From: Steward, Michelle: WCC
Sent: 06 January 2020 09:23
Subject: FW: 44 Old Compton Street W1D 4TY, reference 19/13568/LIPN
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.
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 The application for a licence for live and recorded music is withdrawn accordingly.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.
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.