licence. There have been no concerns raised against the premises or the operator during the use of TENs. Mr Patel advised that alcoholic beverages amounted to 10% of the overall sales.

 

12. The Committee heard from PC David Morgan, Metropolitan Police, that representations had been maintained on the grounds of the licensing objection of the Prevention of Crime and Disorder and in support of the Council’s Licensing Policy. PC Morgan advised that the hours applied for were beyond core hours. He advised that the Council had a few off Licence premises which operated after core hours and that the premises extended hours could be link to crime and disorder in the vicinity. He advised that crime and disorder normally took places in different areas which alcohol was purchased. PC Morgan commented that these incidents had an effect on the emergency response units’ resources and anti-social behaviour also impacted residents.

 

13. The Committee were informed by PC Morgan that the vicinity had the highest crime rate outside the West End. He stated that statistics indicated that there had been an increase in criminal activity in the vicinity and a majority of these were alcohol related. PC Morgan advised that the premises operating 30 mins after core hours could cause issues. He advised that Premises which offer alcohol beyond core hours could be attractive to patrons leaving other licensed premises as a way to obtain later alcoholic drinks. PC Morgan stated that the Metropolitan Police had maintained representation on these grounds.

 

14. He acknowledged that the Premises had previously operated with the hours which had been applied for, without issue by submitted that this application is to be treated as new application.

 

15. In response to questions from the Committee, PC Morgan informed that there was no evidence which linked the premises to crime or disorder. He advised that statistics were relating to the general area.

 

16. Following questions from the Legal Officer, PC Morgan advised that it was welcomed that the premises would not be operating 24hrs and commented that it was still preferred for establishments operational hours to be within core hours. He confirmed that there have been no concerns associated with the operation of the premises.

 

17. Mr Maxwell Koduah, Environmental Health Service, informed the Committee that the Applicant had originally applied for a 24-hour operation and late-night refreshments. He commented that following discussions with the Applicant, the application had been modified and mirror the lapse licence. Mr Kuduah confirmed that the lapse license was beyond core hours and that there was no history of complaints regarding the premises.

 

18. He informed the Committee that the premises was small and that the conditions regarding late night refreshments were now obsolete. The Committee was told that conditions proposed for the new Premises Licence was an improvement on the conditions on the lapse licence.

 

19. In response to the Committee Mr Koduah confirmed that the Applicant had agreed to all conditions proposed by Environmental Health. Mr Koduah advised that a condition should be imposed which restricted any deliveries or services before 07:00.

 

20. In response to questions from the Legal Officer, Mr Patel advised that alcohol beverages are brought to the counter by patrons. The Committee noted that Condition 9 on the Licence required all alcoholic beverages to be kept behind the counter and behind secured doors. The Committee were informed by the Applicant that there were metallic shutters behind the counter where and champagne and spirits were kept but some beers and wines were kept in the fridges and shelves. The Committee noted that Condition 9 on page 54 of the agenda would be reviewed to avoid breaches.

 

21. Mr Richard Brown, Westminster’s Citizens Advice representing, John Zamit, SEBRA, noted that the licence had lapsed, and this was due to the Applicant’s bereavement of a close family member. Mr Brown advised that SEBRA agreed with the concerns raised by the Metropolitan Police about the premises operational hours being beyond the core hours. He advised that it was unusual for off-licence to operate outside core hours. Mr Brown advised that representation had been made by one resident and this was in relation to noise complaints and individuals congregating in the locality.

 

22.  Mr Brown submitted that it was preferred for the premises to operate within core hours and that Policy required resurrections of lapse licenses to be subject to policy and best practice. He advised that the premises operating within core hours would be best practice. Mr Brown advised that the were concerns regarding street drinkers and patrons leaving drink led establishments in the vicinity and these individuals having access to alcoholic beverages after core hours.

 

23. The Committee were informed by Mr Brown that the area was a hub for ‘sporting fixtures’ and noted that Crossrail would also bring individuals to the area therefore increasing the risk of patrons having access to off sales of alcohol. Mr Brown further commented that there were no specific concerns about the premises operation and that the effects of the off licence operating past core hours was the main concern. Mr Brown commented on the crime statistics provided by PC Morgan as very surprising.

 

24. Mr Brown advised that he supported the model condition which the Applicant agreed and which prohibited the sale of spirit miniatures and for a condition which required for alcoholic beverages to be locked away. He also advised that it was preferred for deliveries to take place between 08:00 to 20:00 

 

25. The Committee noted from Mr Zamit, SEBRA that it was preferred for alcoholic beverages to be kept in lockable counters and this was to prevent late sales and protect vendors from theft. He advised that the locality had difficulties with street drinkers, rough sleepers and vagrancy.  

 

26. Mr Zamit advised that there were several drinks led establishments within the vicinity. He commented that crime and disorder and anti-social behaviour occurred in other areas and may not take place in front of the premises. He highlighted that there were no nearby establishment which had an alcohol offer beyond core hours. He was of the opinion that the premises operational hours should reflect current policies. 

 

27.  PC Morgan advised the Committee that the Applicant had agreed to core hours whilst operating TENs.

 

28. Mr Kanapathi reminded the Committee that the Applicant had operated the business for several decades and the premises was a small unit. He advised that the Premises was well staff and managed. Mr Kanapathi advised that the Premises had a history of promoting the licensing objectives and contributed to the local economy. He emphasised to the Committee that there was no evidence provided which linked the premises operation to crime and disorder or anti-social behaviour. The Committee was advised that the premises had a customer base, and these included local residents and tourists.

 

29. Conditions had been agreed by the Applicant which prohibited the sale of strong beers and miniatures. Mr Kanapathi highlighted that the premises Licence could have been transferred but it had lapsed due to a close family bereavement. Mr Kanapathi stated that due to the size of the premises there would be difficulties in installing lockable cabinets and commented that the off licence had been operating successfully in its current layout. However, he confirmed to the Committee that the fridges could be locked and that two members of staff will be present during the later hours.

 

30.  In response to questions from the Committee, Mr Patel confirmed that the premises would need to be redesigned if lockable cabinets were to be installed and informed that these equipment’s were sourced from abroad. The Committee was advised that alcohol could be covered after the licensed hours.

 

31. In response to questions from Legal Officer, Mr Patel advised that lockable screens could be installed and noted that this would ensure that agreed conditions are met. Mr Patel advised that Challenge 25 is operated, and all tills are automatically locked during transaction of alcohol sales. He advised that spirits would be kept behind the counter and storage cabinets would be locked after licensable hours.

 

32. The Legal Adviser then confirmed with the Applicant and his representative that the conditions starting on page 53 were acceptable but deleting condition 26, the addition of Model Conditions 28 (to replace condition 9), 32 and 85, amending condition 22 to have a terminal time of 07.00 instead of 08.00 and adding a condition which restricts the sale of alcohol after 23.00 at the premises whilst the Applicant is the Premises Licence Holder.

 

33. All the conditions were agreed verbally by the Applicant subject to the Committee granting the application.

 

34. The Committee thanked all parties for their submission and retired to make their Decision.

 

Summary Decision

 

The Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.

 

The Committee considered the conditions which were imposed and agreed that they would ensure that all four of the Licensing Objectives would be promoted.

 

The Committee decided that the Applicant had provided valid reasons as to why the granting of the New Premises Licence would promote the licensing objectives.

 

The Committee, however, were extremely worried about the amount of crime in the area and sympathised with the concerns raised by Mr Brown and Mr Zamit.  In coming to this Decision, all Parties are made aware that the Committee were concerned about the premises trading in excess of core Hours.

 

Nevertheless, the Committee were persuaded in part by the Applicant’s acceptance of more stringent conditions than the ones which appeared on the lapsed Premises Licence. Furthermore, in reaching their decision, the Committee noted that the application for the sale of alcohol did not exceed core hours all week. The premises had also previously traded without issues or complaints in relation to crime and disorder and public nuisance and this was even when they traded under TEN’s. In addition to this, the Premises is not located in a Cumulative Impact Area or Special Consideration Zone.

 

The Committee also welcomed the Applicant’s agreement to the conditions agreed with the EHO and their agreement to:

 

1.     Model Conditions MC28, securing alcohol after the terminal time for the sale of alcohol,

2.     MC32 no self-selection of spirits,

3.     MC85, no miniatures,

4.     a condition restricting trade past core hours on Fridays and Saturdays would only be permitted whilst the Premises Licence Holder is this Applicant, Mr Hemang Patel.

 

All of which promoted the licensing objectives and were also supported by Mr Brown and John Zamit of SEBRA.

 

Thus, having carefully considered the committee papers, Licensing Act 2003, Westminster’s Statement of Licensing Policy, the Revised Guidance issued under sec 182 of the Licensing Act 2003 and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:

a)    To grant permission for the Sale of Alcohol for consumption off the Premises:

 

Monday to Thursday 07.30 to 23:00 hours

Fridays and Saturdays 07.30- 00.30

Sunday 09.00 to 23.00

 

b)    To grant permission for the premises to open to the public Mondays to Sundays 00.00 to 00:00 hours

 

c)     The New Premises Licence shall be subject to the relevant Mandatory Conditions 1- 8:

 

d)    That the New Premises Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

 

Agreed Conditions consistent with the operating schedule:

6. (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.

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

9. 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 storeroom or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

10. 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.

11. No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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

17. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of person.

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. 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

20. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times

21. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day

22. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day

23. No deliveries from the premises, either by the licensee or a third party shall take place between 23:00 and 08:00 hours on the following day

24. 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.

25. 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

26. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

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

 

28. The sale of alcohol for consumption off the premises after 23.00 on Fridays and Saturdays shall only be permitted whilst the Premises Licence Holder is Mr Hemang Patel.

 

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

 

The Licensing Sub-Committee

20 July 2022