Agenda item
Wraps and Wings, 3 Chippenham Road, W9 2AH
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 29th June 2023
Membership: Councillor Maggie Carman (Chair) Councillor Judith Southern and Councillor Tim Mitchell.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Other Parties:
Mr Peter Conisbee (Agent, PC Licensing, on behalf of the Applicant),
Mr Vagas Farook and Mr Muffadal Abbas (Applicants, VM Leasing Ltd),
Ms Sally Fabbricatore (Environmental Health Service) and
Councillor Ruth Bush (Ward Councillor for Harrow Road)
Application for a New Premises Licence for Wraps And Wings, 3 Chippenham Road, London W9 2AH - 23/02055/LIPN
Full Decision
Premises
Wraps and Wings
3 Chippenham Road
London
W9 2AH
Applicant
Vm Leasing Ltd
Ward
Harrow Road
Cumulative Impact Zone
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
Provision of Late Night Refreshment (Both)
Mondays to Sunday 23.00 to 05.00
Hours Premises are open to the Public
Mondays to Sunday 10.00 until 05.00
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a Restaurant/Take away. There has been one previous application applied for in the past which has been refused by the Sub Committee.
There is a resident court of 231
Representations Received
· Environmental Health Service
· One local resident
· Councillor Ruth Bush (Ward Councillor for Harrow Road Ward)
Issues raised by Objectors.
· The provision and hours 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 within the area.
· Congregation of motor couriers outside of the Premises.
· Waste bins and collection of waste.
· Protection of Children and balance of diet.
Policy Considerations
HRS1 and FFP1
SUBMISSIONS AND REASONS
The Presenting Officer, Karyn Abbott, introduced the application to the Committee. She advised that there was an error in the agenda papers as there had only been one previous application for a premises licence which was refused.
Mr Conisbee referred to the previous application to the Sub Committee which was 3 years ago and had attracted a large number of representations from local residents complaining about the extraction unit at the Premises and the delivery agents. He explained that Wraps and Wings had taken on the lease of the Premises without fully realising the issues with the building and the disturbance the previous business had caused the neighbourhood. He informed the Committee that that since the last application, they had replaced the extraction unit and had employed their own delivery drivers who would deliver takeaway meals by electric vehicle and bicycle only. He emphasised that the Applicant had taken great steps to get to know his neighbours and listen to their concerns which was why many residents had not made representations against this application. Mr Conisbee emphasised the Applicant would have full control over the delivery riders.
Mr Vagas Farook, Applicant, explained that he had resolved all the issues that had been raised by residents at the last hearing, when the application was refused. It had taken time because the building had needed a lot of work doing to it, however all works were now completed and there were processes in place to manage the business. He advised that all Councils had their own way of doing things around the country. He set out that the Premises delivered food to hotels, contractors, and people who did shift work. He added that the brand had exclusive partnerships with other brands such as Mars. He confirmed that all his staff were well trained and knew not to serve school children unless they were accompanied by their parents/an adult. He outlined that the Premises had installed CCTV and for safety reasons there were always two staff working on the Premises. He emphasised to the Members that the Premises had a contract with Westminster’s waste collection service and therefore rubbish was only placed outside of the Premises for 30 minutes every day. He also confirmed that an average meal cost around £20.
In response to questions from the Committee, Mr Conisbee advised that all staff, including delivery drivers, were trained to Level 2 in Public Safety and First Aid and on how to deal with intoxicated people. He outlined that the business was very keen on social values and sustainability and all the Applicant’s packaging was sustainable/recyclable. He added that local people were employed and local suppliers used to reduce carbon emissions and that all employees were on either 40 hour contracts or part time contracts. They were no zero hour contracts.
The Committee was also informed that there were no recent complaints about the operation of the Premises, business was down by 30% and all delivery drivers wait inside the premises when waiting to fulfil an order.
The Applicant confirmed to the Committee that the business had used all its available Temporary Event Notices (TENs) to stay open and trade until 5am and there had been no complaints about their operation until 05.00. He confirmed that there was space in the Premises for delivery drivers to wait to collect their food packages. He further stated that he had given his neighbours and local residents his direct telephone number so they could contact him if they had any issues regarding the Premises.
Ms Sally Fabbricatore (representing the Environmental Health Service, EHS) advised that the EHS had conducted a site visit of the Premises and all works were now completed. She advised that the proposed conditions by the Applicant went over and beyond other late night refreshment application. She added that the EHS were pleased that the Premises was directly employing the delivery drivers and would use electrical vehicles or bicycles only which was a great way to try and prevent Public Nuisance from occurring within the area. She added that food brought directly from the Premises was wrapped so there was no immediate consumption of the food outside of the Premises; hence there would be no crowds gathering in the street.
Ms Fabbricatore outlined that an abatement notice had been served regarding the extraction unit because there had been quite a lot of complaints around the time the Applicant had taken over the Premises. She advised that this issue had now been resolved and was not relevant to this application as there had been no complaints made for well over a year.
Councillor Ruth Bush (Ward Councillor for Harrow Road) informed the Committee that she wished to reinforce her written objections set out in the report behalf of the residents in Harrow Road Ward. She explained that the operation breached the Council’s Policy as it was located within 200 metres of Saint Peter’s Church of England Primary School and because of the extension of hours until 5am which would cause Public Nuisance in the area. She appreciated that the Applicant had attempted to consider the need of the residents, however, the request for the extension of hours for late night refreshment until 5am in the morning was unacceptable. She further added that the outside of the Premises was very scruffy and that it had taken the Applicant a long time to sort out the issue(s) with the extraction unit. She advised there was no evidence that there was demand for food in the early hours of the morning and that the arrival and departure of delivery drivers in the small hours of the night would definitely disturb the nearby residents. She added that sleep was a necessity and not a luxury and was needed to promote people’s mental health and general well-being, and it was simply not right to introduce a threat to people’s sleep without strong grounds and evidence.
Councillor Bush advised that residents had complained to her about delivery vehicles and there was no way that an extension to 05:00 hours was acceptable as the Premises was located in a very residential area. She stated that she had nothing against the operator, however she requested that the Committee refuse the application on the basis of the disturbance to local residents.
Mr Burnett, Legal Adviser to the Licensing Sub Committee, discussed the wording of the proposed conditions (if the application is granted), with all parties.
In summary Councillor Bush stated that the extension of hours would be wrong for residents. The EHO confirmed that ‘silent’ delivery was welcome and there were no other conditions which could be proposed.
Mr Conninsbee stated that the previous application was premature. The Applicant gathered all information and as there were third parties involved in rectifying issues, there was a delay. When the shop was acquired, there were pests, a noisy extractor and numerous complaints. An abatement notice was served but the Applicant worked with the Council and resolved the noisy extractor spending £10K. Matters have now been resolved and the Premises operated successfully under TENs, which all the neighbours were aware of. The Applicant have a WhatsApp group with the residents and there have been no complaints from the nearby school.
Conclusion
The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.
In reaching their decision, the Committee took into account the Act, Westminster’s Statement of Licensing Policy, the Revised Guidance issues under section 182 of the Act, all the Committee papers, additional evidence and the oral submissions made by all the parties.
It was noted by the Committee that the Metropolitan Police had not made representations against the application and that Environmental Health were satisfied with the proposed conditions that would be attached to the Premises Licence. It was further noted that there was a substantial difference between this application and the application which was refused two years ago.
The Committee took into consideration that public health is not a licensing objective, that the Premises proximity to the school and the look of the Premises were in the main a planning issue. Furthermore, the issue, of the demand for hot food after 23.00 is not a matter which is considered under the Act.
The Committee observed that the Premises are not located in a CIZ or SCZ area and that the hours applied for are outside Westminster’s Core Hours. However, this case is decided on its merits.
The Premises will provide deliveries Monday to Thursday after 2330, Friday to Saturday after 0000 and Sundays after 2230. The general public will not have access to the Premises after those times. Furthermore, The Committee took great comfort that after 23.00, the Applicant will use electric vehicle and bicycles for deliveries and the couriers will all be employees of the PLH.
The Committee was persuaded by extensive and restrictive conditions agree with the Applicant, that the application met the policy requirements under Westminster’s Statement of Licensing Policy. The Committee has imposed the conditions as agreed and amended and considered all the conditions to be appropriate and proportionate.
The Committee was also satisfied that the application was suitable for the local area and had listened and addressed the concerns raised by the parties. The Committee further considered the conditions were proportionate to ensure that the licence promoted the licensing objectives these would also help to alleviate the residents’ concerns.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has determined, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -
1. To grant permission for:
Provision of Late Night Refreshment (Both)
Mondays to Sunday 23.00 to 05.00
Hours Premises are open to the Public
Mondays to Sunday 10.00 until 05.00
2. Relevant Mandatory Conditions to apply
3. Conditions consistent with the operating schedule:
1. 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 shall be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is 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.
2. 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.
3. Signage stating that CCTV is in operation at the premises shall be clearly displayed at the premises
4. An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which shall 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.
5. In the event that a serious assault is committed on the premises (or appears to have been committed) the management shall immediately ensure that:
a) The police (and, where appropriate, the London Ambulance Service) are called without delay;
b) All measures that are reasonably practicable are taken to apprehend any suspects pending he arrival of the police;
c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and
d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.
6. Adequate and appropriate supply of first aid equipment and materials must be available on the premises at all times
7. A written health and safety risk assessment shall be completed and reviewed regularly, and shall be made available to authorised officers of the council and the Metropolitan Police upon request
8. The Premises Licence Holder shall ensure that a gas safety certificate is in existence at the premises and reviewed at the appropriate time
9. Staff shall attend to any spillages within the venue as soon as practicable to minimise risk of injury to customers.
10. Customers shall be actively discouraged from gathering outside of the premises
11. Notices shall be prominently displayed at the exit requesting patrons to respect the needs of local residents and businesses and leave the area quietly
12. The main doors of the premises shall be kept closed throughout the duration of licensable activity except for access and egress
13. The premises shall close the doors to the general public at the following times;
a) Monday to Thursday at 2330
b) Friday to Saturday at 0000
c) Sunday at 2230
The premises shall however remain open to service delivery orders until 0500 hours
14. After 23.00 hrs, all deliveries shall be conducted by bicycle or electric vehicle only. Delivery agents shall be instructed to make contact with the customer by text or quiet telephone call to inform the customer that they are outside the delivery premises.
15. The Premises Licence Holder undertakes to use only experienced and reputable delivery companies whereby deliveries shall only be delivered to the registered address as per the booking.
16. Delivery riders/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 licenced premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway. The licence holder shall positively encourage delivery riders/drivers to use quieter vehicles that are less likely to cause a nuisance, such as bicycles.
17. There shall be no takeaway service of food for immediate consumption. All food taken away shall be closed/wrapped up. All packaging of food shall be bio-degradable and clearly marked with the business name ‘Wraps & Wings’
18. The Premises Licence Holder shall provide adequate bins for use by customers and encourage their use
19. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between the hours of 22:00 and 08:00
20. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection time
21. During licensable hours there shall always be a minimum of two members of staff present
22. Staff shall be trained to identify signs of intoxication, suspicious or aggressive behaviour and how to appropriately deal with such customers so as to provide adequate care and minimise risk
23. Child Sexual Exploitation Training shall be included in staff induction and annual refresher training. The Premises Licence Holder shall consult 6 monthly with police licensing team for updates and advice.
24. No noise generated on the premises, or by its associated plant of equipment, shall emanate from the premises nor by vibration be transmitted through the structure of the premises which gives rise to a nuisance.
25. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
26. No deliveries to the premises shall take place between 2100 hours and 0800 hours the following day
27. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified.
28. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous
29. No fumes, steam or odours shall be omitted 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
30. During the hours of operation of the premises, the licence holder shall ensure regular checks are carried out 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.
31. Staff shall monitor customer behaviour and to ensure there is no outbreak of noise from the premises.
32. Vehicles used for delivery must switch of their engines when parked, when outside of the premises for the collection of food for delivery and at the delivery address
33. All delivery agents shall wait inside the premises between deliveries/for deliveries.
34. All delivery personnel shall have access to use the bathroom facilities at the premises
Condition proposed by the Environmental Health Service
35. During licensable hours, all delivery riders shall be employed directly by the licence holder or a group company of the licence holder
36. Delivery shall be to a residential address or place of work only.
37. Delivery personnel/riders shall not be permitted to smoke in the immediate vicinity of the premises.
38. Delivery personnel/riders shall not be permitted to congregate in the immediate vicinity of the premises
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
29 June 2023
Supporting documents:
-
chp report_Redacted., item 3.
PDF 7 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted