From: Koduah, Maxwell: WCC
Sent: 06 March 2020 12:59
To: Donovan, Jessica: WCC; Licensing Team 1: WCC
Subject: FW: 20/00429/LIPN, Zayona, 428 Edgware Road - Observations
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Jess
Below is the relevant complaint history.
Kind regards
Maxwell
From:
Ascensao, Michelle: WCC <mascensao@westminster.gov.uk>
Sent: 22 January 2020 11:39
To: Koduah, Maxwell: WCC <mkoduah@westminster.gov.uk>
Cc: Moodie, Linda: WCC <lmoodie@westminster.gov.uk>
Subject: RE: 20/00429/LIPN, Zayona, 428 Edgware Road - Observations
Dear Maxwell,
I have looked over the noise complaints on Uniform. We have one complainant but a Statutory Nuisance has never been established, so no formal action under the Environmental Protection Act 1990.
NOISE
01/12/2019 Complaint made at 0:36 hours, noise officer visited in complainants property at 01:25 but did not deem a Statutory Nuisance under EPA 1990.
01/01/2020 Complaint made at 01:18, complainant did not answer their phone at 01:38
16.01.2020 complaint made at 22:48, officers went directly to the premises so unable to establish a statutory nuisance, they found the premises compliant with the Health Act 2006
18/01/2020 complaint made at 20:21, officer called back at 20:44 and noise had stopped
HEALTH ACT
1 December 2019, Breach of the Health Act was witnessed, totally enclosed with shutters down.
07/12/2019 premises was compliant with Health Act
28 December 2019 A visit was made on by Maria Johnson and I, where he was breaching the Health Act but thought he was not due to the “one metre rule” . He was given an explanation on how to make the premises compliant
16/01/2020, 17/01/2020 and 18/01/2020 – no breaches of Health Act during visits
I understand planning are also taking enforcement action on the structure.
In the meantime, if you have any questions or need further clarification, please cc my manager Linda Moodie into emails. I am a shift worker and go on nights later on in the week, so she may be able to get back to you quicker.
Thanks
Michelle
From: Koduah,
Maxwell: WCC <mkoduah@westminster.gov.uk>
Sent: 17 January 2020 15:47
To: Abbott, Karyn: WCC <kabbott@westminster.gov.uk>;
Ascensao, Michelle: WCC <mascensao@westminster.gov.uk>;
Jackaman, Kevin: WCC <kjackaman@westminster.gov.uk>
Cc: Sycamore, David: WCC <dsycamore@westminster.gov.uk>
Subject: RE: 20/00429/LIPN, Zayona, 428 Edgware Road - Observations
Hi
Michelle
Thank
you for the information. Did you say they were
complaint with the Health Act? It will help if the details of the
noise complaint including time, cause of noise and any other observation by
officers are updated on uniform. There is a generic representation by
Environment Health to the application for extended trading hours in hot food
and hot drink. Without prejudice, such complaints, especially if verified by
officers, would be useful for committee members as they make the final
determination.
Kind
regards
Maxwell
Maxwell
Owusu Koduah MSc, MCIEH
Environmental
Health Officer
Regulatory Support Team 2
Public Protection and Licensing
Westminster City Council
City Hall 15th Floor West
64 Victoria Street
London
SW1E 6QP
Tel: 020 7641 7242
Email: mkoduah@westminster.gov.uk
From: Abbott,
Karyn: WCC <kabbott@westminster.gov.uk>
Sent: 17 January 2020 15:18
To: Ascensao, Michelle: WCC <mascensao@westminster.gov.uk>;
Jackaman, Kevin: WCC <kjackaman@westminster.gov.uk>
Cc: Sycamore, David: WCC <dsycamore@westminster.gov.uk>;
Koduah, Maxwell: WCC <mkoduah@westminster.gov.uk>
Subject: RE: Zayona - Observations
Hi
Michelle
Thanks
for the information. If you’d like a representation put in regarding the
structure under the Health Act or the noise it would be best to speak with
Maxwell Koduah as this can be done under Public Safety. Please let me know?
Many Thanks
Karyn Abbott
Senior Licensing Officer
Licensing Team
Public Protection & Licensing Department
Westminster City Council
15th Floor
64 Victoria Street
London SW1E 6QP
Direct Line 020 7641 8112
Mobile 07931 546328
Call Centre (for general queries) 020 7641
6500
From:
Ascensao, Michelle: WCC <mascensao@westminster.gov.uk>
Sent: 17 January 2020 07:12
To: Jackaman, Kevin: WCC <kjackaman@westminster.gov.uk>;
Abbott, Karyn: WCC <kabbott@westminster.gov.uk>
Subject: RE: Zayona - Observations
Dear Kevin,
Officers were called out this morning due to a noise complaint.
They said the premises was, however, compliant with the Health Act 2006.
Kind regards
Michelle
From:
Ascensao, Michelle: WCC
Sent: 16 January 2020 12:13
To: Jackaman, Kevin: WCC <kjackaman@westminster.gov.uk>
Subject: Zayona - Observations
Dear Kevin,
On 1st December 2019, officers witnessed in the rear extension structure breaches of the Health Act 2006. Witness statement provided to me.
On 7th December 2019, officers witnessed in the rear extension structure breaches of the Health Act 2006. Witness statement provided to me.
On 28th December 2019, officers witnessed in the rear extension structure, breaches of the Health Act 2006.
On 28th December, I visited with Maria Johnson, Mr Ismail Balin stated that he believed he could be compliant, due to the “one metre rule” however at the time he had covered some of the openings that meant he was not.
Mr Balin was written to on 30th December 2019 with a warning letter regarding the above visits and the breaches of the Health Act 2006.
He was informed that his licence would run out, and if he wanted to continue licensable activities, a new application would need to be made.
He stated in an email to me 2 January 2019 that he had removed the coverings to make the premises compliant with the Health Act 2006.
On Saturday 7 January 2019, officers visited the premises. Mr Balin was not on site. The staff refused to provide any of their details to the officers and were reluctant to speak to the council. After some time, they offered the officers a telephone number for Mr Balin, who offered to come to the premises.
Please let me know if you need anything further
Yours sincerely
Michelle Ascensão-Grant
City Inspector – North East 2
(Church Street,Little Venice,Hyde Park and
Bryanston and Dorset wards)
Public Protection and Licensing
Westminster City Council
City Hall
64 Victoria Street
15th floor
London
SW1E 6QP