Agenda item
Crispies, 412 Harrow Road, W9 2HU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4
(“The Committee”)
Thursday 18 January 2024
Membership: Councillor Angela Piddock (Chair)
Councillor Louise Hyams
Councillor Md Shamsed Chowdhury
Officer Support Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Others present: Joshua Simons (Agent on behalf of the Applicant),
Mr Irshad Ullah Tabib (Applicant)
Application for a New Premises Licence in respect of Crispies, 412 Harrow Road, London W9 2HU - 23/06874/LIPN.
FULL DECISION
Premises
Crispies
412 Harrow Road
London
W9 2HU
Applicant
Mr Irshad Ullah Tabib
Ward
Harrow Road
Cumulative Impact
None
Special Consideration Zone
None
There is a resident count of 240.
Application
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The premises is to trade as a quick service takeaway and restaurant.
The premises previously held a premises licence from September 2005 until May 2016 when the licence lapsed due the licence holder company being dissolved.
This application seeks the following:
To Permit:
Late Night Refreshments (Indoors)
Mondays to Thursdays 23:00 to 23:30
Fridays and Saturdays 23:00 to 00:30
Hours Premises Are Open to the Public
Mondays to Sundays 10:00 to 00:15
Representations Received
· Ayesha Bolton – Environmental Health Services (EHS) (Withdrawn 16 Jan 2024)
· PC Tom Stewart – Metropolitan Police Services (MPS) – (Withdrawn 21 Nov 2023)
· Resident.
Issues raised by Objectors.
The EHS condition agreed.
The MPS conditions agreed.
The resident states is incompatible with a residential area and trade will impact resident’s sleep.
Policy Considerations
Policy HRS 1 state:
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 Clauses A and B above, the Core Hours for Restaurants:
Monday to Thursday: 9 am to 11.30pm.
Friday and Saturday: 9 am to 12am.
Sunday: 9am to 10.30pm.
Sundays immediately prior to a bank holiday: 9 am to 12am.
Policy RNT1 state:
B. Applications inside 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 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 demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant.
Policy FFP1(A) state:
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.
Policy DEL1 states:
A. Applications for premises that intend to sell alcohol and/or late-night refreshment for delivery to customers at a residential or workplace address, which is ancillary to the main use of the premises, will generally be granted subject to not being contrary to other policies within this Statement of Licensing Policy and that it meets the Policy criteria.
SUBMISSIONS AND REASONS
1. The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the parties and the application to the Committee.
2. Mr Simons outlined the application and confirmed his discussions with the MPS and EHS which resulted in conditions being agreed and the Authorities withdrawing their representations.
3. The Committee was informed that these conditions addressed the issues raised by the resident about the control of noise emanating from customers and the Premises and nuisance.
4. The Applicant confirmed to the Committee that attempts have been made to contact and meet with the objector but with no response. However, the Applicant is still willing to meet, and a contact number will be displayed at the Premises in accordance with condition 24 below.
5. The Applicant in response to the Members questions stated that he uses registered waste removal companies, and a majority of delivery drivers use electric vehicles.
6. A majority of customers will be local, but the operator may also have some deliveries from the Premises.
DECISION
The Committee noted the conditions agreed with MPS and EHS and that the relevant Authorities had withdrawn their representations. There remain one outstanding resident’s representation and that the resident was not present at the hearing.
Having carefully considered the Act, the Guidance issued under sec 182 of the Act, Westminster’s Statement of Licensing Policy, 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: -
- To GRANT permission:
To Permit:
Late Night Refreshments (Outdoors)
Mondays to Thursdays 23:00 to 23:30
Fridays and Saturdays 23:00 to 00:30
Hours Premises Are Open to the Public
Mondays to Sundays 10:00 to 00:15
- To add proportionate and appropriate conditions proposed to form part of the operating schedule:
Conditions agreed and consistent with the operating schedule.
9. The applicant shall maintain and operate a comprehensive CCTV system taking into account some of the minimum requirements these shall include:
(a) All entry and exit points shall be covered enabling frontal identification of every person entering in any light condition.
(b) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and shall include the external area immediately outside the premises entrance.
(c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(d) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
10. CCTV equipment shall be checked on a daily basis and any faults and corresponding engineer call outs; immediately arranged and recorded in the Incident Log.
11. 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.
12. There shall be an area allocated permanently for seated customers in order to prevent overcrowding and to allow those customers who purchase food and beverages to be able to consume these on the premises.
13. Staff levels shall be maintained at a minimum of 3 persons on the premises during the provision of late-night refreshment to ensure customers can be served effectively and to reduce any queues that may form.
14. Warning signs about crime prevention measures shall be prominently displayed inside the premises retail area.
15. An incident log shall be kept at the premises, and made available on request to an authorized officer of the Local Authority or the Police, which shall record the following:
i. All crimes reported to the venue.
ii. Any complaints received.
iii. Any faults in the CCTV system.
iv. Any visit by a relevant authority or emergency service
16. Delivery drivers employed by the applicant, or third parties 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 and to park in the demarcated loading bays directly outside the premises.
17. A manager shall be on duty during licensable timings. Part of the role of the manager shall be to ensure customers and or delivery drivers do not congregate.
outside the premises.
18. Notices shall be prominently displayed at the customer service counter and at the exit requesting customers and delivery drivers to respect the needs of local residents and leave the area quietly.
19. 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.
20. 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
21. Exclusion of person/s under 18 years of age from the premises (unless accompanied by a parent or guardian) when any licensable activities are taking place past midnight – this shall be communicated by staff to customers where required and enforced by a manager if required.
22. 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.
23. All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.
24. 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.
25. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
26. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 and 08.00 hours on the following day.
27. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
28. Deliveries of food shall only be made to a bona fide residential or business addresses.
29. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 15 persons.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
18 January 2023
Supporting documents:
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Crispies - LSC Report_Redacted, item 2.
PDF 2 MB - Restricted enclosure View the reasons why document 2./2 is restricted