Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park None* Edgware Road**	145 -147 Edgware Road, W2 2HR	New Premises Licence	21/14599/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

 

Thursday 31 March 2022 

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aziz Toki

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Emanuela Meloyan

 

 

Application for a New Premises Licence in respect of 145-147 Edgware Road London W2 2HR 21/14599/LIPN

 

 

                                             Full Decision

 

Premises

 

145-147 Edgware Road

London W2 W2HR

 

Applicant

 

Fancy Delivery UK Limited

 

Cumulative Impact Area

 

None

 

Ward

 

Hyde Park

 

Special Consideration Zone

 

Edgware Road

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposes to operate as a hub and supermarket for groceries to be collected in store and for delivery. This will include the sale of alcohol.

 

There is a resident count of 218.

 

 

 

 

Representations received

 

•        Environmental Health Service (Maxwell Koduah - WITHDRAWN).

•        Metropolitan Police Service (PC Reaz Guerra).

•        1 local resident.

 

Summary of issues raised by objectors

 

The Metropolitan Police Service had maintained representation that there had been insufficient detail contained within the operating schedule to promote the licensing objectives provided. Following consultation with the Applicant, Environmental Health withdrew their representation following the adoption of conditions.

One local resident submitted an objection citing noise, hygiene and safety concerns should the licence be granted.

 

Policy Position

 

HRS1 – applications within the core hours set out below in this policy will be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with particular regard to the following:

 

The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance, and the protection of children from harm.

 

SCZ1 – applications within a designated SCZ should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

DC1 – applications for a delivery centre outside the West End Cumulative Impact Zone will generally be granted subject to:

 

1.     The application meeting the requirements of policies CD1, PS1, PN1 and CH1.

2.     The hours for licensable activities are within the Council’s Core Hours Policy HRS1.

3.     The applicant having taken account of the Special Consideration Zone Policy SCZ1 if the premises are located within a designated zone.

4.     The premises are not located in a residential area and

5.     The application and operation of the venue meeting the definition of a delivery centre in Clause D.

 

 

 

 

 

 

 

 

 

 

SUBMISSIONS AND REASONS

 

Mr Marcus Lavell, solicitor acting on behalf of the applicant, outlined the application before the Sub-Committee. He advised that this was a mixed use residential and commercial area in Edgware Road and there is a reasonable amount of activity but not saturated enough to warrant being a CIA. He explained that having been identified as a SCZ, this area would be perfectly suited for his clients’ business style, quick and quiet grocery delivery. The applicant has an all-electric fleet of pedal bikes and motorbikes that make minimal noise, and they have a local delivery area only wanting to provide their service to those in the local area. The opening hours would be from 08:00 - 22:00 within core hours with delivery continuing until 00:00. Licensable goods would be available until 00:00. They would not allow bikes or rides to congregate outside the premises as they have an internal hub that can store the bikes with space for the riders to await their next order.

 

In response to the Sub-Committee Mr Lavell explained that the pedal bikes are lightweight enough to be moved inside but the larger motorbikes are also not an issue to bring inside their hub and his clients were happy to accept a condition on this point. He also explained that the premises have a substantial parking area and riders’ welfare area. The riders will approach on their vehicles on Edgeware Road, wheel the bikes across the road and store the bikes in the delivery centre.

Ms Stefanie Webb representing the company explained that the charging points are inside the premises. Their current company policies do not allow for bikes to be left outside any premises but reiterated their acceptance of a condition if required.

 

Ms Webb confirmed that there would be between 10-20 bikes with capacity for 20-30 in the store. Generally, they would expect very few on site at any one time given the nature of the operation to have riders out delivering when not inside awaiting on orders or charging.

 

In response to the Sub-Committee the Applicant explained that the riders are trained in relation to their own safety and how to avoid high risk situations. Also, they have an app which tracks the riders and how far away they are from the delivery address. There is a delivery area map which shows the remits of delivery from the premises. Riders are also trained on how to look for correct identification that is valid and the steps required for age verification. With regard to the deliveries, it was explained that orders are between 10-15 items ranging from fruits nappies, pet food and were not explicit for alcohol.

 

PC Reaz Guerra, representing the Metropolitan Police Service advised that the Police were maintaining their representation on the grounds of prevention of crime and disorder and protection of children from harm. He explained that their objection centred around the fact this application exceeded core hours and would touch on their busiest hours for crime activity between 00:00 and 04:00. PC Guerra explained that although their licensable hours for alcohol do not run until 04:00, having the ability to buy alcohol from another premises in the area should this licence be granted may have an impact on crime. Concerns were also raised about the ability of the delivery drivers to deal with confrontation around refusal of delivery for alcohol should they consider the ID presented were insufficient.

 

 

In response to the Sub-Committee Mr Lavell explained that the same concept of any customer buying alcohol in the more well-known supermarkets would apply. The applicant has not experienced that people become confrontation when their order is refused. Ms Webb stated that the safety of their drivers is their number one priority.

 

Mr Lavell stated that riders do not carry cash, the only risk is likelihood of the bikes being stolen if they are left out on the road which they are not in this case. He confirmed that the premises are closed to the public from 22:00 hours so there is no risk of people congregating outside the premises after this time.

                                          

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, submissions made by the Applicant and all other parties, and the oral evidence given by those parties in attendance during the hearing in its determination of the matter.

 

The Sub-Committee noted that representations had initially been made by Environmental Health Service and the Metropolitan Police Service, however, the Environmental Health Service had withdrawn following discussions with the Applicant.

 

The Sub-Committee noted that the Applicant operate an all-electric fleet which means that the noise levels from the bikes will be low and that there is suitable provision within the premises for delivery personnel to wait without causing a nuisance to the residents.

 

The Sub-Committee noted that the premises are in a suitable location and the Applicant satisfies the criteria of Policy DC1 of the Council’s Statement of Licensing Policy.

 

The Sub-Committee was satisfied that the Applicant has clear procedures in which all delivery personnel who are directly employed by the Applicant are trained in order to promote the licensing objectives.

 

The Sub-Committee was satisfied that in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances to GRANT the application.

 

In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.

 

The Sub-Committee noted that the Applicant had agreed to additional conditions as set out below in order to promote the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee had 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 the Sale by Retail of Alcohol (Off Sales) Monday to Sunday 08:00 to 00:00 hours.

 

Seasonal Variations: None

 

2.     To grant permission for the Opening Hours for the Premises Monday to Sunday 00:00 to 00:00 hours.

 

Seasonal Variations: None

 

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

 

4.     That the 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

 

9.       All staff will be fully trained in their responsibilities and with regard to the promotion of the licensing objectives in particular sale of alcohol, and will be retrained every six months, with recorded training records kept for inspection.

 

10.      A CCTV system is in operation for the warehouse, to provide security and identify any culprit who is intent in causing trouble. All images are stored for a period of 31 days after which they can be erased or saved at the request of the police. All current security measures will remain in operation. All staff will be fully trained in the operation of the CCTV to ensure it is operational all the hours of trade. Images will be made available to the police or authorised licensing officer from the council on request.

 

11.      All potential customers must verify on the payment page of the website that they are at least 18 years of age. If the applicant is in any doubt as to the age of the customer, they will only deliver the alcohol if the owner of the card that made the payment is present at the delivery address; Orders will only be despatched to bona fide addresses;

           i) No deliveries will be made to an open space,

ii) All sales of alcohol for delivery must be paid for by credit card, debit card (prepaid or otherwise) or electronic payment,

iii) Details of the order (including the type, amount of alcohol, name and address of the customer and delivery address if different) must be included with the order. The detail shall be shown on the electronic receipt provided to the customer through the app.

           iv) All delivery drivers and riders must allow any police or authorised local authority officers to inspect any alcohol,

v) Deliveries only made to those over the age of 18.

 

12.      A challenge 25 age verification scheme will be used. ID will be required for deliveries to customers who do not look 25 years old. They will be required to prove by way of photographic ID, either a passport or driving licence that they are at least 18. The card used for purchase will also be checked against the ID provided. If the business is in any doubt, then the delivery of alcohol will not be made, and a full refund will be issued. Postal/ carriage deliveries will only be made once a verified payment method has been established, and the customer has confirmed they are 18 or over when making the purchase.

 

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 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.

 

15.      The Premises Licence Holder shall ensure that riders/drivers will be instructed not to loiter in the vicinity of residential premises.

 

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

 

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

 

18.      Deliveries shall only be made to a bona fide residential or business addresses.

 

19.      Delivery drivers/riders shall wait inside the premises between deliveries/ for deliveries.

 

20.      Delivery drivers/riders 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 of the licenced premises.

 

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

 

22.     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.

 

23.      A record shall be kept detailing all refused sales of alcohol. 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 are open.

 

24.      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.

 

25.      The premises shall install and maintain a comprehensive CCTV system as per the 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 are 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 the Police or authorised officer throughout the entire 31-day period.

 

26.      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 are 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.

27.      All delivery riders will be employed directly by the Licence Holder or a group company of the Licence Holder.

28.      There shall be a dedicated waiting area within the premises for delivery drivers waiting to collect customers’ orders for delivery. Delivery drivers are not to congregate outside the premises.

 

29.      All vehicles shall be stored inside the premises between deliveries and walked out to the road. Drivers are to be regularly reminded they are not to cycle on the pavement at all.

 

30.      Only electric or pedal powered vehicles shall be used by delivery drivers/riders delivering products sold from the premises to customers.

 

31.      Delivery vehicles shall not be parked on the highway or pavement  outside the premises at any time.

 

If problems are experienced, then an application for a review of the Premises

Licence can be made.

 

 

This is the Full Decision reached by the Licensing Sub-Committee.

This Decision takes immediate effect.

 

 

Licensing Sub-Committee

31 March 2022