Agenda item
Getir UK, Lower Ground Floor, Harley Street Underground Car Park, Queen Anne Mews, W1G 9HF
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 13 October 2022
Membership: Councillor Maggie Carman (Chair), Councillor Judith Southern and Councillor Louise Hyams
Officers Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Kevin Jackaman
Present: Chris Nixon, UK Compliance Manager, Getir Uk Limited
Giorgio Colaci, Area Manager, Getir Uk Limited
Maxwell Koduah, Environmental Health Service
Neil Stevens, Milford House Residents Association
Application for a New Premises Licence in respect of Getir UK Lower Ground Floor Harley Street Underground Car Park Queens Anne Mews London W1G 9HF 22/04800/LIPN – Item 1
FULL DECISION
Premises
Getir UK
Lower Ground Floor
Harley Street Underground Car Park
Queen Anne Mews
London W1G 9HF
Applicant
Getir UK Limited
Ward
Marylebone
Cumulative Impact Zone
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
Sale by Retail of Alcohol (Off Sales Only)
Monday to Sunday 08:00 to 00:00 hours
Hours Premises are Open (No public access to the Premises)
Monday to Sunday 00:00 to 00:00 hours
Case Summary
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to provide a delivery service of groceries and convenience items including alcohol.
The Premises are located within the Marylebone Ward but not within the Cumulative Impact Zone or the Special Consideration Zone.
There is a resident count of 100.
Representations were received from the Environmental Health Service (EHS), one Ward Councillor, the Marylebone Association and thirteen local residents.
Summary of Objections
· EHS made representations on the basis that the supply of alcohol and the hours requested to supply alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
- Marylebone Ward Councillor had maintained representation on the licensing objectives of the Prevention of Crime and Disorder, Prevention of Children from Harm and Prevention of Public Nuisance.
- Marylebone Association had maintained representation on the licensing objective of the Prevention of Public Nuisance.
- Residents had maintained representations on the licensing objectives of the Prevention of Public Nuisance, Public Safety and Prevention of Crime and Disorder.
Policy Considerations
HRS1
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:
1. 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.
DC1
Applications for a delivery centre outside the West End Cumulative Impact Zone will generally be granted subject to the following:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1. 2. The hours of licensable activities are within the Council’s Core Hours Policy HRS1. 3.The premises are not located in a predominantly residential area. 4. The application and operation of the venue meeting the definition of a delivery centre in clause D.
SUBMISSIONS AND REASONS
1. Mr Kevin Jackaman, Senior Licensing Officer, outlined the application and advised that the application was for a new Premises Licence and that the premises intended to provide a delivery centre which would provide groceries and convenience items including alcohol. Mr Jackaman advised that the Applicant had altered the hours requested for the supply of alcohol from 06:00 to 00:00 hours to 08:00 to 00:00 hours. He confirmed that several representations against the application had been received and this included the Environmental Health Service and thirteen residents. The Premises are situated in the Marylebone Ward but not in any Cumulative Impact Area or Special Consideration Zone.
2. Mr Chris Nixon, UK Compliance Manager for Getir Uk Limited advised the Sub-Committee that Getir UK was an online retailer which supplied convenience items and groceries. The Company delivers goods by a courier service to customers’ homes. Mr Nixon advised that the Premises were a small hub and a low impact distribution centre. The Premises cannot be accessed by the public. He stated that the alcohol supplied accounted to less than 5% of overall sales. The Sub-Committee was advised that the most popular product sold during the latter hours was milk and not alcoholic beverages. The peak hours for trade are between 17:00 to 21:00 and the hours applied for were based on customer demands. Mr Nixon advised that the Premises were not a large distribution centre and did not operate a fast delivery service.
3. Mr Nixon advised that customers are required to download an App and create an account which needs to be verified. He informed that customers were required to nominate a verified address and that deliveries are not made in open spaces. The Sub-Committee were informed that all transactions are done online and that there are no cash exchanges. Mr Nixon stated that couriers are based in the Premises and return immediately after completing deliveries. There are two supervisors at the Premises and all staff members receive training and wear a uniform. The training delivered include Challenge 25, proxy sales and road safety. Mr Nixon advised that the delivery speeds of goods was not promoted, and that focus was on accuracy in selecting and delivering goods.
4. In response to the Sub-Committee, Mr Nixon advised that a planning application had been submitted on 26 July 2022 and was awaiting consideration. He commented that Conditions offered had not been disputed and it was anticipated that the application would be granted. Mr Nixon confirmed that relief drivers from recruitment firms receive the same training as other staff members and were expected to adhere to the same practises and standards.
5. In response questions from the Sub-Committee, Mr Nixon commented that the Premises were considered as ‘low impact’ and that the correct legal process would be undertaken when addressing concerns and that issues raised.
6. Mr Nixon advised that deliveries are received between once or twice a day, and this was dependent on demand. All deliveries and waste collection are done via the car park.
7. Mr Nixon stated that a wide range of goods are available, and this was to ensure that the company can compete with competitors and for the business to remain viable. He advised that the Applicant was a responsible retailer and that couriers are trained to decide on scenarios such as whether customers are underage. Mr Nixon advised that a condition which required for shift manager’s contact numbers to be displayed would be agreed and that the staff members are present.
8. Mr Maxwell Koduah, for Environmental Health Service advised that there had been discussions with the Planning Service, it was agreed that the terminal hour of 00:00 was appropriate. He advised that the locality was predominantly residential, and that the Applicant would be required to ensure that it’s delivery operations would not impact residents. Mr Koduah advised that several conditions had been recommended and informed that an additional condition which required the Applicant to use silent vehicles for deliveries should be imposed. The Sub-Committee noted that Policy HRS1 granted them controls to reduce operational hours if it were viewed that this would promote the licensing objectives. Mr Koduah reminded the Sub-Committee that each case should be considered on its merits and advised that the Applicant had agreed to conditions which would mitigate concerns regarding public nuisance.
9. Mr Neil Stephens, local resident, on behalf of Milford House Residents Association advised that he had lived in the locality for three decades. He stated that the Applicant had altered their application and changed their hours from 06:00 to 08:00 hours. He commented that this was an indication that the Applicant was aware that their operations would have an impact on residents. Mr Stephens stated that it was uncertain when staff would start to get their deliveries ready. He advised that the Applicant’s description of the premises site was inaccurate and misleading. The site was a car park and not a trading estate and was accessible to the public. The Sub-Committee was informed that the site would be vulnerable to criminal activity in particular individuals who wished to access the alcoholic beverages and that this would put residents at risk. Mr Stephens stated that alcohol being stored at the site would pose a fire risk.
10. Mr Stephens advised that the premises would be operating 18 hours a day and raised concerns regarding public nuisance in the location during these periods and that resident’s amenities would be affected. He stated that the Applicant had advised that they would endeavour to only use electric vehicles, but these delivery vehicles would cause noise nuisances.
11. Mr Stephens commented on the photographs submitted and depicted how the premises would operate and advised that the operation would cause traffic. Also, there was no information where staff members were permitted to smoke. He advised that the Applicant should operate in their usual sites which were warehouses and not from a car park which was in a predominantly residential area.
In response to questions from the Sub-Committee Mr Stephens advised that the car park was previously a self-contained area which was locked and could be accessed within set hours. He advised that the usage of this area had evolved and that other delivery drivers would ignore parking restrictions.
Lorries caused noise nuisance when dismantling goods from vehicles and transferring them to storage in the car park. The car park was used for storages by various large companies and these activities caused public nuisance.
12. In his summing up, Mr Nixon advised that he was unaware of the vehicles which were in the photographs submitted by Mr Stephens. He confirmed that the Applicant had agreed to a condition which prohibited the loading of goods in the car park. Mr Nixon advised that there was no application for late night refreshments and that no food would be prepared in the premises. He advised that operational hours had been altered to secure planning permission. He confirmed that the site would not be assessable to the public and did not pose any fire risk. He advised that electrical vehicles and motorcycled bikes did not cause any noise nuisance and stated that there would be a designated area for smoking. The Sub-Committee was advised that the Applicant was a responsible retailer and reminded that alcohol was delivered to customers homes and not in open spaces. He confirmed that conditions had been agreed to ensure that no nuisance emanate from the premises.
Conclusion
The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Committee is aware that it has a duty to consider each application on its own individual merits and did so when determining this application.
The Sub-Committee noted that the Applicant had engaged with Environmental Health Service (EHS) and agreed to all the Conditions proposed by EHS.
The Sub-Committee were mindful of the fact that the Applicant had amended the trading hours.
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 decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.
Having carefully considered the committee papers 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:
1. To grant permission for the Sale by Retail of Alcohol (Off Sales Only) Monday to Sunday 08:00 to 00:00 hours.
2. To grant permission for the Opening Hours for the Premises Monday to Sunday 00:00 to 00:00 hours.
3. That Licence is subject to relevant mandatory conditions as specified in the agenda papers.
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 with the agreement of the Applicant
6. There shall be no access to the public for purchase of alcohol at any time.
7. Drivers will await deliveries by waiting in an internal section of the premises until such time as a delivery is ordered. Staff on site will ensure that no excessive noise is created by the drivers when leaving or entering the Premises.
8. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
The CCTV system shall continually record whilst the premises are open for licensable activities. 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.
9. 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.
10. An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which will record the following:
a) Any complaints received
b) Any faults in the CCTV system
c) Any visit by a relevant authority or emergency service
d) Any refusal of the sale of alcohol
11. The premises will be maintained in a safe manner at all times.
12. All exits will be kept unobstructed, easy to open and clearly signed.
13. Notices will be displayed asking staff to leave the premises quietly and to have respect for local residents.
14. Delivery of alcohol will be refused whereby the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.
15. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
16. When a delivery is to be carried out by an employed driver:
a. A Challenge 25 scheme shall be operated, whereby if supply of alcohol is to any person who appears to be under the age of 25 years of age, they will be required to produce on request an item which meets the mandatory age verification requirement and is either a:
i. Proof of age card bearing the PASS Hologram.
ii. Photocard driving licence.
iii. Passport; or
iv. Ministry of Defence Identity Card
b. All staff engaged in the sale or supply of alcohol on the premises shall have received training in the Licensing Act 2003 in terms of the licensing objectives, offences committed under the Act and conditions of the Premises Licence.
c. Training records shall be kept on the premises (or otherwise be accessible on the premises) for a minimum of 12 months and made immediately available to police, trading standards or licensing authority staff upon reasonable request.
d. A refusals record shall be maintained at the premises. The log/register will contain:
· Details of the time and date the refusal was made.
· The identity of the driver who refused the sale.
· Details of the alcohol the person attempted to purchase.
This log/register shall be made available for inspection by a Police or other authorised officer upon request.
17. Notwithstanding Conditions above; where third-party couriers are employed for deliveries these third parties shall maintain their own Challenge 25 Policies and age verification training.
18. When using third party couriers, all consignments of alcohol will be dispatched through reputable couriers only.
19. 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.
20. A warning shall be displayed on the digital platform on which an order is placed informing customers that they must be aged 18 or over to make a purchase of alcohol and notifying customers that the rider will carry out age verification on delivery. The customer will be required to declare that he or she is aged 18 or over. If the rider is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld.
21. The Premises Licence Holder shall ensure that riders/drivers will be instructed not to loiter in the vicinity of residential premises.
22. The Premises Licence Holder shall ensure that riders/drivers will not be permitted to congregate in the immediate vicinity of the premises.
23. The premises Licence Holder shall ensure that riders/drivers will not be permitted to smoke in the immediate vicinity of the premises.
24. Deliveries shall only be made to a bona fide residential or business addresses.
25. Delivery drivers/riders 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 of the licensed premises.
26. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
27. 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.
28. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
29. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
30. The Premises Licence Holder shall ensure that no combustion engine motorised vehicles (including mopeds, motorcycles, cars, vans) are permitted to make deliveries from the premises.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
The Licensing Sub-Committee
13 October 2022
Supporting documents:
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Getir UK report_Redacted, item 1.
PDF 5 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted
- Restricted enclosure View the reasons why document 1./4 is restricted