Licensing Sub Committee B - Thursday, 7th November, 2024 6.30 pm

November 7, 2024 View on council website
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Summary

This meeting was scheduled to consider a review of an existing off-sales licence for Zapp at 2-7 Clerkenwell Close, and an application for a new licence for Kings Cross Continental Stores at 26 Caledonian Road.

Zapp, 2-7 Clerkenwell Close - Review Application

The Licensing Sub-Committee were scheduled to consider a request for review of the off-sales licence for the premises known as Zapp at 2-7 Clerkenwell Close. The application for review was submitted by a resident who lives near to the premises, Robert Cunningham.

Mr Cunningham alleged that Zapp delivery riders were the source of a range of anti-social behaviour and public nuisance issues, including noise, smoking, littering, and the obstruction of the pavement. He said they congregate in large groups outside of his flat late at night. He also alleged that he and his partner were assaulted by a Zapp delivery driver on 14 February 2023. Mr Cunningham also alleged that because the riders wear motorcycle helmets, Zapp cannot verify that they are not selling alcohol to minors.

how does ZAPP demonstrate that they have not sold alcohol to a minor who has simply used an adult’s credit card to make the payment, knowing that they would be refused if they went into an off-licence/supermarket

The Licensing Authority said they were concerned that the business was not being managed well.

The Licensing Service is concerned that without robust measures in place, including competent and able management, further serious incidents will occur.

They said that the licensee has not been complying with the existing conditions on the licence.

Where there is a history of non-compliance associated with the management of the premises, the Licensing Authority is unlikely to permit premises to continue to operate without further restrictions on review, unless there is evidence of significant improvement in management standards.

The Metropolitan Police confirmed that the alleged assault had been reported.

Police can confirm that the matter in question was indeed reported and investigated [CRIS 2704060/23 refers], but that no suspect identification was possible and the report was closed.

They said that, while they have broader concerns about the behaviour of delivery riders in the borough, they had no evidence of crime or disorder at the premises since the assault allegation. They did not recommend any changes to the existing licence conditions.

The Community Safety Team confirmed they had received numerous reports of anti-social behaviour associated with Zapp, mainly from Mr Cunningham.

Last month and onwards, I have received emails from Mr Cunningham, reporting that Zapp delivery drivers have been congregating late hours during the night, causing noise and disturbing residents’ sleep and comfort. There have been some reports of delivery vans operating on Sundays and causing greater levels of noise for the residents. It has also been reported that the drivers have used St James’s Church Yard as a toilet. One resident reported that Zapp activated their air conditioner which is feet away from her bedroom and causing constant noise.

They said that they did not support 24/7 delivery operations in residential areas, as they are too likely to cause community safety concerns.

Due to above challenges, we do not support 24/7 business operation with delivery drivers especially in a densely residential areas of the borough like Clerkenwell Green as they are more likely to cause community safety concerns.

Two other residents wrote to the Sub-Committee. One, who lives in the same block of flats as Mr Cunningham, provided a detailed account of their concerns, including:

I have witnessed riders taking toilet roll into the park and defecting in the public area.

The other resident provided a more concise account of similar concerns.

The council's ASB team provided the sub-committee with a log of all of the complaints they had received about the premises between February 2023 and July 2024. This included four reports on the evening of 28 July, which led to a visit from the team at 21:25.

VstE 21:25. We checked and monitored the area. Although we saw delivery riders, we did not witness any unreasonable noise, drinking, urination or defecation, or other ASB from them while we were present.

They also provided a log of three visits made to the premises by licensing officers between 9 August and 13 September 2024. During a visit on 17 August 2024, they spoke to the manager, Michael Mehmet, who said that:

he had spoken with the neighbour directly now.

The Licensing Authority suggested the sub-committee consider adding a number of new conditions to Zapp's licence, including:

The licensee shall provide a supervisor outside of the premises to control behaviour of riders

Kings Cross Continental Stores, 26 Caledonian Road - New Licence Application

The Licensing Sub-Committee were scheduled to consider an application for a new premises licence to allow the sale of alcohol for consumption on and off the premises from a shop called Kings Cross Continental Stores at 26 Caledonian Road. The applicant is Drink With Dignity Ltd, and the premises is located within the Kings Cross Cumulative Impact Area.

The applicant said that the premises will be a cafe and deli during the day, and:

During the evenings the place will become a little more sophisticated and will serve high quality charcuterie and cheese boards, some light bites, with fine wines, beers and cocktails alongside.

They said that activities will usually finish by 11pm. The application included a schedule of conditions they proposed for the licence. The Metropolitan Police and the Noise Team reviewed the application and negotiated some additional conditions, which the applicant agreed to.

One resident wrote to the Sub-Committee to object to the application, saying that they already suffer from noise from a bar downstairs from their flat.

As a resident of this area, I have already experienced significant noise disturbances and disruptions due to the existing bar located downstairs from my flat.

They said that they are concerned about potential noise, late-night activity and public disorder from the premises.

The applicant wrote to the resident, inviting them to discuss their concerns, but the resident said that they wanted their objection to stand.