Agenda and draft minutes

Sainsburys Supermarkets Limited, Grove House, 88-94 Westbourne Grove

16/03507/LIPN

1.

Off Sale by Retail of Alcohol

Monday to Sunday: 07:00 – 23:00

2.

Hours Premises are Open to the Public

Monday to Sunday: 07:00 – 23:00

Amendments to application advised at hearing:

None

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

The Sub-Committee considered an application by Sainsburys Supermarkets Limited for a new premises licence in respect of a Sainsburys Supermarket located at 88-94 Westbourne Grove.

The Licensing Officer provided an outline of the application to the Sub-Committee. It was explained that the existing Sainsburys store would be demolished and this application was intended to replace the current licence.

All parties were invited to make representations to the Sub-Committee in relation to the application.  The parties responded to members’ questions and were given an opportunity to ask questions of each other.

Mr Botkai, representing the applicant, advised the Sub-Committee that this was an application for a new licence and whilst the hours for the sale of alcohol were outside core hours it would only replicate what was on the current licence. It was proposed to also add extra conditions to the licence in order to make it more restrictive than it currently was. It was noted that the landlord had obtained planning permission to redevelop the building and the existing store would close in three months’ time for approximately two years. The new store would be similar in size with no increase in retail space and the redevelopment would provide a more modern experience for customers.

It was explained that three conditions relating to an age verification policy and staff training were not in the report before the Sub-Committee and it was proposed to include these in a new licence along with extra conditions agreed with the Police regarding the Notting Hill Carnival.

It was recognised that the premises was located in a cumulative impact area and Mr Botkai drew the Sub-Committee’s attention to paragraph 2.4.6 of Westminster City Council’s Statement of Licensing Policy (“SLP”). This described circumstances where exceptions may be granted and it was felt this application fitted into that criteria.

Representations had been received from local residents and it was suggested some of these had arisen through a misunderstanding regarding various planning conditions imposed on the new building. It was explained that these conditions did not apply to the current licence but would have to be complied with when  ...  view the full minutes text for item 3.

The Windsor Castle Public House, 98 Park Road, London, NW1 4SH

15/12075/LIREVP

An application was submitted by Mr Neil Packer and Miss Richelle Wilder for a review of the premises on 23 December 2016 on the grounds of Prevention of Public Nuisance. Their concerns related to noise emanating into residential accommodation including children’s bedrooms from music within the premises, noise from customers smoking outside the premises and noise from customers dispersing late at night. The Environmental Health Service supported the review application in regards to the Prevention of Public Nuisance licensing objective.

Decision:

The Sub-Committee carefully considered all of the material received from the parties involved.  The Sub-Committee also heard submissions and evidence at the hearing prior to Members retiring to reach a decision.

Mr Brown of the Citizens Advice Bureau explained that the review of the premises had been sought on the grounds of public nuisance relating to:

i)            Noise generated outside the premises until late into the evening from large numbers of customers drinking and smoking in the outside area;

ii)           Noisy dispersal of customers from the premises after closing; and

iii)         Noise emanating from inside the premises by customers and music.

The noise was so intrusive that residents were often unable to relax at home, work from home or even open windows due to the noise generated. It was recognised that the current licence had been appropriate for when the premises had been operated in the past. However, since 2013 when the current management had operated the premises the clientele had changed and it was now appropriate and proportionate to alter the conditions on the licence to address the number of issues raised in the review application. The layout of the opposite residential block, Rossmore Court, was detailed especially with regard to how noise reflected around the courtyard area.

Councillor Robert Rigby, representing local residents living opposite the premises addressed the Sub-Committee in support of the review. The premise was situated in a residential area and was currently creating noise disturbance to the residents living opposite. It was very popular with students studying at the nearby London Business School and it also attracted patrons from sporting clubs operating out of Regent’s Park. Events being held at Lords Cricket Ground also attracted a large number of customers and these caused substantial noise disturbance. It was highlighted that the current licence was not appropriate and required  ...  view the full minutes text for item 4.