Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bryanston and Dorset Square None* Edgware Road**	76 Edgware Road,         W2 2EG	New Premises Licence	21/0496/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 3 (“The Committee”)

 

Thursday 4 November 2021

 

Membership:           Councillor Jim Glen (Chairman) Councillor Richard Elcho and Councillor Maggie Carmen

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Georgina Wills

                                Presenting Officer:  Kevin Jackaman

 

Application for a New Premises Licence in respect of76 EDGWARE ROAD LONDON W2 2EG 21/0496/LIPN/LIPN

 

Present:  Jamal Hafeez (Applicant Company, Jenab 2 Limited), PC Bryan Lewis (Metropolitan Police) and Maxwell Koduah (Environmental Health) 

 

Full Decision

 

Premises

 

76 Edgware Road London W2 2EG

 

Applicant

 

Jenab 2 Limited

 

Cumulative Impact Area

 

None

 

Ward

 

Bryanston And Dorset Square

 

Special Consideration Zone

 

Edgware Road

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises intends to trade as a 24-hour Dessert / Coffee Parlour.

 

 

 

 

 

Activities and Hours applied for

 

Hours premises are open to the public

 

Monday to Sunday 08:30 to 05:00

 

Late Night Refreshment: Indoors and Outdoors

 

Monday to Sunday 23:00 to 05:00

 

Representations received

 

• Metropolitan Police (PC Bryan Lewis)
• Environmental Health (Maxwell Kudauh) 
• Connaught Court Tenants Association
• One local resident

 

Summary of issues raised by objectors

 

• The Metropolitan Police had maintained representation as there were Insufficient conditions proposed to support the Prevention of Crime and Disorder, Licensing Objective. The Environmental Health, Connaught Court Tenants Association and a local resident had maintained representation on the grounds of the prevention of Crime and Disorder, Public Nuisance and Public Safety.

 

Policy Position

 

Policies HRS1, CIP1, FFP1(A) and SCZ1 of the City of Westminster Statement of Licensing Policy apply.

 

DECISION AND REASONS

 

The Sub-Committee considered an application by Jenab 2 Limited for a New Premises Licence in respect of 76, Edgware Road, London W2 2EG. The Presenting Officer provided a summary of the Application and advised that representation had been maintained by the Metropolitan Police, Environmental Health, Connaught Court Tenants Association and a local resident.

 

Environmental Health had submitted additional information, and these were circulated to all parties. The Premises is situated in the Bryanston And Dorset Square Ward and in the Edgware Road Special Consideration Zone.

 

The Applicant, Mr Jamal Hafeez, of Jenab 2 Limited stated that a late-night refreshments licence was sought. The Premises is to offer desserts such as gelato ice creams, waffles, and crepes. Patrons would include families and young people. The operation was part of the Cookies and Creams Franchise and did not offer alcohol or provide shisha. Mr Hafeez operated a similar premises in the London Borough of Tower Hamlets that ceased operations at 03:30. There have been no adverse incidents at this site. Mr Hafeez commented that he was aware of the concerns regarding operating after 00:00. However, the Premise was located near Hyde Park and neighbouring establishments operated until later hours.

 

Mr Hafeez explained that a late-night refreshment had been sought as trading during the earlier hours was slow. Trade usually increased during the latter part of the day and when the Premises was about to close. He had met with Environmental Health and agreed conditions proposed by the Service and those by the Metropolitan Police.

 

The Sub-Committee was advised that the Premises had numerous CCTV cameras and would have a staff member stationed at the premises’ doors. This was to ensure that customers have a good experience and the positive reviews about the Premises continued to be made.

 

Mr Hafeez commented that the Premises would provide a ‘good offer’ to the locality and be a divergent for the large footfall that was already present in the vicinity. There are several security patrols along Edgware Road and a door supervisor would be present at the door from 22:00. Furthermore, the Premises was part of a franchise and was monitored on how they operate which included regular audits and staff training.

 

Mr Hafeez confirmed that a planning application for external seating would be sought and that chairs would be rendered unusable at 23:00. The Sub-Committee was advised that the Premises had a private courtyard and that the Premises had been refurbished and was largely seated.

 

Maxwell Koduah, Environmental Health Officer’s representations had been maintained as the Premises operational hours were outside core hours. Mr Koduah advised that he had met with the Applicant and had agreed additional conditions. These included a trained person to be stationed at the door from 23:00 and that the Applicant should be required to undertake a risk assessment and increase the security staff numbers if deemed appropriate. He advised that it was preferred for the Premises to cease operation at an earlier time. 

 

In response to questions from the Sub-Committee, Mr Hafeez confirmed that he would accept the operational hours to cease at 03:00 rather than 05:00. Following questions from the Policy Officer, Mr Hafeez confirmed that ‘trained personnel’ and staff members had extensive training, and this included door control and monitoring waiting time. He advised that trained staff members were not SIA registered and that Team Leaders also monitored the doors.

The Sub-Committee noted that door staff involved in security needed to be SIA registered and was advised by the Legal Officer that the Applicant should seek independent legal guidance about requisite training for door security.

PC Bryan Lewis, Metropolitan Police advised that he had liaised with the Applicant’s Agent and commented that the Premises was not a high-risk venue. PC Lewis highlighted that no alcohol or shisha would be offered at the Premises.  He commented that representations would have been withdrawn if conditions had been agreed earlier. PC Lewis advised that it would be beneficial for the Premises to have registered door security, and this would reduce risks associated with later operational hours and commented that a number of fast-food premises had SIA registered door supervisors. Mr Hafeez advised the Sub-Committee that the Premises had adequate number of staff to control patrons.

 

In response to the Legal Officer, Mr Hafeez confirmed that he accepts a condition which requires patrons to be supervised in the external area to ensure that there are no public nuisance and that the public highway is not obstructed. In response to the Environmental Officer, Mr Hafeez agreed that a condition which requires for last entry to be at 02:00 would also be acceptable.

 

CONCLUSION

 

The Sub-Committee notes that the Application was for a new Premises License in the Edgware Road Special Consideration Zone. The Sub-Committee notes that the Applicant had agreed to conditions and reduced the operational hours to 03:00 and that external chairs would be rendered unusable at 23:00. The Sub-Committee also took into account that the Applicant would amend their Security Door staff Condition to state that a risk assessment of the door would be conducted and following assessment if deemed appropriate, a qualified SIA Door Supervisor would be employed.  The Risk Assessment should be made available to the Appropriate Authorities

 

The Sub-Committee has determined the application for a grant of a new Premises Licence under the Licensing Act 2003 (“The Act”).

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -    

 

1. To grant permission for Late Night Refreshment Indoors and Outdoors Mondays To Sundays 23.00 to 03.00.

 

2. To grant permission for the premises to open to the public Mondays to Sundays 08.30 to 03.00.

 

3. That the new premises licence is subject to any relevant mandatory conditions.

 

4. That the new premises licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing with the agreement of the Applicant

 

 

5. 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

 

6. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons

 

7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly

 

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

 

9. All outside tables and chairs shall be rendered unusable by 23.00 hours each day

 

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

 

11. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day

 

12. 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

 

13. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day

 

14. No deliveries from the premises, either by the licensee or a third party shall take place between 23:00 and 08:00 hours on the following day

 

15. 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

 

16. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order

 

17. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided

 

18. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated

 

19. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed Basement 25 persons and Ground Floor 25 persons.

 

20. At least 1 trained personnel shall be on duty at the entrance of the premises from 23.00 until 30 minutes after trading hours to supervise the entry and exit of patrons.

 

21. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

 

(a) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(b) 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 and all its external seating areas.

(c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(d) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

22. 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

 

23. An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:

 

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received concerning crime and disorder

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any visit by a relevant authority or emergency service.

 

24. The need for door supervisors at the premises, shall be on a written risk assessed basis and that risk assessment shall be available to the responsible authorities whilst the premises is open

 

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

 

The Licensing Sub-Committee

4^th November 2021