Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park   * None   ** None	Urban Doner Kebab Ground Floor 127 Praed Street W2 1RL	New Premises Licence	23/02223/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

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)

PC Tom Stewart (Metropolitan Police - MPS).

 

Richard Brown (Licensing Advice Project Citizens Advice Westminster) on behalf of:

 

1)    HPEA– Susie Burbridge.

2)    PWMVS

3)    SEBRA – John Zamit

 

Application for a New Premises Licence in respect of Urban Doner Kebab Ground Floor 127 Praed Street London W2 1RL – 23/02223/LIPN

 

                                            Full Decision

Premises: 

 

Urban Donner Kebab,

Ground Floor, 127 Praed Street,

London

W2 1RL

 

Applicant

 

Shaz Food Limited

 

Ward

 

Hyde Park

 

Summary of Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This application seeks to permit the premises to trade as a fast food Premises.

 

The Premises has traded under TENs.

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 68

 

Application

 

To Permit:

 

Late Night Refreshment

Sunday to Thursday 23.00 to 02.00

Fridays and Saturdays 23.00 to 03.00

 

Opening Times

Sunday to Thursday 10.00 to 02.00

Fridays and Saturdays 10.00 to 03.00

 

Representations Received

 

·       PC Tom Stewart – Metropolitan Police Service

·       Sally Fabbricatore – Environmental Health Services (EHS)

·       Elizabeth Virgo – Paddington Waterways and Maida Vale Society

·       John Zamit – South East Bayswater Residents Association

·       Susan Burbridge and Richard Cutts - Hyde Park Association

·       Ms Voronova - Resident

 

Issues raised by Objectors

 

The Police have concerns in regard to the potential crime and anti-social behaviour that may be caused as a result of the provision of late night refreshment, particularly in regard to deliveries from the premises.

 

The provision of and proposed hours for Late Night Refreshment may cause an increase in Public Nuisance in the area and may impact on Public Safety.

 

The non-standard timings may cause an increase in Public Nuisance in the area.

 

These hours are well beyond core hours and stretch well into the night.

 

The application does not specify whether delivery of hot food after 11pm is sought, although there is but a single condition which refers to delivery drivers.

 

Nuisance, litter, noise, waking up residents when making deliveries etc will be detrimental to the area.

 

We cannot see any sale of takeaway food by delivery service being able to run without problems as premises are a busy thoroughfare.

 

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 application is reduced by 1 hour and went on to explain that the Applicant’s Director is Mr Hassan Syed who 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 3 TEN’s.

 

The Premises traded under the TENs did not attract complaints. However, there is an accepted breach of two conditions at Mr Hassan’s other operation at Chicken Cottage, 135 Praed Street.

 

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 9pm, which Mr Ladenburg said would now start later at 11pm.

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 11pm from 9pm. 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, who was online, addressed the Committee and 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.

 

Ms Sally Fabbricatore from Environmental Health informed the Committee that the hours were well beyond the core hours policy. Ms Fabbricatore said a premises where patrons ate in comparison to a premises where deliveries were undertaken were very different. Ms Fabbricatore said that noise from vehicles when doing deliveries was not something the Committee was able to control. Ms Fabbricatore stated a limit on total premises capacity may be of use to Members if they were minded to grant the licence.

PC Tom Stewart from the Metropolitan Police addressed the Sub-Committee and said that Praed Street is very busy and close to transport links. PC Stewart reinforced that delivery drivers do generate noise and third-party drivers are not controlled by the premises directly. PC Stewart said that Praed Street does have comparatively high levels of crime within the area.

The Committee asked PC Stewart what effectiveness he thought that the patrolling would have. PC Stewart said he was not of the opinion that this would have a large effect, especially with regards to engaging with the delivery drivers due to them being employed by a third party.

Mr Richard Brown, representing local resident associations, confirmed to the Committee that this Premises had operated until 11pm with hot food and drink. Other venues on the street had received many complaints from local residents on noise and said this venue could easily increase this. The residents feel 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. Mr Brown said his clients would accept core hours for those eating in.

A representative from the Hyde Park Estate Association addressed the 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, showing how narrow the street was. However HPEA said there always needed to be a balance struck between residents and businesses, and the call for bicycles to be used rather than motor vehicles.

A representative from the South-East Bayswater Resident Association wanted the 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.

 

PC Tom Stewart summing up stating that conditions can be placed on the licence to help mitigate the concerns but welcomed the call for core hours. Ms Sally Fabbricatore advised that the eat-in aspect, take aways on foot and take aways using delivery drivers were three distinct aspects of the licence and should be considered individually by the Committee.

Mr Ladenburg addressed the Committee and said that the congregation of drivers will occur very infrequently as there is an indoor area for them to reside in while they wait.

Mr Ladenburg said that only low-level noise or litter would be expected at this venue and a patrol by a member of staff would be able to mitigate, this showed that there was no need for door staff.

 

DECISION

 

The Committee has determined an application for a grant of a New Premises Licence under the Licensing Act 2003.

 

The Committee noted the existing nuisance caused by delivery drivers in the area and the Relevant Authorities contention that a patrolling member of staff would place themselves at risk and would not be effective.

 

The Committee were mindful of the fact that Mr Hassan had previously breached the conditions on an existing Westminster Premises Licence.

 

The Committee wanted to strike a balance between supporting businesses and protecting residents in the area. The Committee considered Westminster’s Licensing Policy including the terms of Policy DEL1, HRS1 and FFP1(A). The Committee also had regard to the fact that there is limited control of the behaviour of 3^rd party delivery operators, which causes residents concern.

 

Hyde Park Estate Association confirmed that Core Hours with appropriate and proportionate conditions would strike the right balance and the Committee were persuaded by this, having regard to the adverse effect the operation is likely to have on Licensing Objectives in the area and in particular after core hours.

 

Having carefully considered the 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 GRANT permission for:

 

Late Night Refreshment

Monday to Thursday 23.00 to 23.30

Fridays and Saturdays 23.00 to 00.00

 

Opening Times

Monday to Thursday 10.00 to 23.30

Fridays and Saturdays 10.00 to 00.00

Sundays 11:00 to 22.30

 

2.     Relevant Mandatory Conditions to apply.

 

3.     Conditions proposed by the applicant to from part of the operating schedule

 

1. Staff shall be trained on the importance of the Licensing objectives.

 

2. 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.

 

3. The external door shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

 

4. After 23:00 hours, the number of persons permitted in the premises at any one time (excluding staff) shall not exceed 30 persons.

 

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

 

6. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 08:00 hours on the following day.

 

7. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

8. 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.

 

9. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

10. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

11. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

12. 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.

 

13. 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 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 preceding 31 day period.

 

14. 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.

 

15. 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, which 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

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

 

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

 

17. 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.

 

18. 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.

 

19. 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.

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

26 October 2023