Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street None None	167-169 Great Portland Street, London, W1W 5PA	New Premises Licence	21/01011/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 2 - Wednesday 12 May 2021

 

Membership:          Councillor Tim Mitchell (Chair), Councillor Heather Acton and Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Horatio Chance

                              Policy Officer:          Aaron Hardy

                              Committee Officer:  Matt Gaskin

                              Presenting Officer:  Kevin Jackaman

 

Application for a New Premises Licence 21/01011/LIPN - Full Decision

 

Premises

 

167-169 Great Portland Street,London, W1W 5PA

 

Applicant

 

Quick Commerce Ltd, represented by Mr Robert Botkai and Mr Andrew Sanders (Winkworth Sherwood)

 

Cumulative Impact Area

 

This Premises is not in a Cumulative Impact Area.

 

Ward

 

Marylebone High Street.

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises will be stocked with convenience goods including alcohol for packaging to fulfil customer orders made online or via an App. There is a resident count of 158 within the immediate area.

 

Activities and Hours applied for

 

Sale by retail of alcohol [off sales]

 

Monday to Sunday 00.00 to 23.59

 

Alcohol delivery times

 

08:00 – 00:00 Monday to Saturday and 09:00 - 23:00 Sunday.

 

Hours premises are open to the public (as a click and collect premises)

 

Monday to Sunday 09.30 to 16.30

 

Representations received

 

·       Metropolitan Police (PC Adam Deweltz)

·       Environmental Health (“EH”) (Sally Fabbricatore / Maxwell Koduah)

·       Five local residents

·       Representatives from the Marylebone Association, Hallam Court Residents’ Association, Weymouth Court Residents Association and Portland Village Association.

·       Councillor Karen Scarborough (ward member for Marylebone High Street)

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of undermining the licensing objectives, specifically in relation to public nuisance, the prevention of crime and disorder, protection of children and public safety.

 

·       The hours sought for the supply of alcohol are beyond those of Westminster’s core hours and therefore against policy.

 

Policy Position

 

Policies HRS1 and OS1 of the City of Westminster Statement of Licensing Policy apply.

 

DECISION AND REASONS

 

Mr Kevin Jackaman summarised the application and advised that an additional submission had been received, from the applicant and Mr Richard Brown from Citizens Advice Westminster (who was representing local residents’ associations and others who had objected to the application), and these had been circulated previously to the Sub-Committee . An updated operating schedule for the Premises was circulated on behalf of the applicant on 11 May and this was noted by the Sub-Committee.

 

Mr Robert Botkai noted that no complaints had been made against the Premises to date. Constructive discussions had been held with interested parties resulting in an updated operating schedule and agreement on conditions. Mr Botkai highlighted the verification processes carried out in relation to the sale of alcohol and the contained nature of the operations resulting in no loitering of riders, therefore reducing disturbance to nearby residential addresses. To further prevent local disturbance, it was noted that delivery e-bikes are virtually silent and there is a no-smoking policy immediately outside the premises which would not affect residents.

 

Mr Botkai noted the 24-hour licence applied for in relation to the sale of alcohol but clarified the alcohol delivery times were from 08:00 – 00:00 Monday to Saturday and 09:00 - 23:00 Sunday. The 24-hour licence is required for the technical appropriation and preparation of the goods. The goods are set aside at the Premises to prepare for delivery, and this is technically when the sale is taking place. Section 190 of the Act stipulates that such a licence is needed in this case. Parties were agreed to ensure this nuance was highlighted appropriately in the operating schedule.

 

Mr Joe Falter of Quick Commerce Ltd outlined the thorough recruitment processes, training, central support and monitoring of ‘Zapp’ riders in order to minimise disruption of their activities and to ensure a high quality of customer service. In response to questions from the Sub-Committee, Mr Falter confirmed that late afternoon / early evening were the busiest times for deliveries, but that this was variable depending on the day.

 

Mr Maxwell Koduah, representing Environmental Health, noted the extensive and positive discussions held between the applicant and Mr Botkai resulting in the revised operating schedule. Mr Koduah maintained his representation due to the unusual nature of the 24-hour supply of alcohol licence applied for.

 

The Police had maintained their representation on the grounds of prevention of crime and disorder. However, PC Adam Deweltz welcomed, and agreed in principle, with the updated operating schedule and agreed conditions including maintaining a Premises Operational Management Plan, the changed times of the delivery of alcohol and ensuring meetings between the license holder and residents are held. However, PC Deweltz argued in favour of amending the alcohol delivery times further to be 08:00 - 23:00 Monday to Saturday and 09:00 - 22:30 Sunday in line with the Council’s core hours. The 24/7 sale of alcohol licence applied for may set a precedent for other establishments, such as off-licenses, to apply for a similar licence.

 

Mr Richard Brown noted the extensive engagement between parties resulting in the revised operating schedule and expressed his satisfaction with these conditions, stressing the importance of ensuring alcohol delivery is limited to the hours outlined in the operating schedule. Mr Brown commended the applicant’s training programme offered to staff, the direct employment of riders and the facilitation of a waiting area in the Premises so riders are not loitering in the street.

 

Mr Brown highlighted the commitment of the applicant to ensure an attractive frontage to the Premises and requested this as an informative which Mr Botkai, on behalf of the applicant, had no objection to. Mr Brown emphasised the conditions negotiated with the applicant on, for example, meeting residents on a quarterly basis to review any issues that may arise.

 

Mr Mark Gazaleh and Mr Guy Austin of local resident associations noted the constructive conversations held with the applicant in order to mitigate any potential issues that could arise. Ms Rita Shah highlighted the need to ensure an attractive frontage and prevent smoking outside the Premises by ensuring riders could be easily identifiable. Ms Shah was sympathetic towards the need for a 24/7 alcohol licence but wanted to ensure that the ordering technology prevented orders being placed outside of the conditioned hours. Ms Shah supported the comments from the Police regarding revised delivery hours to align with the Council’s core hours policy.

 

With regards to the core hours policy, Mr Botkai argued that applications outside of these hours should be taken on their merits, would not set a precedent and that the usual factors regarding noise and disturbance do not apply to this application due to the remote nature of the ordering of alcohol. Mr Botkai confirmed that riders will wear distinct and professional uniforms which would be easily identifiable, in response to questions from interested parties.

 

The Sub-Committee noted the further additional information provided by the applicant as to how it will deal effectively and efficiently with its delivery drivers, noise, health and safety, challenge 25 and a neighbours’ policy. The Sub-Committee was persuaded by the applicant that he was to be a responsible operator by having an Operational Management Plan in place that would help mitigate the concerns of those objecting and promote the licensing objectives. The Sub-Committee was pleased that the applicant had worked with the Responsible Authorities, residents, and the Resident Associations whereby agreement had been reached on many of the contentious issues, including proposed conditions and was reassured of the direct employment of riders by the applicant.

 

The Sub-Committee, in its determination of the matter, concluded that the logistical operation of the Premises was such that it required a 24-hour licence and that section 190 of the Act had been met. The Sub-Committee was satisfied that a 24-hour licence for the sale of alcohol was appropriate in all the circumstances of the case but that the delivery of alcohol would be at different times as specified below. The Sub-Committee arrived at this decision based upon the merits of the application and the various safeguards and measures the applicant is to implement in the running of the Premises that will uphold the promotion of the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Sub-Committee has decided, after considering all of the individual circumstances of this case and the promotion of the four licensing objectives that the application is granted subject to the additional conditions and informatives as follows:

 

1.               To grant permission for the Sale by Retail of Alcohol Off the Premises between 08:00 to 24:00 hours Monday to Saturday and Sunday 09:00 to 23:00 hours.

 

2.       To grant permission for the Hours the Premises are Open to the Public

Monday to Sunday 00:00 to 23:59 hours. Seasonal Variations: Members of the public will only have access to the premises between 09:30 and 16:30 hours for the purpose of click and collect.

                   

3.       That the Licence is subject to any relevant mandatory conditions.

 

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 the hearing

 

5.       The sale of alcohol from the premises shall be:

·       for delivery only by a delivery rider.

·       for click and collect by customers between 09:30 and 16:30 hours.

·       Monday to Saturday 08:00 to 00:00 hours and Sunday 09:00 to 23:00 hours. 

 

6.       The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. 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.

 

7.       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 is 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.

 

8.       An incident log/register shall be maintained to record all incidents of crime and disorder occurring on delivery of products. This log/register will be available for inspection by a police officer or other authorised officer on request.

 

9.       There shall be no signage or advertisement, or promotional material affixed to the outside of the premises that give any reference to the sale of alcohol taking place at the premises.

 

10.     The premises licence holder will ensure that an age verification policy will apply whereby all delivery riders will be trained to ask any customer to whom alcohol is delivered, who appears to be under the age of 25 years to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply to this licence.

 

11.     A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises for click and collect customers 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 or other form of identification that complies with any mandatory condition that may apply to this licence.

 

12.     The Premises Licence Holder shall ensure that all delivery riders shall receive training in age restricted sales.

·       Induction training must be completed and documented prior to the delivery of alcohol by the rider.

·       Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.

 

Training records will be available for inspection by a police officer or other authorised officer on request.

 

Training records will be electronically stored by the premises licence holder for a period of 12 months.

 

13.     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 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.

 

14.     The Premises Licence Holder shall ensure that all riders shall be trained to record refusals of sales of alcohol in a refusals log/register. The log/register will contain:

·                 details of the time and date the refusal was made;

·                 the identity of the rider refusing the sale;

·                 details of the alcohol the person attempted to purchase.

 

This log/register will be available for inspection by a police officer or other authorised officer on request.

 

15.     Members of the public will not be allowed to enter the premises save for the purpose of click and collect between 09:30 and 16:30 hours.

 

16.     Delivery of alcohol shall be to a bona fide residential address or bona fide place of work.

 

17.     Between 18:00 and 08:00 hours riders shall be permitted to collect orders and deliver by pedal bike, electric bike (or other electric vehicle) only.

 

18.     The Premises Licence Holder shall ensure that riders will not be permitted to smoke in the immediate vicinity of the premises.

 

19.     The Premises Licence Holder shall ensure riders will not be permitted to congregate in the immediate vicinity of the premises.

 

20.     The Premises Licence Holder shall ensure that riders are instructed not to loiter in the vicinity of residential premises.

 

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

 

22.     No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day.

 

23.     Prominent, clear and legible notices must be displayed at all exits requesting staff and couriers to respect the needs of local residents and to leave the premises and the area quietly.

 

24.     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.

 

25.     The premises licence holder shall not sell super-strength beer, lager,  cider or spirit mixtures with an alcohol content over 5.5% ABV (alcohol by volume) save for products agreed (email will suffice) with the police This restriction shall not apply in respect of the specialist branded, premium priced products - for example craft ales, local or microbrewery specialist products, boxed gifts or national celebratory/commemorative beer, lager or cider.

 

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

 

27.       There shall be no self-service of alcohol by members of the public on the premises.

 

28.       Deliveries to the premises shall only take place between 07:00 and 23:00 hours save for newspapers/magazines, milk and bread.

 

29.       An incident log/register shall be maintained to record all incidents of crime and disorder occurring on delivery of products and refused sales of alcohol (by either way of delivery or click and collect from the premises). This log/register shall be made available for inspection by a police officer or other authorised officer on request.

 

30.       The Premises Licence Holder shall ensure that all delivery riders will be employed directly by the licence holder or a group company of the licence holder.

 

31.       The delivery of alcohol from the premises may only take place between the hours of 08:00 to 24:00 Monday to Saturday and 09:00 to 23:00 Sunday.

 

32.       The premises shall be operated in accordance with an Operational Management Plan prepared by the premises licence holder. The Operational Management Plan shall include details of how the premises licence holder will maintain appropriate controls over the conduct of delivery personnel and storage of delivery vehicles.

 

33.       The Premises Licence Holder shall agree to meet with residents on a quarterly basis for the first 12 months of the licence in order to review and resolve any actual issues that may have arisen during this period and thereafter as often as is necessary agreed between the parties.

 

Informative

 

34.     The Premises Licence Holder has agreed to write to local residents and engage through the meeting process confirming their commitment to an attractive, well-managed external space/frontage that adds amenity to the neighbourhood.

 

35.     The Premises Licence Holder will strongly encourage staff to use the rear of the Premises for the purposes of smoking in an area that is so designated in order to reduce nuisance within the immediate vicinity that may adversely affect local residents.

         

If problems are experienced, then an application for a Review of the Premises licence can be made.

 

This is the Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

12 May 2021