From: Steward, Michelle: WCC
Sent: 06 January 2020 09:23
Subject: FW: 44 Old Compton Street W1D 4TY, reference 19/13568/LIPN
Dear All,
Please find
attached correspondence received from the applicant in response the
representations received during the consultation period.
The applicant will
be attending the hearing with his legal counsel, Martin Young.
Kisi, please kindly
circulate the information provided below to members of the committee and I
confirm that a copy of this email has been sent to all interested parties.
Kind regards
Michelle
From: Amedeo Aterrano <amedeo.aterrano@hotmail.com>
Sent: 26 December 2019 15:09
To: Steward, Michelle: WCC <msteward1@westminster.gov.uk>
Cc: Donovan, Jessica: WCC <jdonovan@westminster.gov.uk>;
Seaward, Angela: WCC <aseaward@westminster.gov.uk>;
Koduah, Maxwell: WCC <mkoduah@westminster.gov.uk>
Subject: 44 Old Compton Street W1D 4TY, reference 19/13568/LIPN
Licensing Act 2003, as amended:
application for new premises licence by:
Six Italian Food t/a L’antica
Pizzeria Da Michele Ltd
RESPONSE OF APPLICANT TO
REPRESENTATIONS RECEIVED
(A) Representations of Mr
Maxwell Koduah, EHO
Memorandum 12 November 2019
and proposed conditions 18 December 2019.
1. With one exception, set out at
(2) below, the applicant agrees the proposed Environmental Health conditions.
2. As to proposed condition 5(b)
the applicant respectfully asks the Authority to permit a maximum of 75 persons
to occupy the first floor in place of the proposed 70. The licensing plan
4340/08/C shows space for 68 seated persons, including 4 at the bar. No
customers will be permitted to stand. The applicant needs the flexibility to
allow, as custom may demand from time to time:
2.1 some of the two-seat tables to have a third
chair added or to be joined and a fifth chair added;
2.2 some of the single table to be joined and a third
chair added.
This is unlikely to occur
frequently and would help promote the licensing objective as to public nuisance
by accommodating customers and not turning them out in to the street.
(B) Representations of Ms
Angela Seaward, Senior Licensing Officer
e-mail to applicant dated 22
November 2019
1. The applicant is grateful to
Ms Seaward for drawing attention to paragraph 7 of Schedule 1 of the Act. Both
any live and all recorded music will be incidental to the provision of food and
drink with food. All live and recorded music will end at 23.00. The application
for a licence for live and recorded music is withdrawn accordingly.
2. The applicant requests the
Authority to consider granting a licence for late night refreshment and the
sale of alcohol (for consumption with meals) for hours set out in the
application slightly longer than the core hours. The premises licence granted
to Patisserie Valerie Ltd for 44 Old Compton Street with number 16/05700/LIPDPS
was for the same hours for those licensable activities and with the same
opening times as now sought by the applicant. The previous premises licence
lapsed owing to the insolvency of Patisserie Valerie Ltd and this means this
application for a new premises licence falls within the possible exceptions
identified in HRS1 2.4.8. There are no representations relating back to
operation under the former premises licence indicative of any problem meeting
the licensing objectives with these hours. The premises have been extensively
redesigned and renewed from the Patissirie Valerie Ltd days and will be
refitted throughout.
Furthermore:
2.1 this will be a good quality restaurant compliant
with RNT2 where the flexibility to offer seated diners alcoholic drink towards
the end of a late evening meal is essential.
2.2 Many diners will be coming from theatre, cinema
or other entertainment in the West End, as well as workers in those venues and
office workplaces.
2.3 The late night refreshment, with alcohol, offer
is the same as for the restaurant operated by the applicant’s key personnel at
197 Baker Street with premises licence number 17/10523/LIPCHT. While not in a
Cumulative Impact Area, these hours have been demonstrated to promote the
licensing objectives in and around that location, being the provision for
late-night good quality dining. The operation at Baker Street shows that it is
possible to promote the licensing objectives in this context with a 30 minute
winding-down period when diners are no longer able to buy alcoholic drink at
the end of their meal. The activities on theses premises are not alcohol-led in
terms of HRS1 2.3.3.
2.4 Diners at the 44 Old Compton Street restaurant
are rarely likely to go in search of a bar or pub after 00:30 (00:00 Sunday) as
contemplated by HRS1 2.4.2. There are no representations from residential
neighbours in Old Compton Street giving rise to the concerns set out in HRS1
2.3.4 onwards.
2.5 Likewise the type of restaurant operation at 44
Old Compton Street, albeit until after midnight, will not make a material contribution
to the problems identified in HRS1 2.4.1. This is not an operation within the
ambit of HRS1 2.4.2. Dispersal of customers will be over a period of time,
after closing time for pubs. and before night-clubs close.
2.6 Therefore the wishes of the Authority at CIP1
2.4.25 will be fulfilled by the provision of this restaurant within the range
of entertainment where this is suitable and will help reduce the extent of
dominance of pubs, bars, fast food premises and night clubs in the West End
Cumulative Impact Area.
2.7 As a restaurant the premises will not make a
significant, if any, contribution to crime and disorder for the purposes of
policy CD1.
2.8 Public safety, within policy PS1, has been
addressed by the EHO and the applicant as above in section (A).
2.9 Likewise public nuisance, within policy PN1,
also at section (B).
2.10 As to policy CH1, unaccompanied children are
unlikely to dine at this restaurant. For all children on the premises,
management and staff are trained as to the material law and the ‘Challenge 25’
scheme will operate at Old Compton Street as at Baker Street.
2.11 Further representations will be made at the
hearing as may be necessary and permitted by the Licensing Sub-Committee. Every
effort will be made to notify these in advance.
REPRESENTATION OF THE
APPLICANT AT THE HEARING
The director of the applicant, Mr
Amadeo Ateranno will attend the hearing.
The applicant will be represented
by counsel directly instructed, Mr Martin Young.
Kind Regards
Amadeo Aterrano
Director