Agenda item
Application by Ganapathy Cash & Carry Ltd for a Premises Licence for 'Ganapathy Food & Wine' (Unit 4, 29-33 Ealing Road, Wembley, Middlesex, HA0 4AA) pursuant to the Licensing Act 2003
The application for a premises licence is to be permitted to supply alcohol from 06.00 until 00.00 Monday to Sunday.
Decision:
Granted the application for a new premises licence to allow the supply of alcohol from 06:00 hours until midnight daily subject to conditions on CCTV installation, proof of age and general conditions.
Minutes:
The Chair welcomed the applicant, his representative and the objectors to the meeting and after general introductions explained the procedure that would be followed during the hearing.
Applicant
Ms Debora Sylvester (Applicant’s representative)
Mr Rajasingam Marshal (the applicant) attended in support.
Licensing Authority
Mr Alan Howarth, Health Safety & Licensing introduced the matter and drew the Sub-Committee’s attention to the applicant’s request for a new premises licence to allow the supply of alcohol from 06:00 hours until midnight daily.
He informed the Sub-Committee that representations had been received from local businesses whose representatives were in attendance at the hearing and from the Licensing Constable whose report and conditions for the grant of a premises licence were attached to the main report.
Objectors
Mr Shahab Hussein – Wembley Mosque.
Mr Hussein started by saying that the application for a premises licence to supply alcohol 29-33 Ealing Road would be inappropriate due to its proximity to the Mosque, a place of worship. He added that the supply of alcohol inherently encouraged street drinkers and frequently resulted in harassment of the worshippers particularly women. This was likely to lead to accentuate the current anti-social behaviour for which the local Police had been called frequently to attend to in the past. In summing up Mr Hussein stated that the existence of numerous off-licence establishments, the concerns on drink and drunkenness and anti social behaviour were sufficient reasons for members to refuse the application for a new premises licence
Mr David Musiyampilani – St Antony’s Cash & Carry Ltd
Mr Musiyampilani informed the Sub-Committee that the grant of a new premises licence would detrimentally affect his friends’ business which was also trading under the name Ganapathy (St Antony Cash & Carry) Ltd in terms of confusion and loss of trade. He continued that the supply of alcohol in an area which was already saturated with similar establishments would aggravate the social problems and anti-social behaviour for which Brent Council had worked so hard to prevent.
Mr Kashif Ahmad – Bismillah Butchers
Mr Ahmad started by saying that the grant of a premises licence would aggravate the current anti-social behaviour by youth drinkers about which he had sometimes intervened and called the Police. He added that as there were several similar establishments in the area which encouraged anti-social, there was no need to grant this application as it would further worsen the existing situation.
Applicant
Ms Sylvester started by saying that the applicant Mr Marshal being an owner of numerous licensed premises was an experienced licence holder who had had no problems with either the Police of youth drinkers. She added that the applicant had been in regular contact with the Police throughout the preparation of the application and had given his unqualified assurance to accept and implement the conditions set by the police for the grant of the premises licence.
She continued that Mr Marshal the applicant had resolved any outstanding issues with the next door neighbour, TULSI and produced a written document to confirm that TULSI had withdrawn their objections to the application. She clarified that the problems highlighted by the previous objectors had nothing to do with the applicant as he was not the trading operator then. In conclusion, Ms Sylvester reiterated that the applicant would be willing to accept the conditions recommended by the Police for the grant of a premises licence.
At this point the applicant, his representative and the objectors were asked to leave the meeting room to enable the Sub-Committee to discuss the relevant issues of the application.
Having considered the submissions by the applicant’s representatives and the representations made by the objectors, the Sub-Committee determined;
that the application by Ganapathy Cash & Carry Ltd for a new premises licence to allow the supply of alcohol from 06:00 hours until midnight daily pursuant to the Licensing Act 2003 be granted subject to conditions.
1 CCTV shall be installed to Home Office Guidance standards and maintained in a good working condition and recordings shall be kept for 31 days and shall be made available to police and licensing officers if requested.
2 A CCTV camera shall be installed to cover the entrance of the premises.
3 A sign stating “No proof of age – No sale” shall be displayed at the point of sale.
4 A “Challenge 21” policy shall be adopted and adhered to.
5 A refusal book shall be kept and maintained.
6 No high strength beers, lagers, ciders above 5.5% ABV shall be stocked with the exception of premium beers.
7 “Raid Control” crime prevention measures shall be installed and all staff given suitable training (not including smoke note).
8 The licensee shall keep an incident book which shall be made available to the Police and Licensing Authority.
9 A clear and unobstructed view into the premises shall be maintained at all times.
10 A suitable intruder alarm complete with panic button shall be fitted and maintained.
11 A personal licence holder fluent in English shall be present on the premises and supervise the sale of alcohol throughout the permitted hours for the sale of alcohol.
12 The premises shall be staffed by a minimum of 2 persons after 6.00pm.
The Sub-Committee acknowledged the representations made and the conditions recommended by the Police and felt that the imposition of those conditions which the applicant had clearly indicated to accept, would address the concerns expressed by the objectors and issues that could arise from the grant of the premises licence.