Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Westbourne   * None   ** None	Late Night Food Harrow Road 332 Harrow Road W9 2HP	New Premises Licence	22/09433/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1

(“The Committee”)

 

Thursday 12 January 2023 – Item 2

 

          

Membership:      Councillor Aziz Toki (Chair) and Councillor Louise Hyams

 

Officer Support: Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Georgina Wills

                           Presenting Officer:       Jessica Donovan

 

Present:              Mr Shadov Zomorodian, Applicant, Late Night Food Harrow Road Limited

                           Kudzaishe Mondhlani, Environmental Health Service and          

                           Sally Fabbricatore, Environmental Health Service

                          

                    

Application for a New Premises Licence in respect of Late Night Food Harrow Road 332 Harrow Road London W9 2HP – 22/09433/LIPN

 

FULL DECISION

 

 

Premises

 

Late Night Food Harrow Road 

332 Harrow Road

London

W9 2HP

 

Applicant

 

Late Night Food Harrow Road Limited

 

Ward

 

Westbourne

 

Cumulative Impact Zone

 

None

 

Special Consideration Zone

 

None

 

 

 

 

 

Licensable Activities and Hours applied for

 

Opening Hours of the Premises:

Monday to Sunday: 07:00 to 01:00 hours

 

Seasonal Variations:  None

 

Sale by Retail of Alcohol (Off Sales)

Monday to Saturday: 08:00 to 23:00 hours.

Sunday: 09:00 to 22:30 hours

 

Seasonal Variations: None

 

Representations Received

 

·       Environmental Health Service (Kudzaishe Mondhlani)

·       Metropolitan Police Service (PC Steve Muldoon) Withdrawn 30 November 2022

·       Three residents

 

Summary of Objections

 

The Environmental Health Service expressed concerns on the grounds of the Prevention of Public Nuisance and Public Safety. Local residents objected on the basis of the Prevention of Public Nuisance, Public Safety and the Prevention of Crime and Disorder. After the Applicant agreed to reduce the hours for the sale of alcohol and the conditions proposed by the Metropolitan Police Service and Environmental Health Service, two residents withdrew their representations.  The Metropolitan Police Service withdrew their representations following an agreement of conditions with the Applicant.

 

 

Summary of Application

 

This is an application for a new premises licence to operate as an Off Licence. There is a resident count of 304.

 

Policy Considerations

 

 

HRS1

 

Applications within the core hours set out in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

 

SHP1

 

Applications for a shop 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.

 

DECISION AND REASONS

 

Ms Jessica Donovan, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  She explained that the application was for a New Premises Licence. Ms Donovan advised that during the consultation the applicant reduced the hours for Retail by Sale of Alcohol from Monday to Sunday 07:00 to 01:00 to Monday to Saturday: 08:00 to 23:00. Sunday: 09:00 to 22.30 (Off Premises). The Metropolitan Police withdrew their representation following the agreement of conditions with the Applicant. There were additional representations received and these were circulated to all interested parties. The Premises are situated in the Westbourne Ward and not located in a Cumulative Impact Zone. 

 

Mr Shadov Zomorodian, Applicant, on behalf of Late-Night Food Harrow Road Limited advised the Sub-Committee that Late Night Food was a family business and that all conditions proposed by the Responsible Authorities would be complied with.  Mr Zomorodian informed the Sub-Committee that he had altered the Premises’ operational hours as advised by Environmental Health Service. He advised that he wished to create ‘a safe environment’ and ‘help the community’. Mr Zomorodian stated that he would continue to work with the Council and residents to ensure that any issues raised are quickly resolved. The Sub-Committee were advised that the sale of alcohol was an integral part of the business model, and it was aimed for Late Night Food Harrow Road Limited to expand and have additional stores in the Borough.

 

In response to questions from the Sub-Committee, Mr Zomorodian advised that it was sought for alcohol to be included in the Premises offer and this was to ensure that a wide range of produce are available for patrons. The Sub-Committee were informed that the Premises were a convenience store, for patrons to be able to obtain all their grocery items. Mr Zomorodian advised that Temporary Event Notices will be applied for during events such as the Notting Hill Carnival and New Year’s Day. There will be signs displayed on the Premises which informs what hours alcohol is sold. The Sub-Committee were advised that there would be no seating available in the Premises and that the forecourt would not be used. In response to question from the Policy Officer, Mr Zomorodian advised that the Premises had not started to trade. Following further questions from the Sub-Committee, Mr Zomorodian informed that he was aware that the area had a concentration of vulnerable persons and advised that no sales of alcohol would be made to patrons that are under the influence of substances.

 

Kudzaishe Mondhlani on behalf of Environmental Health Service, advised that representations had been made as the original hours sought for the sale of alcohol were beyond core hours. Ms Mondhlani advised the Sub-Committee that the Applicant had consulted with the Service regarding the conditions and reducing their operations to core hours. The Sub-Committee were advised that the Premises had been visited twice and that all conditions proposed had been agreed by the Applicant also, for operations to be within core hours. She advised that there were three objections received by residents and that two were withdrawn following the Applicant agreeing to the conditions and the reduction in their operational hours. Ms Mondhlani confirmed that there is no previous history regarding the Premises.

 

In response to questions from the Sub-Committee, Ms Mondhlani advised that the representations from Environmental Health Service had been maintained to assist the Sub-Committee only.  Ms Mondhlani confirmed that Condition 8 should read that both ‘customers’ and ‘staff’ will not have access to stored alcohol outside the hours of authorised sales. Ms Mondhlani advised the Sub-Committee that she was satisfied with the Application and confirmed that Environmental Health Service representations had been withdrawn.

 

 

 Conclusion

 

The sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers, submissions made by the Applicant and 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 the Applicant had agreed to the conditions proposed by the Metropolitan Police Service and Environmental Health Service. The Applicant had reduced their operational hours to core hours.

 

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 the individual circumstances of this case and the promotion of the four licensing objectives:

 

1.    To grant permission for Sale by Retail of Alcohol (Off Sales) Monday to

       Saturday 08:00 to 23:00 hours Sunday 09:00 to 22:30 hours.

 

2.    To grant permission for the Opening Hours for the Premises Monday to

       Sunday 07:00 to 01:00 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 the agreement of the Applicant

 

 

6.       Licensable activities shall be ancillary to the premises being used primarily as a convenience store.

 

7.       There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

8.        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.        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.

 

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

 

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

 

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

 

14.      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.

 

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

 

16.      No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.

 

17.      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 are 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.

 

18.      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.

 

19.      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.

 

20.      All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

21.      All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

22.      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.

 

23.      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.

 

24.      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.

 

25.      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) any faults in the CCTV system, searching equipment or scanning equipment

(f) any refusal of the sale of alcohol

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

 

 

 

The date for appealing the decision will not start until the Full Reasoned

Decision has been sent to the Parties.

 

Licensing Sub-Committee

12 January 2023