Agenda item

1 Keyham House, Westbourne Park Road, London, W2 5UH

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

Westbourne

Ward/ Not in

Cumulative Impact Area

1 Keyham House

Westbourne Park Road

London

W2 5UH

New

Premises

License

19/07407/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 29th August 2019

 

Membership:           Councillor Tim Mitchell (Chairman), Councillor Peter Freeman and Councillor Shamim Talukder

 

Legal Adviser:         Barry Panto

Policy Adviser:         Kerry Simpkin

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Kevin Jackaman

 

Relevant Representations:    Environmental Health, the Westbourne Safer Neighbourhood Panel, one local resident and the South East Bayswater Resident’s Association

 

Present: Mr Ureshi Hirani (Applicant), Mrs Sally Fabbricatore (Environmental Health), Mr John Zamit (South East Bayswater Residents Association) and Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing the South East Bayswater Residents Association)

 

1 Keyham House, Westbourne Park Road, London, W2 5UH

(The Premises”)

19/07407/LIPN

 

1.

Sale by Retail of Alcohol – Off Sales

 

Monday to Saturday: 08:00 to 23:00

Sunday: 10:00 to 22:30

 

 

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 Nilkanth Express Superstore Ltd (“The Applicant”) for a new premises licence in respect of 1 Keyham House, Westbourne Park Road, London, W2 5UH.

 

The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the applicant.

 

Mr Hirani, the applicant, explained that the Premises operated as a convenience store providing a wide range of products to the local community. He had operated the Premises for 6 years and had previously had a licence to sell alcohol. This had been surrendered in order to allow his son, who was under the age of 18 at the time, to take over the management of the Premises. His son was now aged 18 and therefore an application had been made to once more allow the provision of off sales of alcohol from the Premises. All staff who worked at the store were provided with the required training and a personal licence holder would be on site at all times when alcohol was available for sale.

 

Mrs Fabbricatore, representing Environmental Health, confirmed that she attended a site visit to the Premises. The aspects to the late-night refreshment provision included a self-service microwave where customers could heat up food, a hot cabinet which displayed heated food products for sale and a self-service coffee machine. No hot food would be consumed on the Premises with the late-night refreshment element forming only a small part of the operation. In terms of the proposed alcohol provision the applicant had been agreeable to accepting the conditions proposed by EH and the Police. The hours originally proposed for the sale of alcohol had also been scaled back to a terminal hour of 23:00 hours Monday to Saturday and 22:30 on Sundays. Mrs Fabbricatore also advised of some potential changes to the conditions to avoid any duplication. Overall, EH was satisfied that appropriate training would be provided to the staff, the layout of the Premises was considered acceptable and sufficient controls would be in place to appropriately control sales of alcohol and late-night refreshment.

 

Mr Zamit, representing the South East Bayswater Residents Association, advised that he had observed the operation of the Premises during the Notting Hill Carnival held in 2018. Following his observations, he was reassured by what he had seen and was satisfied that it was run by a responsible operator. The late-night refreshment aspect of the application was not a cause for concern however a couple of areas still required addressing. To help ensure that any potential future problems could be resolved appropriately it was requested that a direct telephone number to the manager of the Premises be made available to local residents. Also, to prevent any potential street drinking issues from arising a further condition was suggested to prevent the sale of any spirit miniatures.

 

Mr Brown, from the Citizens Advice Bureau Licensing Advice Project, addressed the Sub-Committee on behalf of The South East Bayswater Residents Association. He advised of some potential duplication of conditions on the licence and how several could be substituted with the Council’s model conditions. There was an initial concern over the potential for the Premises to operate as a late-night refreshment venue but the condition requiring any licensable activities to be ancillary to the main function of the Premises as a convenience store addressed this.

 

In response to questions from the Sub-Committee Mr Hirani advised that waste from the Premises was disposed of by the Council’s waste disposal services on Mondays, Wednesdays and Fridays. It was stored at the side of the Premises and not on the public highway. With regards to the sale of spirit miniatures Mr Hirani explained that these would be mainly sold to elderly customers who enjoyed a single drink in the evenings and therefore did not want to buy a full bottle. He was not aware of any street drinking issues in the area and all miniatures would be displayed behind the counter. Following discussions between all parties Mr Hirani agreed for conditions to be added to the licence to address any concerns raised. These included prohibiting any sales of spirit miniatures less than 7cl and for prominent signage to be displayed indicating the permitted hours for the sale of alcohol.

 

After careful consideration the Sub-Committee agreed to grant the application. The Sub-Committee welcomed that following consultation the applicant had reduced the terminal hour for the sale of alcohol to 23:00 Monday to Saturday. The agreement for further conditions to be added to the licence was also noted to prevent any potential street drinking issues. These included prohibiting sales of miniatures less than 7cl and requiring prominent signage to be on display setting out the permitted hours for the sale of alcohol. A further additional condition was also imposed, with the applicant’s agreement, that a direct telephone number for the manager should be publicly available at all times the Premises was open. Additional restrictions also provided reassurance to the Sub-Committee including ensuring licensable activities would be ancillary to the Premises operating as a convenience store and prohibiting any sales of super strength beer, lager or cider. It was also noted that there were to be no sales of late-night refreshment for consumption on the premises. The Sub-Committee was satisfied that the proposed conditions, as amended, were appropriate and proportionate for the local area and would ensure that the licensing objectives were promoted. The Sub-Committee therefore granted the application accordingly.

 

2.

Late Night Refreshment

 

Monday to Saturday: 23:00 to 00:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

3.

Hours Premises are Open to the Public

 

Monday to Saturday: 07:00 to 00:00

Sunday: 08:00 to 23:00

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

 

Conditions attached to the Licence

Mandatory Conditions

 

1.        No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.        No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.        Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.        (1)      The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2)      The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)      The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)     a holographic mark, or

 (b)     an ultraviolet feature.

 

5(i)     A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

5(ii)     For the purposes of the condition set out in paragraph 5(i) above -

 

(a)      "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b)      "permitted price" is the price found by applying the formula -

 

P = D+(DxV)

 

Where -

          

(i)       P is the permitted price,

(ii)       D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)      V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c)       "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                    

(i)        the holder of the premises licence,

(ii)       the designated premises supervisor (if any) in respect of such a licence, or

(iii)      the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)      "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)      "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

5(iii).   Where the permitted price given by Paragraph 5(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

5(iv).     (1)    Sub-paragraph 5(iv)(2) below applies where the permitted price given by Paragraph 5(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)      The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Conditions Consistent with the Operating Schedule

 

6.        On the Sunday and Monday of the Notting Hill Carnival:

           a) There will be no sale of alcohol in glass vessels from the premises; and

           b) There will be no external advertisement of alcohol promotions at the premises.

           c) There shall be no sale of alcohol from the premises after 20:00 hours.

 

7.       The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as newsagents/convenience store.

 

8.        There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

9.        There shall be no consumption of hot food or hot drink on the premises between the hours of 23:00-05:00 hours.

 

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

 

11.      No more than 15 % of the sales area to be used at any one time for the sale, exposure for sale, or display of alcohol.

 

12.      No super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises except for premium beers, lagers or ciders, sold in glass bottles.

 

13.      There shall be no self service of spirits on the premises except for spirit mixtures below 5.5% Alcohol by Volume.

 

14.      Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

 

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

 

16.      A 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.

 

17.      All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

18.      A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log 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.

 

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

 

21.      No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 23.00 hours and 07.00 hours.

 

22.      Deliveries to the premises shall only take place between 0700 and 2300 hours.

 

23.      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.

 

24.      The Licence will have no effect until the premises have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence. Conditions proposed by interested party

 

25.      No miniature bottles of spirits of less than 7cl or shall be sold from the premises.

 

26.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

 

Supporting documents: