Agenda item
Kebab Centre, 368 Harrow Road, W9 2HU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 2 March 2023
Membership: Councillor Aziz Toki (Chair) and Councillor Md Shamsed Chowdhury
Officer Support Legal Advisor: Viviene Walker
Policy Officer: Daisy Gadd
Committee Officer: Sarah Craddock
Presenting Officer: Jessica Donavan
Others present: Nigel Carter (Carter Consultancy), Bashir Jafari (Applicant), Dave Nevitt (Environmental Health Service) and Richard Brown (Solicitor, Westminster’s Citizens Advice), representing Diana Carrasco Vime (local resident)
Application for Variation of Premises Licence in respect of Kebab Centre 368 Harrow Road London W9 2HU - 22/ 11991/LIPV
Full Decision
Premises
Kebab Centre
368 Harrow Road
London W9 2HU
Applicant
Mr Bashir Jafari
Ward
Harrow Road
Cumulative Impact
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
The Premises Licence Holder sought the following:
· To vary the hours for Late Night Refreshment to
Monday to Sunday 23:00 to 02:00 hours (collection)
Monday to Sunday 23:00 to 04:00 hours (delivery)
· To vary the opening hours to Monday to Sunday 10:00 to 04:00 hours
· To vary conditions 2, 3 and 4 to reflect the new timings subject to the variation being granted.
The Premises Licence Holder proposes the following to the Activities and Hours
· Late Night Refreshment (Collection)
Monday to Sunday 23:00 to 02:00 hours
Seasonal variations: None
· Late Night Refreshment (Delivery)
Monday to Sunday 23:00 to 04:00 hours
Seasonal variations: None
· Hours Premises are open to the Public
Monday to Sunday 10:00 to 04:00 hours
Seasonal variations: None
Summary of Application
This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operate as a fast-food restaurant selling kebabs, burgers, chicken and pizzas. The Premises has had the benefit of a Premises Licence (16/07884/LIPN) since 2016.
Representations Received
Environmental Health Service
Two local residents
Issues raised by Objectors.
· The hours requested for Late Night Refreshment will have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
· If the application is granted it would be to harm the licensing objectives of prevention of public nuisance and prevention of crime and disorder.
· Concerns relate to:
1. Noise Nuisance from delivery drivers and/or customers of the premises
loitering in the Mews eating their food.
2. Anti-social behaviour from delivery drivers and/or customers of the
premises loitering in the Mews eating their food.
3. Residents feeling intimated returning to their homes in the late evening or
in the early hours.
4. Litter and packaging left in the Mews.
· If the hours of this takeaway are extended it can only exacerbate:
1. Noise and smells from its cooking
2. Noise/disturbance as customers or deliveries attend
3. Possible anti-social behaviour as people know it is open very late and make a point of stopping there.
4. Increased rubbish as people eat their food in the street.
Policy Position
HRS1
Applications for hours outside the core hours set out in this policy will be considered on their merits, subject to not being contrary to other policies in the Statement of Licensing Policy.
FFP1
Applications outside the West End Cumulative Zones will generally be granted subject to not being contrary to other policies in the Statement of Licensing Policy.
SUBMISSIONS AND REASONS
The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application to the Sub-Committee. She advised that the Premises currently operates as a fast-food restaurant and that representations had been received by the Environmental Health Service and two local residents. She advised that the Premises is within the Harrow Road Ward but not within a Cumulative Impact Zone or a Special Consideration Zone.
Mr Nigel Carter, Agent for the Applicant addressed the Sub-Committee. He explained that the variation to the Premises Licence was for Late Night Refreshment to be provided until 02:00 hours for take away and 04:00 hours for delivery. He advised that the Applicant had been operating the Premises for fourteen years without incident or complaint and that he served a variety of food such as kebabs, burgers, pizzas, wraps and chips with cold beverages. He stated that since the COVID-19 pandemic people’s eating habits had changed dramatically and now there was little or no demand for food during the lunchtime period and subsequently the Applicant now opened his Premises four hours later. He advised that this change has had a huge negative impact on the Applicant’s takings and it had become increasingly difficult for Mr Jafari to earn enough money to cover his overheads as well as support his family.
Mr Carter referred to the revisions made to the Council’s Statement of Licensing Policies in October 2020 which he advised was made specifically to deal with the increased demand for food and alcohol deliveries, largely as a result of the Pandemic. He emphasised and read out ‘the ability to deliver late night refreshment has become a key ancillary element to the primary operation of licensed Premises and the availability of third party delivery service has provided a cost effective option for licensed premises to sell their food and drink to customers.’ Mr Carter advised that for the past few months Mr Jafari had been working as a delivery driver after closing his Premises and had noticed that there was an increase in demand for hot food during the early hours of the morning. Mr Jafari had therefore seen an opportunity to recover his loses as well as provide a service to customers by offering takeaway food to 02:00 hours and delivery until 04:00 hours. Mr Cater emphasised that this was not a decision that Mr Jafari had taken lightly as it would impact on his time spent with his family, however, it was necessary as he was the sole earner in the family.
Mr Cater advised that Mr Jafari had agreed to all the conditions proposed by the Environmental Health Service and emphasised that residents living immediately above and next to the Premises had not made representations against the application. He referred to the representations that had been made regarding increased levels of public nuisance such as noise and/or cooking smells emanating from the Premises and explained that the Premises had highly effective extraction units fitted to its rear wall. He advised that there were no parking restrictions from 7.30pm Monday to Saturday and free parking on Sundays so customers could park directly outside of the Premises when collecting their food. There would be no need for customers to park and/or eat food in Chippenham Mews.
Mr Cater advised that the Premises were located in a mixed commercial and residential area with flats above commercial Premises along the Harrow Road. He highlighted that Mr Jafari had been granted four Temporary Event Notices (TENs) during October and November 2022 covering a total of 25 days allowing him to operate to the same hours as he was seeking to vary his Premises Licence. He advised there had been no complaints made to the Environmental Health Service or the Police which demonstrated that Mr Jafari could operate within these hours without adverse effect on the Licensing Objectives. He further advised that the granting of this variation would allow Mr Jafari to expand his business and that the conditions attached to the Premises Licence would alleviate residents’ concerns and promote the Licensing objectives.
In response to questions from the Sub Committee, Mr Cater advised that Mr Jafari and his son would be doing the deliveries. Mr Jafari advised that he anticipated that the variation would increase his turnover by 30% and that this would help him recover his loses from the lack of lunch time trade. He confirmed that there were no parking restrictions outside his Premises after 7.30pm so the collection and delivery of food should not impact on any of the neighbouring streets. He confirmed that residents living in the flats opposite, above and next to the Premises had been consulted and no representations had been received from them. Mr Jafari advised the Sub Committee that the extended hours for the delivery service up until 04:00 hours were the most crucial element of the variation application and he would be amenable to an earlier terminal hour for takeaway.
Mr Dave Nevitt, representing the Environmental Health Service (EHS) explained that EHS had maintained their representation because the variation to the Premises Licence was significantly greater than the Council’s Core Hours Policy for both collection and deliveries of takeaway hot food. He advised that the area consisted of mixed commercial and residential properties and that the EHS was concerned about the potential disturbance from customers collecting their takeaway food late at night and the noise from vehicles delivering take away food. Mr Nevitt advised of the difficulties of operating both collection of hot takeaway food and delivery of hot take away food because of the issues that could arise if people turned up after 02:00 hours thinking the Premises were open.
Mr Nevitt confirmed that conditions had been agreed with the Applicant and that he considered that the equipment installed in the Premises would ensure that no noise or cooking smells would emanate from the Premises. He explained that there could be potential problems with people congregating outside of the Premises and third party delivery activities. He advised that it was for the Applicant to demonstrate how he would control and manage third parties delivering food to customers and for the Sub Committee to be satisfied that Mr Jafari had adequate controls over these activities. He referred the Sub Committee to proposed condition 22 which stated that all food deliveries must be made to a proper address so no food could not be ordered from a car or the street.
Mr Richard Brown, Solicitor, Westminster’s Citizens Advice, representing two
local residents living on Chippenham Mews, explained that the variation of the
Premises Licence was for significant extensions for both the collection and
delivery of take away food. He stated that fast food restaurants were
honeypots for people who had been out drinking and who created noise
nuisance by loitering outside of fast food establishments ordering and eating
hot food before going home. He advised that no other Premises in the area
had a Premises Licence for both collection and delivery for these hours. He
referred to Chippenham Mews and advised that it was an extremely attractive
and tranquil place which attracted people to sit/park and eat in the street late
at night. He advised that delivery drivers caused additional noise nuisance
and the attraction of hot food would encourage more people into the area
which had the potential of causing anti-social behaviour, intimidation to
residents and an increase in litter.
Mr Brown advised that the Council had recognised the economic importance of takeaway and delivery of food to businesses but in addition it had also recognised the need to limit the impact of these activities on residential areas and residents. He advised the Sub Committee that they needed to consider whether the Premises were located within an area or close proximity of residential accommodation and to ensure that the right balance was achieved. He advised that it was beneficial for the Premises to employ their own delivery staff as they had more control over them. He confirmed that a condition stating that the Premises employ their own delivery drivers would give comfort to residents. Mr Brown advised that Temporary Event Notices (TENs) were just a snapshot in time and not a permanent change to a Premises Licence.
During his summing up, Mr Cater advised that Mr Jafari was happy to accept the condition that he would directly employ his own delivery drivers. He emphasised that the Premises operated without complaint and that during the operation of the Temporary Event Notices there had been no adverse effects. He advised that if Mr Jafari needed to make a choice between collection or delivery of takeaway food, he would prefer delivery of food to be granted to at least 03:00 hours. He stated that the granting of the variation would not cause significant detrimental issues to residents living around the Premises as Mr Jafari had been operating the Premises without complaint for the past 14 years.
Conclusion
The Committee has determined an application for a grant of a Variation to a Premises Licence under the Licensing Act 2003.The Committee is aware that it has a duty to consider each application on its individual merits when determining this application.
The Sub-Committee noted that the Applicant was an experienced operator in the running of these type of Premises and there had been no significant issues that had come to the attention of the Sub-Committee that would give cause for concern in relation to the management of the Premises on a day-to-day basis and the promotion of the licensing objectives.
The Sub-Committee considered the evidence as to how the Premises would deal effectively and efficiently with its delivery drivers and the consideration that was given to residents. The Sub-Committee was persuaded by the Applicant that he would be a responsible operator by having the necessary measures and safeguards in place in the running of the Premises that would help mitigate the concerns of those objecting and uphold the promotion of the licensing objectives.
The Sub-Committee, in its determination of the matter, concluded that the hours and the conditions it had imposed on the licence were appropriate and would promote the licensing objectives.
Having carefully considered all the committee papers, submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter the Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:
1. To grant permission for Late Night Refreshment (Collection) Monday to
Thursday 23:00 to 23:30 hours Friday to Saturday 23:00 to 00:00 hours Sunday 23:00 to 23:30 hours.
2. To grant permission for Late Night Refreshment (Delivery) Sunday to Thursday 23:00 to 02:00 hours Friday to Saturday 23:00 to 03:00 hours.
3. To grant permission for the Opening Hours of the Premises Sunday to Thursday 10:00 to 23:30 hours Friday to Saturday 10:00 to 00:00 hours.
4. To grant permission to amend conditions 2, 3 and 4 of the Current
Premises Licence in the terms specified below.
5. That the existing conditions on the Licence shall apply in all respects except in so far as they are varied by this Decision.
6. That the varied Licence is subject to the following additional conditions
imposed by the Committee which are considered appropriate and
proportionate to promote the licensing objectives.
Conditions: On Current Licence
Mandatory:
None
Annex 2 – Conditions consistent with the operating Schedule
None
Annex 3 – Conditions attached after a hearing by the licensing authority
1. Prominent signage indicating the permitted hours for walk-in service and home delivery services shall be displayed so as to be visible before entering the premises and at the point of sale.
2. There shall be no sales to persons actually attending the premises for hot food or hot drink for consumption "on" or "off" the premises after 23.30 hours Sunday to Thursday and after 00.00 hours (midnight) Friday to Saturday.
3. There shall be no sales of hot food or hot drink for home delivery after 02:00 hours Sunday to Thursday and on Friday to Saturday after 03:00 hours on the following day.
4. The menu board lights in the customer service area shall be turned off at 23.30 hours on Sunday to Thursday and at 00.00 hours (midnight) Friday
to Saturday.
5. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 12 persons.
6. Notices shall be prominently displayed at the exit requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
7. No customers shall be permitted to use the garden at the rear of the premises at any time. The garden at the rear shall not be used by staff after 21.00 hours.
8. After 21:00 hours all external doors and windows to the rear garden shall be kept closed except for use in an emergency.
9. No noise generated on the premises, or by its associated plant or equipment or delivery cars/motorbikes, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
10. All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
11. There shall be no queuing outside the premises at any time.
12. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
13. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas including rear garden between 23.00 hour and 08.00 hour on the following day.
14. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hour and 08.00 hour on the following day.
15. No deliveries to the premises shall take place between 23.00 hour and 08.00 hour on the following day.
16. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
17. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
18. 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.
19. 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. 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.
20. 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.
21. 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 as soon as possible and in any event 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
(f) any visit by a relevant authority or emergency service.
Conditions imposed by the Committee after a hearing
22. Deliveries of food shall only be made to a bona fide residential or business address.
23. The Premises Licence Holder shall ensure that riders/drivers will be instructed not to loiter in the vicinity of residential premises.
24. The Premises Licence Holder shall ensure that riders/drivers will not be permitted to congregate in the immediate vicinity of the premises.
25. The Premises Licence Holder shall ensure that riders/drivers will not be permitted to smoke in the immediate vicinity of the premises.
26. 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.
27. All delivery drivers shall be directly employed by the Premises Licence Holder.
INFORMATIVE:
The Premises Licence Holder was reminded of paragraphs G6 to G11 of the
Statement of Licensing Policy in relation to climate change.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
2 March 2023
Supporting documents:
-
Kebab Centre final report_Redacted, item 2.
PDF 1 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted
- Restricted enclosure View the reasons why document 2./4 is restricted