Agenda item
Unit B1108 Safe Store Self Storage, 2 Burwood Place, W2 2HN
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
22 September 2022
Membership: Councillor Aziz Toki (Chair) Councillor Angela Piddock and Councillor Tim Mitchell
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Daisy Gadd
Committee Officer: Jack Robinson-Young
Presenting Officer: Karyn Abbott
Application for a New Premises Licence in respect of Unit B1108 Safe Store Self Storage 2 Burwood Place London W2 2HN 22/06496/LIPN
Other parties present: Amrishbhai Jadav on behalf of Booze Drink Runners Ltd (Applicant), Maxwell Koduah (Environmental Health), PC Tom Stewart (Metropolitan Police), Richard Brown Westminster Licensing Project, John Zamit (Chairman South-East Bayswater Residents Association)
Full Decision
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Unit B1108, Safe Store Self Storage 2 Burwood Place London W2 2HN (“The Premises”). The Premises is a storage unit and will be used for the purposes of storing alcohol which will be prepared for online sales through Deliveroo and Ubereats by delivery outside of the core hours policy.
The Premises are located within the Hyde Park Ward and Edgware Road Special Consideration Zone. The Applicant has provided a response to questions raised by the Metropolitan Police Service which can be found at Appendix 2 of the agenda report. There is no policy presumption to refuse the application however, this is subject to the Applicant satisfying the requirements of the Edgware Road SCZ contained on page 57 of the City Council’s Statement of Licensing Policy and the reasons for the policy contained also on pages 53-54 (Paragraphs D37-D46 refers). The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
There is a resident count of 295.
Premises
Unit B1108
Safe Store Self Storage
2 Burwood Place
London
W2 2HN
Applicant
Booze Drinks Runners Ltd
Cumulative Impact Area
None
Ward
Hyde Park
Special Consideration Zone
Edgware Road
Activities and Hours applied for
Sale by retail of Alcohol (Off the Premises)
Monday to Sunday 00:00 to 23:59
Opening Hours of the Premises
Monday to Sunday 00:00 to 23:59
Representations received
• Metropolitan Police (PC Tom Stewart)
• Environmental Health (Maxwell Koduah)
• 2 Residents Association (Water Gardens Resident Association & South-East Bayswater Residents Association)
• 15 Local Residents (Objecting)
• 1 Westminster Councillor (Cllr Karen Scarborough)
Summary of issues raised by objectors
· The Environmental Health service raised objection on the grounds that the application is likely to undermine both the preventing of public nuisance and prevention of protecting public safety licensing objectives.
· The Metropolitan Police Service raised objection on the basis that the application was likely to undermine the prevention of crime and disorder licensing objective.
· The Water Gardens Residents Association raised concerns around the densely population nature of the apartment building directly above the safe storage units, with particular concerns about the sale of alcohol 24 hours a day, 7 days a week. Local residents objected to the application on the grounds of the constant sale of alcohol from the unit underneath, a lack of detail in the operations of the business provided and the potential for noise of vehicles to and from the Premises.
· SEBRA made representations to object to the application for lateness of the licensable hours requested, the use of third-party delivery drivers and a lack of detail in the application.
· Councillor Karen Scarborough objected to the application stating that her concerns were similar to that of SEBRA and although not in her ward, it was directly opposite and would therefore affect her ward, residents, and businesses.
Policy Position
Policies HRS1 and DC1 apply under the City Council’s Statement of Licensing Policy apply (SLP).
HRS1
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:
1. 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.
DC1
A. 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 arelocated within a designated
zone,
4. The premises are not located in a predominantly residential area,
and
5. The application and operation of the venue meeting the definition
of a delivery centre in Clause D.
B. Applications for a delivery centre within the West End Cumulative
Impact Zone will be considered on their own merits and 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 demonstrated that they will not add to
cumulative impact within the Cumulative Impact Zone, 4. The
premises are not located within a predominantly residential area, and
5. The application and operation of the venue meeting the definition
of a delivery centre in Clause D.
C. Applications that do not meet Clause A or B will be considered on
their own merits, subject to other relevant policies within this
statement and the following considerations:
1. The likelihood of the effect of the grant of the licence for a delivery
centre on the licensing objectives and whether the applicant has
demonstrated that they will meet the criteria and considerations
within policies CD1, PS1, PN1 and CH1.
2. The proposed hours for the operation of the delivery centre,
whether they are beyond the Core Hours as set out in Policy HRS1
and if so, what are the reasons for the additional hours and what has
the applicant proposed as measures that will mitigate or eliminate
any potential impact on the licensing objectives and residents in the
vicinity of the premises.
3. If the application is located within:
a. the West End Cumulative Impact Zone, have they demonstrated
that they will not add to cumulative impact, or,
b. a designated Special Consideration Zone, have they demonstrated that they have taken account of the issues identified in that area and put forward proposed mitigation measures in relation to those issues in accordance with Policy SCZ1,
4. Whether the premises are located within a predominantly residential area and if so:
a. whether the applicant has engaged with local residents and/or local resident/amenity societies on the proposed application and the
operation of the premises prior to submitting the application to the
council, and
b. whether the applicant has put forward sufficient control measures
within the operating schedule to mitigate or eliminate the potential
impact on residents in the area and the licensing objectives that
have been identified as part of the pre-application engagement with
residents or following receipt of relevant representations following the statutory consultation period.
5. Whether the delivery personnel working from the delivery centre are directly employed by the applicant or whether the delivery service element of the operation will be provided by a third party,
6. How will the applicant ensure that the operation of the premises and the delivery service, operated directly by them with their own staff does not adversely impact the licensing objectives, breach the terms and conditions of the licence or commit offences under the Act.
7. If a third party will provide the delivery service element of the operation on behalf of the applicant what are the contractual arrangements with that third party to ensure that the operation of the delivery service from the delivery centre does not adversely impact the licensing objectives, breach the terms and conditions of the licence or commit offences under the Act,
8. The operation and management of the proposed delivery centre
from the premises,
9. The types of vehicles that will be used for the delivery of alcohol
and/or late-night refreshment and whether they will likely create public nuisance,
10. When will deliveries to the delivery centre or waste collection take place.
11. The history of the applicant’s operation of licensed premises and the premise’s operation in relation to any impact on the licensing objectives, breaches of any terms and conditions of a licence, any reviews of a licence or offences committed under the Act,
12. In addition to Sub-clause 6 and 7 above what measures the applicant or the third party providing the delivery service has put forward to mitigate the specific risk of public nuisance by the operation of the delivery service at the premises or at the end point of delivery,
13. In addition to sub-clause 6 and 7 above what specific measures and processes the applicant or the third party providing the delivery
service has put forward to mitigate the risk from the delivery of
alcohol to children to ensure that they are protected from harm.
D. For the purposes of this policy a delivery centre is a premises
that’s primary function is to temporarily store alcohol and/or to
prepare hot food and hot drink, so that it is available when ordered
for transportation to a customer’s residential or workplace location.
E. For the purposes of Clause A.4 B.4 and C reference to ‘a
predominately residential area’ means an area of the city in which
housing is the predominant use.
SUBMISSIONS AND REASONS
The Presenting Officer Ms Karyn Abbott introduced the Application to the Sub-Committee. She advised that this was a New Application for a Premises Licence relating toUnit B1108, Safe Store Self Storage 2 Burwood Place London W2 2HN. The Premises is a storage unit and will be used for the storing of alcohol which will be prepared for online sales through Deliveroo and Ubereats by delivery outside of the core hours policy. The Premises are located within the Hyde Park Ward and Edgware Road Special Consideration Zone. Representations have been made by the Metropolitan Police Service, Environmental Health Service, two Residents Association (Water Gardens Resident Association & South-East Bayswater Residents Association) 15 Local Residents and Cllr Karen Scarborough.
The Applicant Mr Jadav appearing on behalf of Booze Drink Runners Ltd addressed the Sub-Committee and confirmed that he was now reducing his operating hours to the following:
· Monday to Wednesday 08:00 to 18:00
· Thursday 08:00 to 20:00
· Friday and Saturday 08:00 to 18:00
· Sunday 10:00 to 16:00.
Mr Jadav explained they worked previously with delivery services such as Deliveroo and that the business currently uses a petrol vehicle for deliveries. Mr Jadav explained that he had a similar application pending with the London Borough of Ealing. He advised that this unit in Westminster, is very small only 50 square foot and he would be happy to undertake a risk assessment. There is a designated area for staff who would be smoking and for drivers to wait for deliveries.
In answer to questions from the Sub-Committee Mr Jadav confirmed that he would personally be present for deliveries and in terms of the delivery method this would be carried out inside the unit and not collected from outside of the unit in the car park. Mr Jadav advised that he had not made direct contact with local residents regarding the application.
The Sub-Committee then asked if Mr Jadav was aware of the local area and how residential it was and what measures would be in place to reduce impact to local residents in the running of the Premises. He explained that all delivery drivers would receive training on reducing their noise and pollution when undertaking their work, alongside Challenge 25 requiring a photographic proof of identification. He confirmed that all drivers are to be directly employed by the company itself under him as the director.
Mr Horatio Chance, the Legal Advisor to the Sub-Committee asked Mr Jadav to confirm how many people would be employed. Mr Jadav stated that it would be himself and an additional member of staff as a driver. He clarified he would not be using any third-party delivery companies.
PC Stewart from the Metropolitan Police Service raised concerns that initially the Applicant had wanted to place goods within his car, including alcohol, past 18:00 and trade from there. However, following Mr Jadav’s meeting with the Environmental Health Service and having amended the hours of operation and agreeing conditions, he advised that the Metropolitan Police Service are now happier with the application.
PC Stewart mentioned that the agenda report did talk about using Uber Eats but Mr Jadav has now confirmed he will not be using a third party delivery company. PC Stewart requested the Sub-Committee to condition any drivers now or in future are to be employed by the Applicant and that all collections are to take inside the unit rather than outside and to clarify that he cannot sell from his car.
Mr Maxwell Koduah from the Environmental Health Service reiterated the new hours to the Sub-Committee that had been agreed with the Applicant. Beyond these hours, the Premises is inaccessible, and this has then reduced his concerns about the application. Mr Koduah explained the plans submitted needed to be changed to correctly highlight what was licensable and what was not, only the unit itself was licensed, not the corridor area. There is also a wider risk assessment that has been done, and this unit falls within these criteria.
Mr Richard Brown appearing on behalf of SEBRA addressed the Sub-Committee and stated that his initial concerns on the hours have been reduced. However, he still had concerns regarding businesses of this type which have seen an increase in recent years. Mr Brown said that there are still issues for SEBRA with this application and the impact on the local area because these safe storage units are directly underneath residential properties. He stated that a particular concern is the use of third-party delivery companies which is a positive for this application given the Applicant is going to be using his own driver, but this should be conditioned to safeguard residents.
Turning to the policy, Mr Brown spoke regarding Policy DC1 and how this required applications to limit nuisance from delivery drivers, be within core hours, requiring the SCZ to be taken account for, must not be in a predominantly residential area and must meet the definition of a delivery centre as required in Clause D of the policy.
Mr Brown asked for a condition stating that the sale of alcohol cannot take place outside of those hours, as a sale for example could technically be made at say 19:59 and then delivered at 20:01, after the terminal hour of 20:00.
Mr John Zamit Chair of SEBRA addressed the Sub-Committee. He said that the delivery companies such as Uber Eats and Deliveroo create nuisance for local people from the ringing of doorbells in the early hours to the sound of bikes and cars in the area left running. Mr Zamit said in his view the corner that the Premises is by, could easily become an area for delivery drivers to congregate. As the Applicants drivers will be inside the Premises, this could then be clearly conditioned, as the current conditions were too vague on this issue, especially with an area just outside that could see people congregating.
Mr Zamit explained this would also contain noise too within the car park area, away from residents. Mr Brown explained that model condition 98 (MC98) deals with the regularisation of delivery drivers.
In summing up, the Environmental Health Service and Metropolitan Police Service had nothing further to add. Mr Brown only suggested that there be a condition on no super-strength beer.
Mr Jadav had nothing further to add to his earlier submissions.
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.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
The Sub-Committee welcomed the fact that the Applicant took on board the views of the parties that objected to the application and reduced the hours accordingly to the storage centre hours and that the proposed conditions had also been agreed.
The Sub-Committee noted that there is no policy presumption to refuse the application however, the matters as set out in Paragraph D51 on page 57 of the SLP regarding the Edgware Road SCZ must be demonstrated by the Applicant.
The Sub-Committee in its determination of the matter concluded that the Applicant had considered Paragraph D51 and although the Premises is close to the Edgware Road it was the Sub-Committee’s considered opinion that the hours and the conditions it has imposed on the premises licence is likely to have minimal impact on the area given the character, style and nature of the Premises in that the Premises is a very small unit storing alcohol with online sales.
The Sub-Committee based on the various undertakings and guarantees given by the Applicant during the hearing was persuaded that they were to be a responsible operator that would manage the Premises well particularly when it came to the management of delivery drivers and the likely problems and impact this would have on local residents as referred to in the many representations. The Applicant is therefore encouraged to work in partnership with local residents especially those residents that live directly above the Premises so that any potential issues that may arise regarding the day to day running of the Premises are dealt within a timely manner and satisfactorily resolved.
In reaching its decision, the Sub-Committee concluded that these measures would help mitigate the concerns raised by the local residents and the conditions attached to the licence would ultimately have the effect of promoting the licensing objectives in particular the public nuisance licensing objective.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 the Premises) Monday to Wednesday 08:00 to 18:00 Thursday 08:00 to 20:00 Friday and Saturday 08:00 to 18:00 Sunday 10:00 to 16:00 hours.
2. To grant permission for the Opening Hours of the Premises Monday to Wednesday 08:00 to 18:00 Thursday 08:00 to 20:00 Friday and Saturday 08:00 to 18:00 Sunday 10:00 to 16:00 hours.
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 agreement of the Applicant
5. 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 rider will carry out age verification on delivery. The customer will be required to declare that he or she is aged 18 or over. If the rider is not satisfied that the customer is aged 18 or over any alcohol in the order will be withheld.
6. A Challenge 25 proof of age scheme shall be operated at the point of delivery 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.
7. 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.
8. Save for delivery drivers/riders, no persons shall be permitted on the premises at any time.
9. All sales of alcohol for consumption off the premises shall be in sealed containers only.
10. 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.
11. The Premises Licence Holder shall ensure that riders/drivers will be instructed not to loiter in the vicinity of residential premises.
12. The Premises Licence Holder shall ensure that riders/drivers will not be permitted to congregate in the immediate vicinity of the premises.
13. The Premises Licence Holder shall ensure that riders/drivers will not be permitted to smoke in the immediate vicinity of the premises.
14. No deliveries to the premises shall take place between (20.00) and (08.00) hours on the following day.
15. Deliveries shall only be made to a bonafide residential or business addresses.
16. The Premises Licence Holder shall ensure that delivery drivers/riders shall wait inside the premises between deliveries/ for deliveries.
17. The Premises Licence Holder shall ensure that 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.
18. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
19. 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.
20. 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.
21. No collections of waste or recycling materials (including bottles) from the premises shall take place between (20.00) and (08.00) hours on the following day.
22. Deliveries are to be undertaken by the Premises Licence Holder or their employees.
23. No deliveries from the premises either by the Premises Licence Holder or a third party shall take place between (20:00) and (08:00) hours the following day.
24. 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.
25. 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 licensed premises; not to leave engines running when vehicles are parked; and not to obstruct the highway.
26. No deliveries to the premises either by the Premises Licence Holder or a third party shall take place other than at the permitted times for the sale of alcohol.
26. 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.
Informative
27. The Applicant is strongly recommended to use environmentally friendly vehicles when carrying out deliveries to and from the Premises so as to reduce the impact of public nuisance caused to local residents.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
22 September 2022
Supporting documents:
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Unit B1108, Safe Store Self Storage report_Redacted, item 1.
PDF 2 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted
- Restricted enclosure View the reasons why document 1./4 is restricted