Agenda item
Victoria Exchange Food & Wine, 30-31 Leinster Terrace, London W2 3ET
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.6
Thursday 24th March 2022
Membership: Councillor Tim Mitchell (Chair) Councillor Heather Acton and Councillor Rita Begum
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Aaron Harding
Committee Officer: Kisi Smith-Charlemagne and
Jack Robinson-Young
Presenting Officer: Roxsana Haq
Application for a New Premises License in respect of Victoria Exchange Food & Wine 30-31 Leinster Terrace London W2 3ET 21/14639/LIPN
Other Parties Present: Mr Adel Radwan (Applicant), Mr John Zamit (South East Bayswater Residents Association)
Full Decision
Premises
30-31 Leinster Terrace London W2 3ET
Applicant
Victoria Exchange Food & Wine
Cumulative Impact Area
None
Ward
Lancaster Gate
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a convenient store selling Off sales of alcohol Monday to Saturday 08:00 to 23:00
and Sunday 10:00 to 22:30. Representations were received from the Metropolitan Police Service, Environmental Health Service, The South East Bayswater Residents Association and 1 Local Resident. The Premises is located within the Lancaster Gate Ward and is not in any area of Cumulative Impact or Special Consideration Zone.
There is a resident count of 255.
Activities and Hours applied for
Sale by Retail of Alcohol (Off only)
Monday to Saturday 08:00 to 23:00
Sunday 10:00 to 22:30
There are no seasonal variations
Hours the Premises are Open to the Public
Monday to Saturday 08:00 to 23:00
Sunday 10:00 to 22:30
There are no seasonal variations
Representations received
• Metropolitan Police (PC Reaz Guerra) Withdrawn
• Environmental Health (Maxwell Koduah) Withdrawn
• South East Bayswater Residents Association (SEBRA) (John Zamit)
• 1 Local resident
Summary of issues raised
· The Metropolitan Police and Environmental Health withdrew their initial objections after agreeing conditions with the Application regarding the potential for Public Nuisance, The Prevention of Crime and Disorder and The Protection of Children from Harm.
· SEBRA had concerns regarding deliveries and refuse collections but were happy to discuss these with the Applicant during the Sub-Committee hearing.
· The Local Resident who objected stated that this could lead to an increase in noise, anti-social behaviour and littering in the area, they provided a photograph of litter outside the Premises.
Policy Position
Policies HRS1 and SHP1 apply under the City Council’s Statement of Licensing Policy (SLP).
SUBMISSIONS AND REASONS
The Presenting Officer Ms Roxsana Haq summarised the application to the Sub-Committee. She confirmed that this wasan application for a New Premises Licence in respect of Victoria Exchange, Food & Wine 30-31 LeinsterTerrace London W2 3ET. The application has been made by Victoria London Limited (represented by Mr Adel Radwan). The Applicant has applied for the retail sale by of alcohol Monday to Saturday 08:00 to 23:00 and Sunday 10:00 to 22:30. Full details can be found at page 35 of the report. Representations have been made by 2 interested parties, in attendance today is Mr John Zamit on behalf of SEBR. Representations were received by The Environmental Health Service and the Metropolitan Police Service, however following agreement of conditions these were withdrawn. The Premises are situated within the Lancaster Gate Ward and do not fall within the West End Cumulative Impact Zone or Special Consideration Zone.
Mr Radwan the Applicant addressed the Sub-Committee. He advised that he had had a licence for the previous 14 years without any cause of complaint, but it had lapsed. He said that the Licensing Authority had written to him explaining the process and that was the reason why a new application had been submitted.
The Sub-Committee noted that the Applicant had been in dialogue with Mr Zamit and had accepted the conditions that were on the previous licence with a few amendments regarding keeping the outside space clean and tidy.
Mr Zamit appearing on behalf of SEBRA addressed the Sub-Committee and advised SEBRA is in support for the business. SEBRA has known them a long time and do not have any specific issues with the Applicant save for one very slight issue which concerns lockable cabinets, and SEBRA would like this conditioned on the Premises Licence.
Mr Zamit then went onto say that there is a particular problem in Queensway with underage drinking and drugs but in the wider sense does not affect this Premises. SEBRA is here to support the Applicant unless we heard other things were being raised.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application. There is no policy presumption to refuse the application.
The Sub-Committee noted that the Responsible Authorities who had objected to the application withdrew their objections after agreeing conditions with the Applicant which was welcomed by the Sub-Committee.
The Sub-Committee was satisfied that the application met the requirements of the SHP1 Policy under the City Council’s SLP and that the Applicant would be a responsible operator that would run his Premises well when it came to the Off-sale provision of alcohol and the promotion of the licensing objectives.
The Sub-Committee imposed conditions on the Premises which would mean that the Applicant is responsible for the proper management of alcohol to its customers to include a requirement for Off Sales to be in sealed containers, limiting the strength of alcohol to be sold as well as limiting the shop floor area of the Premises to 15% dedicated to the display of alcohol and for alcohol to be kept in lockable cabinets outside of the permitted hours for such sales. There are conditions that require the Applicant to have CCTV, regulate noise on the Premises and waste management and deliveries so as not to cause a nuisance to nearby residents.
The Sub-Committee concluded that the conditions it has imposed on the Premises would mitigate the concerns raised by all of those who objected to the application when it came to issues regarding nuisance and crime and anti-social behaviour in the area which will have the overall effect of promoting both the crime and disorder and public nuisance licensing objectives.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives and was policy compliant.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives: -
1. To grant permission for the Sale by Retail of Alcohol (Off only) Monday to Saturday 08:00 to 23:00 Sunday 10:00 to 22:30.There are no seasonal variations.
2. To grant permission for the Opening Hours of the Premises:Monday to Saturday 08:00 to 23:00 Sunday 10:00 to 22:30.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 a hearing
5. Intoxicating Liquor is to be displayed or exposed for sale on shelving or in cabinets all of which outside of the hours of the Premises Licence can be secured behind locked metal grills or locked rigid shutters or secured behind locked cabinet doors.
6. The licence will have no effect until the CCTV and locked metal grills or locked rigid shutters or locked cabinet doors, have been assessed as satisfactory by the Metropolitan and this condition has been removed from the licence.
7. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
8. 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 and will include the external area immediately outside the premises entrance. 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.
9. 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.
10. 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.
11. 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 refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
12. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
13. 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.
14. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.
15. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
16. 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.
17. 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 from the Licence by the licensing authority.
18. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20.00 hours and 08.00 hours on the following day.
19. No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day.
20. 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
24 March 2022
Supporting documents:
-
Victoria Echange Food And Wine 30-31 Leinster Terrace Report_, item 3.
PDF 1 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted