Agenda item
Foodwise Express, 6 Norfolk Place, W2 1QN
- Meeting of Licensing Sub-Committee (3), Thursday 21st April, 2022 10.00 am (Item 3.)
- View the background to item 3.
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3
(“The Committee”)
Thursday 21 April 2022
Membership: Councillor Jim Glen (Chair) Councillor Melvyn Caplan and Councillor Aziz Toki
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Jack Robinson-Young
Presenting Officer: Karyn Abbott
Application for a New Premises License in respect of Foodwise Express 6 Norfolk Place London W2 1QN 22/00890/LIPN
Other Parties Present: Mr Asif Gul (Applicant), Mr Jack Spiegler (Thomas & Thomas Solicitors), Mr John Zamit (South East Bayswater Residents Association), Mr Richard Brown (Westminster Citizens Advice)
Full Decision
Premises
6 Norfolk Place
London
W2 1QN
Applicant
Foodwise Express
Cumulative Impact Area
None
Ward
Hyde Park
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 proposes to operate as a grocery shop which will include deliveries and the sale of alcohol within the Hyde Park Ward. The Premises is not located within the West End Cumulative Impact Zone or Special Consideration Zone. There is a resident count of 249.
Activities and Hours applied for
Sale by retail of Alcohol (Off only)
Monday to Saturday 08:00 to 23:00
Sunday 08:00 to 22:30
There are no seasonal variations
Opening Hours of the Premises
Monday to Saturday 08:00 to 23:00
Sunday 08:00 to 22:30
There are no seasonal variations
Representations received
• Metropolitan Police (PC Bryan Lewis) Withdrawn
• Environmental Health (EHS) (Maxwell Koduah)
• South East Bayswater Residents Association (SEBRA) (John Zamit)
• Westminster Citizens Advice (Richard Brown)
• Local Ward Councillor (Councillor Heather Action)
• 18 Local Residents (Supporting)
• 10 Local Residents (Opposed)
Summary of issues raised
· The supply of alcohol and the hours requested to supply alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. As presented, the application would have the likely affect of causing an increase in Public Nuisance and may affect Public Nuisance.
· As an international student I love an idea of a convenient store selling alcohol which is walking distance to me and my house mates. They’ll be a few jobs opportunities available for the community and I prefer this family’s business than any other areas they are responsible and honest.
· As a local neighbour I’m happy with the shop and its good for the local community and helps create jobs and I would rather walk to my nearby shop than go to Tesco. Overall, its better to have a shop nearby than not having a shop.
· The location has always struggled to have a good shop and since having them there it has brightened up the once gloomy corner. This shop is a credit to the area and having the convenience of benign able to purchase alcohol is amazing.
· There are already off licences open late nearby, e.g., Tesco and Paddington Station. Allowing another shop to sell alcohol till late – their opening hours until approx 11pm – will add to noise and nuisance to our residential street. Start Street already has high levels of noise and disruption with many nearby pubs and groups of delivery scooters congregating on the corner of Star Street and this shop on Norfolk Place.
· On behalf of the three Ward Councillors for Hyde Park Ward – Councillors Adams Cox and myself, I am writing to object to the licence for 6 Norfolk Place on the grounds of the prevention of crime and disorder, public safety and prevention of public nuisance. This is an area where we have experienced anti-social behaviour (ASB) including street sleeping, drug dealing prostitution and noise. There are already plenty of off licences within the vicinity. There are many vulnerable people housed in hotels nearby and the Police have to assist with ASB on Praed Street, Norfolk Square, Sussex Gardens as well as Star Street and St Michaels Street. While we welcome the unit being brought back into use, it is not a suitable area to have an additional off-licence and will not promote the licensing objectives.
· The area already Has an issue with anti-social behaviour. I object to a shop who has let it widely be known to the community that they will be selling cheap alcohol. This will absolutely lead to an increase in anti-social behaviour on our street – drunk people, loud shouting at night. We already have an issue with drunk people from the bar on Star Street. This will make it worse. There is no need for an additional shop here. There are so many in a few minutes walking distance.
Policy Position
Policies HRS1 and SHP1 apply under the City Council’s Statement of Licensing Policy (SLP).
SUBMISSIONS AND REASONS
Ms Abbott, the Presenting Officer, summarised the application to the Sub-Committee. She advised that this was an application for a new premises licence in respect of Foodwise Express, 6 Norfolk Place, W2 1QN. The application has been made by Mr Asif Gul represented by Mr Jack Spiegler Solicitor of Thomas and Thomas. The Applicant seeks off-sales and retail by sale of alcohol, Monday-Saturday 08:00-23:00 and Sundays 10:00-22:30. Full details can be seen at pages 464 of the report. Representations have been made by The Environmental Health Service (Mr Maxwell Koduah) and the Metropolitan Police Service who has since withdrawn their representation following agreement of conditions. There have been 19 letters of support from interested parties. In attendance today is Mr John Zamit of ZEBRA and Mr Richard Brown of Westminster Licensing Project. Additional submissions were received from the Applicant, and these appear in the Members Additional papers. The Premises is situated within the Hyde Park Ward and does not fall within any area of cumulative impact.
Mr Spiegler Solicitor appearing on behalf of the Applicant addressed the Sub-Committee. He advised that theapplication is for a small policy compliant shop with off-sales taking up for no more than 15% of the Premises floor space and the supply being within core hours. Model conditions have been agreed between the Applicant, Police, and Environmental Health. The applicant is grateful for the officers and to Mr Zamit who earlier this week agreed a further condition (MC85) restricting the sale of miniature size bottles of spirits.
Mr Spiegler referred the Sub-Committee to the Applicant’s personal history as set out in his witness statement and requested the Sub-Committee to consider some of the challenges he has faced and overcome in his life. Mr Spiegler said that he should be commended and trusted to operate these Premises in a way that will promote the licensing objectives and contributes positively to the local community.
Mr Spiegler confirmed for the record the following matters in relation to the Representations:-
· The Police’s objection has been withdrawn.
· Mr Koduah from EHS is now satisfied with the application and is just in attendance to assist the Sub-Committee.
· The Applicant does have some concerns of the outstanding objections contrary to s158 of the Licensing Act 2003.
· Some of the concerns that were raised are not relevant to today’s discussions but the Applicant did write to the objectors and some letters were returned as non-delivered. The only response received was from Mr Zamit.
· The Applicant is overwhelmed by the support, and this outweighs the number of concerns, and we feel this reflects a more accurate view of the Premises.
Mr Spiegler advised that in terms of policy the Premises is not in the Special Consideration Zone or any area of the Cumulative Impact Zone. The application is in accordance with the Shops Policy under the SLP, the hours are within Westminster Core hours and the proposed conditions will promote the licensing objectives.
The Sub-Committee noted that rarely does it see that many representations that support such an application. It is evident that the Applicant provides a valuable and positive contribution to the local community.
Mr Koduah appearing on behalf of the EHS addressed the Sub-Committee. Mr Koudah advised that he was happy with the Applicant and had visited the area. He said that the concerns expressed in the application about the ownership of Foodwise was not a relevant factor to be considered. In terms of the complaint history Mr Koudah stated that there were two complaints received forfly tipping and waste in March and August 2020 however, there was insufficient evidence to take any further action by officers. In any event these are not the type of complaints that would give rise to any adverse consequences to this application. Mr Koudah said that concerns around street drinking had been raised by residents and with this in mind regard should be had to Paragraph F150 on page 110 of the SLP in that, conditions should be imposed on the Premises Licence limiting the strength of alcohol and the amount sold. These have been addressed in the operating schedule as proposed conditions 11 and 12.
The Sub-Committee sough confirmation from Mr Koudah as to some of the objections do speak about the nature of the area and another off-licence will increase the problems and whether this would be more problematic than others? In answer thereto Mr Koduah confirmed that Foodwise had an alcohol licence operating until 23:00 and no complaints were received with that licence dating back to 2016. These were different operators.
Mr Richard Brown appearing on behalf of SEBRA stated that there was some initial confusion with who the Applicant was as the address showed as a different premises but this has now since been clarified and dealt with and no longer an issue. He said that SEBRA are content with the application and the agreed conditions are based on the following matters:-
· There would be 15% maximum of the floor space dedicated as an off-licence
· No spirits miniatures will be sold to help reduce street drinking and Model Condition 85 is proposed.
· Condition 9 – the first line is a very useful addition.
Mr John Zamit of SEBRA confirmed to the Sub-Committee that wesupport businesses subject to good conditions and good conduct. Nicholas Place is a busy street, and I have not been aware of some of the issues referred to in the representation i.e. groups hanging around in the area. Mr Zamit said he wished the applicant the very best of luck with the opening of the Premises.
The Sub-Committee asked the Applicant to confirm whether he anticipated doing deliveries from the Premises. Mr Asif Gul said he would be offering deliveries but using a well-known third-party operator with professional drives and confirmed to the Sub-Committee these would not be before 08:00 or after 23:00 and that a Challenge 25 is implemented on all relevant alcohol sales.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application. There is no policy presumption to refuse the application.
The Sub-Committee noted the application attracted many representations both in support and those objecting. The Applicant demonstrated to the Sub-Committee that he would be a responsible operator that would run his Premises well when it came to the off-sale provision of alcohol and in accordance with the promotion of the licensing objectives.
The Sub-Committee decided that the application fell within the requirements of the shops policy (SHP1) and was therefore policy compliant. It decided that the application should be granted accordingly permitting limited off-licence sales within the Council’s core hours with the agreed conditions and the inclusion of MC85 which has now been conditioned on the Premises Licence as Condition 26 specified below.
The Sub-Committee noted that the Metropolitan Police withdrew their initial objection after consultation with the Applicant and that conditions were imposed relating to CCTV, alcohol sales to be in sealed containers, a restriction on super strength beers, lagers, ciders and that no more than 15% of the sales area is to be used for the display and sale of alcohol which in turn will promote the crime and disorder licensing objective.
The Sub-Committee welcomed the fact that the Environmental Health Service no longer objected to the application as conditions had been agreed again regarding the sale of alcohol, noise and refuse management which will all promote the public nuisance licensing objective.
The Sub-Committee noted that SEBRA no longer had objection to the application after agreeing MC85, deliveries and waste collection and the perceived threat of anti-social behaviour had been allayed as this was a dominant factor raised as well by the Local Ward Councillor.
The Sub-Committee concluded that the conditions it has imposed on the Premises Licence would mitigate the concerns raised by those residents that had objected to the application including the Local Ward Councillor.
The Sub-Committee strongly encourages the Applicant to work collaboratively with residents and the Responsible Authorities to ensure a fruitful dialogue is maintained when it came to the daily management of the Premises. The Applicant was reminded that the Council encourages where possible the use of pedal cycles or electric cycles for deliveries as part of a carbon neutral and quieter way of delivering around the area.
The Sub-Committee acknowledged the Applicant had experienced challenging times in his life and was to be commended for overcoming those difficulties. It hoped that the running of the Premises would be a turning point in his life for him to continue to be a successful operator that would benefit the local community and wished the Applicant the best of luck in all his future endeavours.
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 08:00 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 08:00 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. (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.
6. 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.
7. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
8. Should the premises ever trade after 23:00 (22:30 Sundays) or before 8am. 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.
9. 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.
10. 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.
11. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
12. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.
13. A 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.
14. 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 is open.
15. 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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
16. All serving staff shall receive training in the sale of alcohol as set out in the 2003 Licensing Act prior to starting employment and receive refresher training at 6 monthly intervals. They will sign a training record confirm the above. All training records shall be available for inspection upon request by the Responsible Authorities.
17. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale. Conditions proposed by the Environmental Health Service and agreed by the applicant to
form part of the operating schedule.
18. 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.
19. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
20. 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.
21. Deliveries to the premises shall only take place between 08:00 and 22:00 hours.
22. 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.
23. 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.
24. 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.
25. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
26. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
21 April 2022
Supporting documents:
-
Foodwise Express - 6 Norfolk Place_Redacted, item 3.
PDF 797 KB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted