Agenda item
Chicken Cottage, 135 Praed Street, W2 1RL
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 26 October 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Iman Less
Councillor Melvyn Caplan
Others present: Guy Ladenburg (Counsel for the Applicant),
Sayed Hasson (The Applicant) – present online
Sally Fabbricatore (Environmental Health Service - EHS)
Richard Brown (Licensing Advice Project Citizens Advice Westminster) on behalf of:
1) HPEA– Susie Burbridge.
2) PWMVS
3) SEBRA – John Zamit
Application for a variation of a variation of a Premises Licence for Chicken Cottage, 135 Praed Street, W2 1RL – 23/01819/LIPV
Full Decision
Premises:
Chicken Cottage,
135 Praed Street,
London
W2 1RL
Applicant
Hasan Syed
Ward
Hyde Park
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). This variation application seeks to permit the following:
To vary the existing premises licence to:-
1) Remove the following two conditions:-
16. There shall be no sales of hot food or hot drink for consumption off the premises after 00:00; and
17. There shall be no home delivery service of any kind from the premises.
2) Include model condition 98 to promote the licensing objectives:-
MC98 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 license premises;
1. not to leave engines running when the vehicles are parked;
2. not to obstruct the highway.
3) Licensable activities, hours and layout - No changes
The premises have had the benefit of a premises licence since February 2017. The current premises licence reference is 23/00479/LIPRW.
Operated under TENs and further submissions have been provided in the additional material.
Cumulative Impact Zone.
None
Special Consideration Zone:
None
There is a resident count of 58
Representations Received
· Anil Drayan – Environmental Health Services (EHS)
· Ms Voronova
· Susan Burbridge and Richard Cutt - Hyde Park Association
· Elizabeth Virgo – Paddington Waterways and Maida Vale Society
· John Zamit – South East Bayswater Residents Association
Issues raised by Objectors
1. The removal of condition 16 and 17 may increase Public Nuisance in the area.
2. An additional condition is considered to be insufficient to allay Environmental Health concerns.
3. Causes the residents nuisance at night already. Delivery riders congregate around the premises playing music and shouting. Staff at the premises have no control.
4. We need to keep the balance between business and residents.
5. The footfall and delivery scooters will exacerbate the situation and potentially add to anti social behaviour.
6. Nuisance, litter, noise, waking up residents when making deliveries etc will be detrimental to the area.
7. When delivery scooters, bikes etc stop and wait for collection, they are bound to cause blocking road, especially when buses stop to discharge or pick up passengers.
8. WCCs concerns with fast food premises operating late at night are clear from the FFP1 policy
Policy Considerations
Policy HRS 1 states:
B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies
C. For the purpose of Clause B above, the Core Hours for this application as defined within this policy is:
Fast Food: Monday to Thursday: 10am to 11.30pm. Friday and Saturday: 10am to Midnight. Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday: Midday to Midnight
Policy FFP1(A) states:
A. Applications outside the West End Cumulative Zones 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 operation of any delivery services for alcohol and/or late-night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meet the definition of a fast food premises in Clause D.
D. For the purposes of this policy a Fast Food Premises is defined as:
1. A premises that provides late night refreshment, either by way of fast food over a counter, via a self-seating basis or take away for immediate consumption.
2. Food and drink are: a. Available on the premises for self-selection. b. Prepared on the premises. c. Cooked or produced off the premises but brought to that premises in advance of its sale to customers.
3. The food and drink are provided in pre-sealed or open disposable packaging which is intended for immediate consumption.
4. A fast-food premises can provide a delivery service as part of its operation, however that service must be ancillary to the main function of the premises as defined within sub-clauses D,1 to D,3 above.
SUBMISSIONS AND REASONS
The Presenting Officer, Jessica Donovan, Senior Licensing Officer, introduced the application to the Committee.
Mr Ladenburg informed the Committee that the Applicant was a resident in the area and took over operation of the Premises in 2013. The Applicant understands the issues in the area but does not foresee a problem with customers eating on the premises. He has used TEN’s for only Saturdays and Sundays to remove conditions 16 and 17. The Premises trade under the TENs did not attract complaints. However, there is an accepted breach of those conditions which has resulted in the submission of this application.
Mr Ladenburg directed the Committee to the written submissions and said that there has not been any outreach to residents, but this was due to a change in solicitors and movement in the parent company. The Applicant apologised.
Mr Ladenburg said that there will be third party deliveries from UberEats and Deliveroo as Mr Syed Hassan, the operator, has been unable to find drivers of his own. Mr Ladenburg said that the application suggested numerous conditions including a condition on a patrol from a member of the premises at 21.00, which Mr Ladenburg said would now start later at 23.00.
Counsel advised the Committee that during the Coronavirus pandemic, the demand for deliveries increased significantly. Mr Ladenburg said he understood that there could be a public nuisance increase from third party deliveries but that the patrolling offered by the Applicant was a very visible and effective way to reduce this occurring.
The Committee asked why the patrolling had been moved to 23.00 from 21.00. Mr Ladenburg said that this was a better time in terms of potential nuisance.
The Committee also queried where delivery drivers would wait. Mr Ladenburg said that the seating inside allows sufficient space for delivery drivers to wait. When asked where drivers would be able to wait if the premises had all seats in use and people waiting for food inside, Mr Ladenburg said they would then in this instance wait outside. From 23.00 staff would also be patrolling this area to make sure drivers were being quiet. The Applicant felt that takeaways and deliveries could be conducted at the Premises without issue.
Mr Syed Hassan, the Applicant, addressed the Committee said that there was a Subway and a Kentucky Fried Chicken operating on the same street operating late licences. Mr Hassan said that drivers are already on the street for these two venues. Mr Hassan said that there are AirBNB’s operating in the area showing how it was not entirely residential and the dwellings were not continuously occupied. Mr Hassan said that the economic situation was very difficult, and an increase in operating hours would enable him to generate more revenue.
Mr Hassan stated to the Committee that he is not aware of delivery vehicles blocking or causing an obstruction on the public highway.
The EHS informed the Committee that although there have been no complaints levelled at the Premises there was a breach of the conditions on the current Premises Licence. There is concerns about nuisance from delivery drivers and she questioned how effective a patrolling member of staff would be in controlling the noise from delivery drivers and vehicles.
Mr Brown stated other venues on the street had received many complaints from local residents on noise and said this venue could easily increase this. Mr Brown said that the issue with delivery drivers was not when they were due to collect food, but when the drivers congregate outside a premises waiting for an order to come in. Mr Brown said he would accept core hours for those eating in.
A representative from the Hyde Park Estate Association addressed the Sub-Committee saying that Praed Street was very narrow, and there was not much space for people to stand and wait for deliveries. They also said that the noise from general conversation is enough to disturb local residents and complaints to these companies had been made but to no avail. Members heard how Praed Street was a two-way street and the congregation of bikes had stopped a bus being able to move freely on the street.
South-East Bayswater Resident Association stated they want the whole application refused.
Mr Brown said that the policy of Westminster City Council favours directly employed delivery drivers for a reason, and that reason was that the premises has direct control over them. Mr Brown said this would not be the case under this operator as Mr Hassan had said he had not been able to recruit drivers of his own.
DECISION
The Committee has determined an application for a grant of a variation of a Premises Licence under the Licensing Act 2003.
The Committee noted and are aware of the concerns relating to delivery drivers including Policy references. The Committee recognised the need for good operators who comply with conditions on their Premises Licence.
The Committee also had regard to the fact that there is limited control of the behaviour of 3rd party delivery operators, which causes residents concern.
Having carefully considered the Act, Westminster’s Statement of Licensing Policy, the sec 182 Guidance, committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -
1. To REFUSE permission to:
Remove the following condition: -
16. There shall be no sales of hot food or hot drink for consumption off the premises after 00:00.
2. To GRANT permission to:
Add the conditions proposed by the applicant to from part of the operating schedule:
1. 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 license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.
2. 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.
3. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) hours on the following day.
3. To AMEND condition 17 to read:
17. Home delivery service of any kind from the premises shall only take place:
Monday to Thursday 23.00 to 23.30
Fridays and Saturdays 23.00 to 00.00
.
4. All other conditions are to remain as existing.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
26 October 2023
Supporting documents:
-
LSC Report - Chicken Cottage_Redacted, item 2.
PDF 3 MB - Restricted enclosure View the reasons why document 2./2 is restricted