Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Pimlico North   *  None   ** Victoria Buffer Zone	Fireaway Pizza Basement and Ground Floor 79 Wilton Road SW1V 1DL	New Premises Licence	24/00080/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 9 May 2024

 

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Karen Scarborough 

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Daisy Gadd

                                Committee Officer:  Jessica Barnett

                                Presenting Officer: Kevin Jackaman

 

Others present:       M El Sayed (Applicant), Anil Drayan (Environmental Health Services), Richard Brown, representing Charlotte Middleton, and Mr Struycken

 

Application for a New Premises Licence in respect of Fireaway Pizza, Basement and Ground Floor, 79 Wilton Road, London, SW1V 1DL

 

Full Decision

Premises

 

Fireaway Pizza

Basement and Ground Floor

79 Wilton Road

London

SW1V 1DL

 

Applicant

 

M El Sayed

 

Ward

 

Pimlico North

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

Victoria Buffer

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operates as a pizza restaurant over the basement and ground floor. The Applicant seeks the following: 

 

1.     To grant permission for Late Night Refreshment Monday to Thursday 23:00 to 23:30, Friday to Sunday 23:00 to 00:00

 

2.     To grant permission for the Opening Hours of the Premises Monday to Thursday 12:00 to 23:30, Friday to Sunday 12:00 to 00:00.

 

 

There is a resident count of 145.

 

Representations Received

 

Environmental Health Service

Metropolitan Police Service- withdrawn following agreed conditions

Two Local Residents

 

Issues raised by Objectors

 

EHS: A representation has been made because the insufficient and unclear conditions have been offered. The application may undermine the public nuisance and public safety licensing objectives.

 

Local Residents: Extending the hours will lead to more nuisance. It will lead to cars/traffic and people talking/smoking outside. Intoxicated crowds will go to this restaurant which would be open later than other restaurants in the area. Local residents are already plagued with noise and disruption from delivery drivers and late night eaters. Having longer opening hours would make the premises a magnet at night.

 

Policy Considerations

 

Policies SCZ1, HRS1 and FFP1 apply.

 

 

Submissions

 

1.     The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application for a new premises licence, made by Mr El Sayed.

 

2.     Mr El Sayed, the applicant, explained that the business has been run as a franchise and has been open since July 2024 without any complaints received. Mr El Sayed noted that they do not sell alcohol. Mr El Sayed explained that the premises has one metre of pavement at the front of the store where delivery drivers are able to park when collecting orders from the premises and that the pizzas take three minutes to cook, which reduces the amount of time delivery drivers need to wait to collect orders. Mr El Sayed noted that there are a number of other restaurants and take-aways on Wilton Road with extended opening hours.

 

 

3.     The Sub-Committee asked whether there was any outdoor seating and what type of food is served. Mr El Sayed confirmed that there was no outdoor seating and the only food served was pizza.

 

4.     The Sub-Committee asked what delivery services the business uses. Mr El Sayed stated that they use Deliveroo and Uber Eats and do not provide any in-house delivery service. Both Deliveroo and Uber Eats delivery drivers use peddle bikes which reduces noise.

 

5.     The Sub-Committee asked whether there was a condition requiring delivery services only use peddle bikes. It was confirmed that this had not been proposed by Environmental Health.

 

6.     The Sub-Committee asked how many deliveries are made in an evening. Mr El Sayed responded that they deliver approximately 20 deliveries in an evening.

 

7.     Mr Anil Drayan from Environmental Health re-iterated that the application is solely to decide late night refreshments after 23:00 and that the applicant had accepted the police condition of no deliveries after 23:00 therefore if the Sub-Committee were minded to apply a peddle bike condition, this would not be applicable. Mr Drayan noted that he was initially concerned with how the business would deal with delivery requests received close to 23:00 but following discussion with applicant they explained that they are able to put a ‘no orders after 10.45pm’ on their system which will allow them to stick to the 23:00 curfew on deliveries.

 

8.     Mr Drayan confirmed that the applicant has agreed to all other proposed conditions. Mr Drayan noted that he had checked the extraction system and was involved in the original planning application for the premises where various conditions for odour and noise were applied and since the business has been in operation they have not received any complaints. Mr Drayan explained that the premises does contain a small outdoor private forecourt at the rear. The Applicant had confirmed that this is not used however Environmental Health asked for a condition for this space not to be used after 23:00 just in case.

 

9.     Mr Drayan noted that there are enforcement powers if issues do arise. There have been cases where the planning and licensing grant consents for different hours and conditions and the Applicant in this case would have to comply with the conditions on both the planning permission and the premises licence.

 

10. Mr Richard Brown, from Westminster’s Licensing Project, representing a local resident living in close proximity, explained that they are directly impacted by the premises and others on the same street late opening hours. The particular problems were noise from take-away customers and delivery drivers. Mr Richard Brown stated that they were happy with the condition of no deliveries after 23:00 however they would also like a condition for no take-away by walk-in customers after 23:00.

 

11. Mr Struycken, a local resident explained that they regularly experience disturbances from customers sitting outside their home eating and discarding rubbish from local businesses including Fireaway Pizza. Mr Struycken noted that they are not aware of any other premises in the area operating later than 23:00 and were concerned that should this licence be granted, other businesses in the area would follow suit. This would attract more people in the area late at night. 

 

 

12. The Sub-Committee asked whether it would be possible to add a condition regarding waste and rubbish. It was confirmed that there is a condition regarding this.

 

Conclusion and Reasons

 

1.     The Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.

 

2.     The Sub-Committee considered that granting the application within core hours alongside the conditions agreed by the Applicant would promote the licensing objectives. The willingness of the Applicant to agree to the conditions proposed also indicated that they had taken account of the issues in the Victoria Buffer Special Consideration Zone (including noise at night), in accordance with policy SCZ1.

 

3.     In reaching its conclusions, the Sub-Committee in particular placed weight on the fact that the Applicant had agreed for there to be no food delivery service after 23:00 hours, thereby reducing the potential impact of delivery drivers on local residents late at night. The Sub-Committee also placed great weight on the fact that the Responsible Authorities were content for the Application to be granted. 

 

4.     The Sub-Committee noted the concerns of the two local residents regarding nuisance and rubbish. However, the Sub-Committee considered that the conditions proposed were robust and enforceable such that the licence holder would be required to follow them. The agreed conditions included a condition regarding rubbish, and the licence holder was required to follow this condition. If he did not, then enforcement action could be taken. It was noted that this represented an improvement compared to the current situation where the Premises was able to operate until 23:00 hours without a Premises Licence and without any conditions designed to promote the licensing objectives and lessen the impact on residential amenity.

 

5.     Finally, it was considered that a condition to prevent hot food takeaway by walk-in customers after 23:00 hours would be disproportionate given the small size of the Premises, the fact that the Premises would operate within core hours, the fact that the Responsible Authorities were content with the application and the willingness of the Applicant to agree to all other conditions. 

 

Having carefully considered the committee papers, the additional papers and the submissions made by all parties, both orally and in writing, the Committee has therefore decided,after taking into account all the individual circumstances of this 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, Friday to Saturday 23:00 to 00:00, Sunday N/A. Sunday immediately before a Bank Holiday 23:00 to 00:00.

 

2.     To grant permission for the Opening Hours of the Premises Monday to Thursday 12:00 to 23:30, Friday to Saturday 12:00 to 00:00, Sunday 12:00 to 22:30. Sunday immediately before a Bank Holiday 12:00 to 00:00.

 

3.     That the Licence is subject to any relevant mandatory conditions.

 

4.     That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

5.     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 and will include the external area immediately outside the premises entrance. 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.

 

6.     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.

 

 

7.     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 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)  all seizures of drugs or offensive weapons

(f)    any faults in the CCTV system, searching equipment or scanning equipment

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

 

8.     There shall be no food delivery service after 23:00.

 

9.     All windows and external doors shall be kept closed after 23:00 hours except for immediate access and egress of persons.

 

10. After 23:00 hours patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take drinks containers with them.

 

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

 

12. 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.

 

13. 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. 

 

14. 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 businesses and residents in the vicinity.

 

15. All tables and chairs shall be removed from the outside area by 23:00 hours each day.

 

16. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

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

 

18. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 08:00 hours on the following day unless it is during the council’s own collection times for the street.

 

19. No deliveries to the premises shall take place between 23:00 hours and 08:00 hours on the following day.

 

20. 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 or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

21. The number of persons permitted in the basement part of the premises at any one time (excluding staff) shall not exceed 20 persons.

 

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

 

The Licensing Sub-Committee

9 May 2024