Site Name & Address
Licensing Reference No.
Gorillas Technologies Ltd
425 Harrow Road
New Premises Licence
*Cumulative Impact Area
This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.
WCC LICENSING SUB-COMMITTEE NO. 3 (“The Committee”)
Thursday 8 July 2021
Membership: Councillor Jim Glen (Chairman) Councillor Heather Acton and Councillor Aicha Less
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Georgina Wills
Presenting Officer: Kevin Jackaman
Application for a New Premises Licence in respect of Gorillas Technologies Ltd Ground Floor 425 Harrow Road London W10 4RE 21/01695/LIPN
Gorillas Technologies Ltd Ground Floor 425 Harrow Road London W10 4RE
Gorillas Technologies Ltd represented by Mr Craig Bayliss of BCLP Law
Cumulative Impact Area
This Premises is not in a Cumulative Impact Area.
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 267 within the immediate area.
Activities and Hours applied for
Sale by retail of alcohol [off sales]
Monday to Sunday 08.00 to 00:00
Hours premises are open to the public
Monday to Sunday 08:00 to 00:00
There are no seasonal variations
· Metropolitan Police (PC Nicole Sondh) Withdrawn
· Environmental Health (Anil Drayan) Withdrawn
· Mr Shaun Dyos 75 Bravington Rd London W9 3AA
Summary of issues raised by objectors
· The Supply of Alcohol and for the hours requested may have the effect of increasing Public Nuisance in the area.
· Taking into consideration the licensing objectives in the Prevention of Crime and Disorder and in the Protection of Children from Harm, the Metropolitan Police are making a representation against this application as there is insufficient information in the operating schedule. Furthermore, the hours applied for are out of the core hours listed in the Westminster Licensing Policy.
· How much traffic does an alcohol delivery service running 16 hours a day/night create? The delivery routes going north from the address run through residential streets, at the moment it's quiet at night and possible to get a good night’s sleep there isn't much traffic. If hundreds of moped journeys are routed through this area on deliveries it will change the character and liveability of the area that has for the last 25 years been a peaceful place to live.
Policies HRS1 and OS1 of the City of Westminster Statement of Licensing Policy apply.
DECISION AND REASONS
Ms Abbott, presenting officer summarised the application to the Sub-Committee. This is an application for a new premises licence in respect of Gorillas Technologies Ltd, Ground Floor, 425 Harrow Road, London, W10 4RE. The application has been made by Gorillas Technologies UK Limited (represented by Mr Craig Bayliss of BCLP Law). The applicant has applied for retail by sale of alcohol. Full details can be found at page 42 of the report. Representations have been received by the Environmental Health Service and the Metropolitan Police Service but following the agreement of conditions they were later withdrawn. There has also been a representation received by an interested party, but they do not wish to attend today. The Premises are situated within the Harrow Road Ward and does not fall within the West End Cumulative Impact Zone or Special Consideration Zone.
Mr Craig Bayliss Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. Mr Baylis stated that the applicant provides an online grocery delivery service. Their unique selling point is that you download an APP on to your phone, order your groceries with a guarantee to deliver the goods within 10 minutes. It is a highly localised grocery delivery service.
Mr Baylis advised that about 20-25 similar licences have been applied for around London so far. They all operate in the same way and the public do not have any access to the stores. All the delivery drivers either use bicycles or electric bikes in order to minimise any noise and disturbance. All bikes are kept inside when they are not being used and the riders are also required to stay inside when they are on duty but not out delivering. Conditions have been agreed and there are no representations from local authorities.
Mr Baylis said that in relation to the 1 representation from a local resident, the resident seems to be concerned about noise from mopeds. Mr Baylis said that he did contact the resident and try and engage but did receive a response. He said that he wanted to put their mind at rest about noise from mopeds because these operators will only be using e-bikes or bicycles and there is no motorised noise from these vehicles.
Mr Baylis stated that the applicant has been operating since mid-April using the TENs regime and that no complaints have been received from local residents or anyone else in relation to the application.
The Sub-Committee noted the hours that have been applied for and the Councils core hours when it came to the selling of alcohol and the core hours policy for off-licences as stated in the SLP would be 08:00 to 23:00 hours Monday – Saturday and 09:00 – 22:30 hours on a Sunday and requested Mr Baylis to explain why the later hours were required.
In answer to the Sub-Committee questions Mr Bayliss advised that the he had discussed the hours with the Police and that the Premises operate between 08:00-midnight as these are the grocery delivery hours. Mr Baylis then referred the Sub-Committee to the Home Office Guidance which states within the discretion of the Sub-Committee it could grant a licence for the hours that the premises actually operates unless there is good reason to do so, we are not in a stress area. Mr Baylis said that in his submission the guidance should be followed and on that basis the hours applied for should be granted.
Mr Bayliss confirmed that the bikes are all branded,and all delivery drivers are employed directly by the applicant. There is ample room inside the Premises for the bikes to be stored overnight. Employees all wear branded clothing as well so that they are easily identifiable whilst out on their deliveries.
Mr Bayliss also confirmed that drivers wait and stay inside the Premises while orders are processed. An example was then given of the applicant’s operation in the London Borough of Camden. This is a very small shop and we did have issues with keeping the bikes outside which lead to complaints by residents and so the applicant is fully aware that this is done properly.
Mr Bayliss briefly outlined the procedure for ordering to the Sub-Committee. He stated that the customer at home would order the groceries, the order then arrives at the warehouse on a screen, one of the riders accepts the order and rides around the store picking the goods. The rider puts the goods in the branded delivery bag and does not leave the Premises until he has everything he needs. The applicant only does one delivery at a time in order to comply with the 10-minute delivery rule.
Mr Bayliss advised that the app can be used if a customer wanted to purchase alcohol such as a bottle of wine. There have been no issues in relation to problems with the alcohol delivery.
Mr Bayliss said that as far as the applicant operating under TENs was concerned this was around the 7 or 8 April and since then trading has been between 08:00- midnight which has carried them up to the end of June.
The Sub-Committee realises that it has a duty to consider each application on its individual merits. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.
The Sub-Committee noted that the applicant was an experienced operator in the running of these type of premises and had up to 25 premises already operating in a similar fashion. There have been no significant issues that had come to the attention of the Sub-Committee that would give cause for concern in relation to the management of the Premises on a day to day basis.
The Sub-Committee welcomed the fact that the applicant had been proactive in working with the Responsible Authorities which lead to the withdraw of those objections and 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 noted that the applicant had tried to engage with the one remaining local resident but to no avail. It was noted that the resident did not attend the hearing to give evidence but that the applicant had reassured the Sub-Committee that the concern expressed in relation to potential noise from mopeds would not be a concern because the bikes used are electric and do not have a motorised engine.
The Sub-Committee considered the evidence as to how it will deal effectively and efficiently with its delivery drivers, noise, health and safety, challenge 25 and the consideration that is to be given to residents late at night particularly when deliveries take place and that members of the public are not permitted in the Premises at any time.
The Sub-Committee was persuaded by the applicant that he was to be a responsible operator by having the necessary measures and safeguards in place that would help mitigate the concerns of those objecting and promote the licensing objectives.
The Sub-Committee, in its determination of the matter, concluded that the hours it imposed on the licence were appropriate and proportionate. The Sub-Committee noted that the Premises could operate with these hours without the sale of alcohol being delivered in any event. The Sub-Committee conditioned the sale of alcohol to be in sealed containers.
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 as follows:
1. To grant permission for the Sale by Retail of Alcohol Off the Premises between 08:00 to 00:00 hours Monday to Sunday. There are no seasonal variations.
Monday to Sunday 08:00 to 00:00 hours. There are no seasonal variations.
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. Delivery riders will only use e-bikes or bicycles.
6. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) 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. A Challenge 21 or 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.
9. A record shall be kept detailing all refused sales of alcohol upon delivery. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record 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.
10. 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 delivery rider will carry out age verification on delivery. The customer will be asked to provide ID to prove their age in accordance with Challenge 21 or 25 scheme. If the rider is not satisfied, then the alcohol in the order will be withheld.
11. All delivery riders shall receive training in age restriction sales.
(a) Induction training must be completed and documented prior to the delivery of alcohol by the rider
(b) Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.
(c) Training records will be available for inspection by a police officer or other authorised officer on request.
(d) Training records will be electronically stored by the licence holder for a period of 12 months.
12. Members of the public will not be permitted to enter the premises.
13. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
14. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.
15. No deliveries from the premises, either by the licensee or a third party shall take place between (00:00) and (08:00) hours on the following day.
16. Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the license premises.
17. Drivers shall wait inside the premises between deliveries/for deliveries.
18. All orders shall be taken by the premises at least 15 minutes before the terminal hour for licensable activities on the premises on any night.
19. Deliveries will only be made to bona fide residential or business addresses.
20. The Premises Licence Holder shall ensure that riders will not be permitted to smoke in the immediate vicinity of premises.
21. The Premises Licence Holder shall ensure that riders will not be permitted to congregate in the immediate vicinity of the premises.
22. The Premises Licence Holder shall ensure that riders will be instructed not to loiter in the vicinity of residential premises.
23. Management at the venue shall carry out a weekly written Risk Assessment to
determine whether SIA are required. The risk assessment will be available to view by Responsible Authorities upon request.
If problems are experienced, then an application for a Review of the Premises licence can be made.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
8 July 2021