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Agenda item

Cutter And Squidge, 20 Brewer Street London W1F 0SJ

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

2.

West End

/

West End

cumulative impact area

Cutter And Squidge

20 Brewer Street

London

W1F 0SJ

Variation

20/06574/LIPV

 

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

Wednesday 30th September 2020

Membership:         Councillor Jacqui Wilkinson (Chairman), Councillor Margot Bright       and Councillor Aicha Less

Officer Support:    Legal Advisor:           Horatio Chance

                             Policy Officer:            Aaron Hardy

                             Committee Officer:    Kisi Smith-Charlemagne

                             Presenting Officer:    Jessica Donovan

Application for Variation of a Premises Licence [20/06574/LIPV]

FULL DECISION

Premises

20 Brewer Street

LONDON

W1F 0SJ

Applicant

Cutter and Squidge Limited       Annabel Lui

Represented by Craig Baylis     Bryan Cave Leighton Paisner

Cumulative Impact Area

West End

Ward

West End

SUMMARY OF APPLICATION

This was an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). The Premises currently operate as a Cake Shop situated in the West End and are within the West End area of Cumulative Impact. The Premises have had the benefit of a Premises Licence (18/02179/LIPVM) from 2016. The Applicant wished to vary the licence to permit the service of cocktails on the ground floor in addition to the currently permitted basement by amending condition 10 to read ' No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area or any customer seated on the ground floor of the premises and all drinks to be served to table by staff’.

Current and Proposed Licensable Activities and Hours

(Basement and Ground Floor)

Conditions being Varied

Condition 10: Proposed Variation

No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area or any customer seated on the ground floor of the premises, and all drinks to be served to table by staff.

Compared with Existing Condition

No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area.

Representations Received

·       Karyn Abbott (representing the Licensing Authority)

·       One local resident

·       A representation made on behalf of the Environmental Health Service dated 31 August 2020 had subsequently been withdrawn, following further conditions being agreed and the Application amended.

Brief summary of issues raised by objectors

·       The main concern expressed related to the proposed amending of condition 10 to allow cocktails to be served on the ground floor and is not ancillary to food which in turn would make the application fall into Westminster’s PB2 policy which states paragraph 2.5.23 the Licensing Authority considers that the grant of variations for pubs and bars in the Cumulative Impact Areas should be limited to exceptional circumstances.

·       The lack of details on how the serving of cocktails on the ground floor would be operated and controlled

·       How the variation of the licence will add to cumulative impact in the West End cumulative impact area, in accordance with policy CIP1.

·       Would not promote the licensing objectives in the light of the premises selling more alcohol without the consumption of cakes.

·       The application would add to public nuisance.

Policy Position

Policies CP1, HRS1, RNT2 and PB2 apply under the City Council’s Statement of Licensing Policy (“SLP”). The Premises is within the West End Cumulative Impact Area (CIA) and so exceptional reasons must be proven by the applicant. There is no policy presumption to refuse for a restaurant premises provided it will not add to negative cumulative impact.

DECISION

Ms Donovan, presenting officer summarised the application as set out in the report before the Sub Committee, noting that representations had been received from the Licensing Authority Service, one local resident and the Environmental Health Service who had subsequently withdrawn their representation following agreement of conditions.

Mr Craig Baylis Solicitor presented the application on behalf of Cutter and Squidge Limited and explained that the Applicant was seeking to permit the service of cocktails on the ground floor in addition to the currently permitted basement by amending condition 10 on the licence which reads “No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area or any customer seated on the ground floor of the premises, and all drinks to be served to table by staff”.  Mr Baylis explained that the Premises had been established for 5 years and offered tea, a selection of cakes, which included afternoon teas to pre booked groups.

Mr Baylis explained that in his view the Premises variation would not impact the CIA, since the Premises was currently only open 3 days a week, although this was to increase to a 5-day opening from November 2020.  He stated that the Premises were small with a maximum capacity of only 60 people and that customers are always seated and remain seated. He confirmed that there was no bar counter and drinks, and food are served to tables by members of staff.  The Sub Committee noted that the sale of alcohol would cease at 20:00 hours.

Ms Karyn Abbott from the Licensing authority addressed the Sub-Committee advising that the Premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely HSR1, CIP1, RNT2 and PB2 under the SLP.  Ms Abbott advised that the Licensing Authority had concerns over the proposed amendment of condition 10 which would effectively allow cocktails to be served on the ground floor. Therefore, this would not be ancillary to food which in turn would make the application fall under PB2 policy. Paragraph 2.5.23 of the SLP states that the Licensing Authority considers that the grant of variations for pubs and bars in the Cumulative Impact Areas should be limited to exceptional circumstances.  Ms Abbott went on to advise that the Applicant should provide further information as to how the serving of cocktails on the ground floor would be operated and controlled and sought clarification as to whether the supply of cocktails on the ground floor would in fact fall within the meaning of personal condition 9 on the licence in that “The premises shall operate as a cake shop and tea rooms”.

The Sub-Committee queried the conditions agreed with the Environmental Health Service, types of customers served and Applicant’s cocktail offer. Ms Lui for the applicant confirmed the themed cocktails which were on offer and that the Premises catered to mostly bridal showers, baby showers and birthday parties.

The Sub-Committee considered the relaxation of Condition 10 and took the view that this would not undermine the promotion of the licensing objectives. The Sub-Committee realises that each application should be considered on its merits and based upon the evidence before it concluded that an exception to policy had been proven. The Sub-Committee was satisfied that the conditions it had imposed would mitigate the concerns of those parties that had objected to the application.  The Sub-Committee was further reassured by the undertakings given by the Applicant that the Premises would be managed well, and staff trained in relation to the type of events held at the Premises. 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not add to negative cumulative impact in the Cumulative Impact Area and thus promote the licensing objectives. 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Sub-Committee decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives.

1.     To grant permission to permit the sale of Cocktails on the Ground Floor area of the Premises.

2.     That Condition 10 on the Premises Licence is now varied so that it reads “No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area or any customer seated on the ground floor of the premises and all drinks to be served to table by staff”

3.     To add conditions in the terms specified below.

4.     That the varied licence is subject to any relevant mandatory conditions.

5.     That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

6.     That the varied licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

CONDITIONS IMPOSED BY THE COMMITTEE AFTER A HEARING

7.     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.

8.     A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member 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.

9.     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.

10. A Challenge 21 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.

11. 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.

12. Substantial food and suitable beverages other than intoxicating liquor shall be available during the whole permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.

13. 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.

14. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.

15. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

17. The maximum number of persons seated within the premises at any one time shall not exceed 60 persons excluding staff.

18. 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.

19. The premises shall operate as a cake shop and tea rooms:

(i)        in which customers are shown to their table

(ii)      where the supply of alcohol is by waiter or waitress service only

(iii)     where alcohol shall not be sold or supplied for consumption on the premises otherwise than by persons who are seated in the premises and where the consumption of alcohol by such persons is ancillary to food (including cake, desserts and ice cream)

20. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a cake shop and tea rooms.

21. No beer, lager, cider or spirits shall be sold from the premises except spirits in the form of cocktails to no more than 20 persons attending a pre booked event in the basement area or any customer seated on the ground floor of the premises and all drinks to be served to table by staff.

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

The Licensing Sub-Committee
30 September 2020

 

Supporting documents: