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Agenda item

Olivier's Bakery and Kitchen, 71 Great Portland Street, London, W1W 7LR

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward / Not in Cumulative Impact Area

Olivier's Bakery and Kitchen

71 Great Portland Street

London

W1W 7LR

New Premises Licence

20/04489/LIPN

 

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 6th August 2020

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Margot Bright and Councillor Aziz Toki

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a New Premises Licence [20/04489/LIPN ]

 

Full Decision

 

Premises

 

Olivier’s Bakery and Kitchen

71 Great Portland Street

London

W1W 7LR

 

 

Applicant

 

Olivier’s Bakery Great Portland Street Ltd

Represented by Craig Baylis (Bryan Cave Leighton Paisner, Solicitors)

Nathanael Wiseman – Representing the Applicant company

 

 

Cumulative Impact Area?

 

No

 

 

Ward

 

West End

 

 

Summary of Application

 

The Premises would operate during the day as a bakery/café providing a café experience consisting of freshly baked bread, pastries as well as coffee, and juices. However, in the evening the Premises would change its style of operation by operating as a restaurant offering selected wines, beers, and limited cocktails to diners taking a sit-down meal; or in the small bar area before or after their meal. The Applicant sought permission to sell alcohol On the Premises only along with the Hours for Opening for the times specified below.

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [On Sales]

 

Monday to Thursday 10.00 to 23.30

Friday and Saturday 10.00 to Midnight

Sunday 12.00 to 22.30

 

 

Hours premises are open to the public

 

Monday to Thursday 07.30 to 23.30

Friday and Saturday 07.30 to Midnight

Sunday 07.30 to 22.30

 

 

Representations Received

 

·       Metropolitan Police (Reaz Guerra) – Now withdrawn

·       Environmental Health (“EH”) (Anil Drayan)

·       Ms Carolyn Hamilton (Local Landlord)

·       Mr Linus Rees (Fitzrovia Neighbourhood Association)

 

 

 

Summary of issues raised by objectors

 

  • The Supply of Alcohol and for the hours requested may have the effect of increasing Public Nuisance in the area therefore having a negative impact on local residents.

 

  • Local Residents raised concerns as to why customers would need to drink alcohol at a bakery.

 

 

Policy Position

 

There is no policy to refuse this application (as the Premises was not situated in an area of Cumulative Impact. The application must, therefore, be determined on merit. Licensable activities would be licensed until core hours. 

 

 

DECISION

 

Having considered all the submissions made by the applicant and those opposing the application, the Licensing Sub-Committee (“The Sub-Committee”) decided to grant the application subject to additional conditions.

 

The Sub-Committee heard a description of the proposal from Mr Baylis with further evidence provided by Mr Wiseman.

 

Mr Baylis confirmed that the Premises would function as a bakery and to provide reassurance a condition was proposed requiring the supply of alcohol to be ancillary to the Premises operating as a bakery.  All customers consuming alcohol would also be required to be seated and served by waiter/waitress service only. The Sub-Committee welcomed this proposed condition. The applicant had accepted the conditions proposed by Environmental Health (EH) and was content to restrict any deliveries to the Premises to certain times in order to minimise any impact on local residents. Further information was provided on the waste management protocols in place including details on how the waste would be stored in a waste storage area located in the courtyard before being presented for collection. Following discussions, the applicant agreed for an additional condition on the licence to ensure waste could only be presented out on the street no earlier than 30 minutes before the scheduled collection time. Following questions from the Sub-Committee Mr Baylis confirmed that the submitted plan had accidently omitted the courtyard from the licensable area and as such an updated plan would be lodged if the application was granted.

 

Mr Drayan, representing Environmental Health, confirmed that the applicant had agreed their proposed conditions. EH was satisfied with the application and highlighted that the supply of alcohol would be ancillary to a person taking a table meal.

 

Ms Hamilton, a local landlord, expressed concern over the application due to the already high number of licensed premises situated on Great Portland Street which were in her judgement causing public nuisance issues for local residents. The operation of a bakery during the day was not a cause for concern but the operation of another restaurant later in the evening did due to its change in style and character. The concerns raised included customers congregating outside to smoke and taking their drinks with them, the continual opening of the entrance door and the potential for takeaway vehicles waiting outside, all of which could lead to increased levels of noise and litter therefore adversely affecting residents by way of nuisance.

 

Mr Baylis explained that the Applicant had no plans to operate any style of takeaway service from the Premises and to further address concerns raised would accept a condition on the licence requiring all windows and external doors to be closed after 21:00 hours. To minimise any impact on local residents the Applicant also confirmed that the tables and chairs located in the courtyard area would be rendered unusable after 22:30 hours.

 

The Sub-Committee expressed the view that it had been difficult to establish the true nature of the application because it lacked sufficient detail in parts. After careful consideration however the Sub-Committee granted the application subject to a number of additional conditions. It was noted that EH was now satisfied with the application following the agreement of conditions which included ensuring the supply of alcohol was ancillary to customers taking a table meal. Further conditions proposed by the applicant requiring the supply of alcohol to be ancillary to the Premises operating as a bakery and requiring its supply to be by waiter/waitress service were also welcomed by the Sub-Committee. It was considered that the waste disposal plan was adequate which in conjunction with an additional condition that the operator could only present waste for disposal on the street no earlier than 30 minutes before it was due to be collected would ensure this would have minimal impact on local residents. Further reassurance was provided by the proposed restriction prohibiting customers leaving the Premises to smoke taking drinks or glass containers with them. Residents would also be offered further protection through the condition requiring all windows and external doors to be kept closed after 21:00 hours and all external tables and chairs to be rendered unusable after 22:30 hours.

 

Having taken into account all the evidence with due consideration also being given to the representations received from local residents, the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised. The Applicant had demonstrated that the application was appropriate, with the conditions proposed restrictive enough to ensure that it promoted the licensing objectives. The Sub-Committee therefore considered that the conditions it had imposed on the licence were appropriate and proportionate and would have the overall effect of promoting the licensing objectives. On that basis, and subject to the applicant submitting an updated plan to the Licensing Authority indicating the courtyard area, the application was granted accordingly.

 

 

The application is granted subject to the following additional conditions in addition to the Mandatory conditions applicable to this type of application:

 

          

1.              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 will 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. 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.  

 

2.       A staff member from the premises who is conversant with the operation of the CCTV 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.  

 

3.         Signs will be located at the exits to the building to remind occupants that they should ensure that local residents are not disturbed by any licensable activity at the premises.  

 

4.         Signs will be provided reminding occupants that alcohol should only be supplied to persons over the age of 18.

 

5.       The number of persons permitted in the licensed areas of the premises at any one time shall not exceed (x persons) excluding staff. 

 

6.         A Challenge 21 or 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.  

 

7.         Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.  

 

8.         No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.  

 

9.         Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises. 

 

10.     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 will 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 refusal of the sale of alcohol 
(h) any visit by a relevant authority or emergency service.
 

 

11.     The licence holder shall ensure that all patrons shall be seated at all times. 

 

12.     The licence holder shall ensure that table service shall be provided at all times. 

 

13.     The supply of alcohol shall be ancillary to the primary use of the premises as a bakery/café. 

 

14.      The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

15.     All outside tables and chairs shall be removed or rendered unusable by 22.30 each day. 

 

16.     Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them. 

 

17.     The licence holder shall ensure that patrons leaving do not congregate outside the premises and are advised to leave the area quietly. 

 

18.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity. 

 

19.     No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated. 

 

20.     All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. 

 

21.     During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

22.     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.

 

23.     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.

 

24.     Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority. 

 

25.      The Licence will have no effect until the premises have been assessed as

          satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence. 

 

26.     All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place except for the immediate access and egress of persons.

 

Supporting documents: