Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   * None   ** None	Basement and Ground Floor 52 Queensway W2 3RY	New Premises Licence	22/11938/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

 

23 February 2023 – ITEM 1

 

Membership:Councillor Robert Eagleton (Chair), Councillor Concia Albert and Councillor Melvyn Caplan

 

Officer Support: Legal Adviser:         Viviene Walker

                           Policy Officer:         Daisy Gadd

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:            Emanuela Meloyan

 

Other parties present: Richard Brown (SEBRA), Sally Fabbricatore (Environmental Health Service), John Zamit (Bayswater Residents’ Association)

 

Application for a New Premises Licence in respect of Basement and Ground Floor 52 Queensway W2 3RY 22/11938/LIPN

 

 

                                                     Full Decision

 

Premises

 

Basement and Ground Floor

52 Queensway

London W2 3RY

 

Applicant

 

Mr Subramaniam Kamalanathan

 

Cumulative Impact Zone

 

None

 

Ward

 

Lancaster Gate

 

Special Consideration Zone

 

Queensway and Bayswater

 

 

 

 

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003. The premises propose to operate as a local convenience store.  The applicant has previously operated at 10 Queensway.

 

There is a resident count of 325.

 

Representations received

 

•        Metropolitan Police (PC Tom Stewart)

•        Environmental Health (Sally Fabbricatore)

•        3 Ward Councillors (Councillors Jude, Ormsby, Cunningham)

•        2 Residents association (South-East Bayswater Residents Association and Bayswater Residents Association)

•        2 Local residents

 

Summary of issues raised by objectors

 

The Metropolitan Police Service and Environmental Health Service raised concerns that if granted, this licence could increase crime and disorder in the area.  The Responsible Authorities have proposed conditions which have been agreed with the applicant. The Ward Councillors also objected grounds of increase crime and disorder. The South-East Bayswater Residents Association raised a specific point about a lack of clarity on arrangements for Bank Holidays. The Bayswater Residents Association objected and supported all points raised by the South-East Bayswater Residents Association. The local residents objected on the grounds that the application would increase anti-social behaviour in the area.

 

Policy Position

 

SCZ1

 

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

 

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.

3.        The Applicant having taken account of the Special Consideration Zone Policy SCZ1.

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee.  She advised that the premises were located within the Lancaster Gate Ward and are within Queensway and Bayswater Special Consideration Zone, but not within the Cumulative Impact Zone. Four representations were withdrawn following the applicant’s agreement to the proposed conditions.

 

The applicant, Mr Subramaniam Kamalanathan, introduced himself by explaining he had a prior premises close by and was simply moving to a new premises. He has been operating in Westminster for 10 years without any complaints.  He confirmed that he has agreed to all conditions proposed by the Responsible Authority.

 

In response to a question from the Sub-Committee the applicant explained his landlord is developing the property, so he has been forced to move.

Ms Sally Fabbricatore for Environmental Health Service advised the Sub-Committee she was there to answer any questions the Sub-Committee may have and was pleased to note that the hours of operation of the premises are core hours.

 

Mr Richard Brown representing South-East Bayswater Residents Association advised the Sub-Committee that residents were conscious that although the applicant is moving premises, the premises are within a Special Consideration Zone and wanted to ensure that the conditions were agreed. Mr Brown was pleased that Mr Brown sought clarification of the use of the basement area and that it was the ground floor which was to be licensed.  In response, Mr Kamalanathan explained the basement is for storage only, and the layout of the premises would be half convenience shop and half souvenir, similar to the previous premises.

 

Mr John Zamit for the Residents’ Association also asked for clarity on the purpose of the premises and stated that he was pleased to see that the conditions were accepted.

 

The Legal Advisor asked that a condition for a Personal License Holder be present  during the hours permitted to supply alcohol and there will be no self-service of spirits except for spirit mixers not above 5.5% ABV. This was agreed to by the applicant.

 

In summing up, the Environmental Health Officer stated that there a works condition would apply until premises were opened.

Conclusion

 

The Sub-Committee have a duty to determine each application on its individual merits and took into account all the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee noted that the applicant has been trading in the vicinity for ten years and he had agreed to have similar conditions to the new Premises Licence as those in relation to the previous premises.

 

The Sub-Committee placed weight on the fact that conditions had been agreed with the responsible authorities and residents, noting that their representations had been withdrawn.

 

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.    

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has determined, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:

 

1.        To grant permission for Sale by Retail of Alcohol (Off Sales) Monday to Saturday 09:00 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 09:00 to 23:00 hours

          

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

 

4.        That the Licence is subject to the following conditions 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.        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.

 

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

 

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

 

9.        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.

 

10.      All sales of alcohol for consumption off the premises shall be in sealed containers only.

 

11.      Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

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

 

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

 

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 to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

16.      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.

 

17.     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.

 

18.      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.

 

19.      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.

 

20.      There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

21.      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.

 

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

 

23.      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.

 

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

          

25.      No rubbish, including bottles, shall be removed or placed in outside areas between 23:00 hours and 08:00 hours.

 

26.      Outside of the hours authorised for the sale of alcohol within the trading area is to be secured behind locked grills/screens or secured behind locked cabinet doors.

 

27.      No super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above shall be sold at the premises save for premium beer or ciders in glass bottles.

 

28.      No self-service of spirits except for spirit mixers not above 5.5% ABV.

 

29.      On the Sunday and Monday of the Notting Hill Carnival:

• There shall be no sale of alcohol in glass vessels from the premises;

 

• There will be no external advertisement of alcohol promotions at the

   premises; and

 

 • There shall be no sale of alcohol from the premises after 20:00 hours.

 

30.      No miniature bottles of spirits of 20cl or below shall be sold at the premises.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

23 February 2023