Agenda item

10A Vauxhall Bridge Road, SW1

18/00503/LIPN

1.

Late Night Refreshment (Indoors and Outdoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee heard from Mr Ali.  Twelve conditions had been proposed by Environmental Health prior to the hearing which had been distributed to all parties.  Mr Ali advised that he had agreed all the Environmental Health conditions and those proposed by the Police.  The Police had subsequently withdrawn their representation.

Mr Ali confirmed that that the reason for the application was to enable him to provide a home delivery service during the hours applied for (23:00 to 02:00 every day of the week).  The premises would not operate during these hours as a sit down restaurant.  Deliveries would be via Deliveroo and Uber Eats.

The Sub-Committee asked Mr Ali a number of questions regarding the application.  These included how he would comply with Environmental Health’s proposed condition that the delivery drivers would switch off their engines and come inside to wait for the food so that they did not cause nuisance to residents.  Mr Ali replied that he would speak to the drivers and introduce signage for them setting out these requirements.  There were only three or four individuals who delivered from the premises.  Mr Ali knew them.  They were residents from within a mile of the premises.  Mr Ali informed the Sub-Committee that in most cases the individuals carrying out the deliveries used bicycles and not motorcycles or cars.  In the event that the application was granted and the individuals carrying out the deliveries did not comply with the conditions on the premises licence, Mr Ali would contact Deliveroo or Uber Eats to let them know that he did not want the individuals being responsible for the deliveries in the future.

Mr Ali, in response to questions from the Sub-Committee, mentioned that any tables and chairs would be brought inside the premises no later than 22:00.  He said that people, including those carrying out the deliveries, would not be permitted to use the chairs in order to smoke, eat or drink there after this time.  He added that there was little demand at this location for the use of outside tables and chairs after 18:00 as other businesses had closed.  Most of the demand was in the morning when customers might wish to have a coffee outside if it was a sunny day.

The Sub-Committee heard from Mr Drayan on behalf of Environmental Health.  He confirmed he had made a site visit to the premises.  He made the point that the premises would only be open to the public until 23:00.  He had noted that the Applicant had agreed the conditions he had proposed. 

Mr Drayan advised that there was one aspect which Mr Ali needed to address.  This was an extractor fan at the back of the premises which Mr Drayan deemed to be very noisy.  There had not been any complaints from residents to date but if the kitchen was able to operate until the middle of the night, the fan was more likely to cause nuisance and generate complaints.  Mr Drayan referred to his proposed works condition which had been agreed by Mr Ali.  This would result, in the event the application was granted, in the premises licence not being operated by the Applicant until Mr Drayan was satisfied that the noise from the fan had been reduced.  Mr Drayan stated that in all other aspects he was content with the application. 

The Sub-Committee was addressed by Councillor David Harvey on behalf of all three Vincent Square Ward Councillors.  He thanked the Applicant for agreeing to the proposed conditions and commented that the three Ward Members are keen for every business in the area to succeed.  His concern and that of his colleagues was whether the conditions were complied with and the licensing objectives promoted.  It was hoped that the deliveries were largely undertaken by cyclists to limit the potential for nuisance to residents.  In the event that motorcyclists were employed, they must meet the requirement not to cause a disturbance. 

Councillor Harvey expressed some relief that 10A Vauxhall Bridge Road was not open to customers after 23:00 as significant numbers of people would then be arriving and leaving in the early hours of the morning.

The Sub-Committee, referring to Councillor Harvey’s concerns, asked Mr Ali whether he was confident he could promote the licensing objectives given that he was now seeking to operate until 02:00 and there was the potential for new delivery drivers to be employed.  Mr Ali replied that he had not originally realised that he had required a premises licence to operate after 23:00.  He had opened the premises for a period of two months after 23:00 without a licence before he had been informed by a City Inspector of the need to apply.  Following this communication he had then closed the premises after 23:00.  However, he added that during the two month period 10A Vauxhall Bridge Road had been open after 23:00 there had been no issues with nuisance from the deliveries.  This gave him confidence that public nuisance would not be caused if the application was granted.

Mr Drayan advised that the conditions he had proposed had been very similar in nature to those proposed for Tops Pizza in Great Western Road.  After a specific hour, there were deliveries only from the premises.  The Tops Pizza premises licence included the requirement (as proposed for 10A Vauxhall Road) that after 23:00 an opaque blind covered the shop window and door so that people walking by would not know the premises was open.  As far as he was aware there had not been any problems caused by the granting of the application for Tops Pizza and this had been approximately two years ago.

The Sub-Committee granted the application, subject to conditions.  Members considered that the Applicant fully understood the potential issues of operating a home delivery service in a residential area.  It was the Applicant’s acceptance of the conditions, particularly those proposed by the Responsible Authorities, which enabled the Sub-Committee to grant the application.  Members noted that the Applicant would be encouraging the use of bicycles and environmentally friendly vehicles for deliveries. 

The Sub-Committee made the point to Mr Ali that it was very important for him to ensure that the conditions on the premises licence were complied with.  Residents and the ward councillors had the option to register a complaint with the Council’s Noise Team if there was a public nuisance caused by those carrying out the deliveries.  In the event of persistent issues, there was the option for a review of the premises licence.

The Sub-Committee attached an additional condition that all tables and chairs would be removed from the outside area by 23.00 each day.  The Sub-Committee also made some amendments to the conditions proposed by Environmental Health which provided some additional clarification.        

2.

Hours premises are open to the public

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

Granted, subject to conditions as set out below (see reasons for decision in Section 1).