Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Harrow Road   * None   ** None	Basement And Ground Floor 353 Harrow Road W9 3NA	New Premises Licence	24/01504/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 13 June 2024

          

 

Membership:   Councillor Aziz Toki (Chair), Councillor Maggie Carman and Councillor Karen Scarborough

 

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:          Mr Grover Paranjeet Singh, (Applicant)

                                Mr Panchal (For and on behalf of the Applicant)

Mr Anil Drayan (Environmental Health - EH),

 

Application for a New Premises Licence in respect of Basement And Ground Floor, 353 Harrow Road, London W9 3NA - 24/01504/LIPN

 

Premises

 

Basement And Ground Floor

353 Harrow Road

London

W9 3NA

 

Applicant and Premises Licence Holder (PLH)

 

Mr Grover Paranjeet Singh

 

Ward

 

Harrow Road

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

There is a resident count of 301

 

Summary of the Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The premises proposes to operate as an Off Licence and Convenience Store

 

To Permit:

 

Sale by Retail of Alcohol (off)

 

Monday to Saturday 08:00 to 23:00

Sundays 09:00 to 22:30

 

Hours Premises Are Open to the Public

 

Monday to Sundays 08:00 to 23:00

 

Representations Received

 

·       Anil Drayan – EHS

 

·       PC Dave Morgan – MPS (Withdrawn 1^st May 2024)

 

·       8 Objections from Interested Parties

 

Issues raised by Objectors.

 

The EHS states there is insufficient information has been provided and the proposal may therefore undermine the licensing objectives.

 

The residents state that the granting of the application would increase anti-social behaviour.

 

Policy Considerations

 

HRS1 States:

 

A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

The Core Hours for Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises):

 

Monday to Saturday: 8am to 11pm.

Sunday: 9am to 10.30pm.

 

SHP1 states:

 

A.    Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to complying with other policies listed under paragraphs A and C of SHP1:

 

 

SUBMISSIONS AND REASONS

 

1.     Mr Kevin Jackaman, Licensing Officer, outlined the application to the Committee.

 

2.     Mr Panchal (For and on behalf of the Applicant), informed the Committee that the PLH has a Personal Licence and operates a number of other shops, which have not been the subject of any enforcement action by the Relevant Authorities.

 

3.     He then expanded on the agreed conditions and highlighted that after agreement, the MPS withdrew their objections. The conditions and in particular those relating to training, challenge 25, CCTV provision and a refusal book will help to promote the Licensing Objectives.

 

4.     Mr Panchal highlighted to the Committee that need was not a licensing issue, so references in the objections should be given limited weight.

 

5.     In response to questions from the Committee, the Applicant confirmed which shops belonged to him and that he understood the issues in the area. He has traded there for 7 to 8 years.

 

6.     They will not provide deliveries, save to the elderly.

 

7.     Mr Drayan stated he maintained his objection as there were a number of objections from residents and he wanted to hear their views. He then confirmed that he was happy with the application.

 

8.     The PLH and EHO agreed to attach model conditions MC35 and 43 to the Premises Licence if it is granted.

 

 

DECISION:

 

Having carefully considered the Licensing Act 2003, the Guidance issued under sec 182 of the Act, Westminster’s Statement of Licensing Policy, the committee papers, 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:

 

To Permit:

 

Sale by Retail of Alcohol (off)

 

Monday to Saturday 08:00 to 23:00

Sundays 09:00 to 22:30

 

Hours Premises Open to the Public

 

Monday to Sundays 08:00 to 23:00

 

2. Relevant Mandatory Conditions to apply.

 

3. To add conditions proposed to form part of the operating schedule:

 

Conditions consistent with the operating schedule

 

6. All goods, including those subjects to duty payments i.e. alcohol and tobacco products shall be brought from cash and carries only an invoices and they shall be available upon request. All alcohol shall be purchased from AWRS registered cash & carry or wholesalers.

 

7. All staff shall be trained every 6 months in relation to the licensing objectives and making sure they are promoted properly.

 

8. Notice displayed asking customers to leave quietly from premises also customers shall be told in person to leave quietly and not to disturb the local neighbourhood.

 

9. A sign stating “No proof of age – No sale” shall be displayed at the point of sale.

 

Conditions proposed by the Police and agreed with the applicant to form part of the operating schedule.

 

10. 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 and shall 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.

 

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. All sales of alcohol for consumption off the premises shall be in sealed containers only.

 

13. 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.

 

14. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

16. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.

 

17. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

18. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

19. Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

 

20. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

21. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

22. 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 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) 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.

 

23. No miniature bottles of spirits of 20 cl or below shall be sold from the premises.

 

24. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

Conditions proposed by the Environmental Health team and agreed with the Applicant at the hearing.

 

25. 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, unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

26. 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, unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

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

 

The Licensing Sub-Committee

13 June 2024