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Agenda item

Licensing Sub Committee: 42 Crawford St, London W1H 1JW

Ward
CIA*

Site Name & Address

Application
Type

Licensing Reference No.

Bryanston & Dorset Square

N/A

42 Crawford St
London
W1H 1JW

New Premises Licence

20/07199/LIPN

*Cumulative Impact Area

 

Minutes:

Present:                   Fabiola Aguzzi (Applicant)

 

Representations:    Representations had been received from the Metropolitan Police Service; Environmental Health Service; and several residents. All representations bar one by a local resident had subsequently been withdrawn.

Applicant:                Twist Connubio Ltd

Ward:                       Bryanston & Dorset Square

CIA[1]:                         None

Summary of Application

The application was for a new premises licence.

Proposed Licensable Activities and Hours

Sale by Retail of Alcohol (On and Off Sales)

Monday to Sunday:12:00 hours to 23:30 hours

Seasonal variations/non-standard timings –

·       New Year’s Eve until 01:00 hours

 

Hours Premises Are Open to the Public

Monday to Sunday:18:00 hours to 23:00 hours

Ms Jessica Donovan, Licensing Officer, had previously informed the Sub Committee there was an error in the report and that the application was for On Sales only.

INTRODUCTION

The Chairman welcomed everyone to this meeting of Westminster City Council’s Licensing Sub Committee. In welcoming everyone, the Chairman introduced the Members of the Sub Committee and the Council Officers who would be supporting the Sub Committee before explaining the procedure that would be followed at the meeting.

The Chairman then invited the Presenting Officer, Ms Jessica Donovan, to present the report that was before the Sub Committee.

 

PRESENTATIONS AND SUBMISSIONS

Ms Jessica Donovan, Licensing Officer

Ms Donovan, Licensing Officer, stated this was an application for a new premises licence which included the sale by retail of alcohol on the premises. She noted that the applicant, Mr Aguzzi, after submitting the application, had subsequently withdrawn that part of application relating to the provision of live and recorded music.

Ms Donovan summarised the representations that had been received. She noted that all but one of the representations had subsequently been withdrawn after agreement had been reached between the Objectors and the Applicant on proposed conditions that would attach to the licence, should the licence be granted. Consequently, there remained only one written representation objecting to the application by a local resident who was not present at the meeting.

In conclusion, Ms Donovan confirmed that the premises, which were in the Bryanston and Dorset Square Ward, did not fall within a Cumulative Impact Area.

 

Mr Fabio Aguzzi, Applicant

Mr Aguzzi stated he had recently taken over the premises and, in so doing, it had been necessary to apply for a new premises licence as he wished to sell alcohol.

Regarding the objections to the application by residents, Mr Aguzzi stated that he had previously been unaware of noise complaints by residents and he had invited those residents who had objected to his application to meet with him to discuss their objections. Following the meeting, during which Mr Aguzzi agreed with the residents what steps he would take to address their concerns, two of the three objectors withdrew their objections to the application.

Mr Aguzzi went on to say he believed that the main cause of complaints was the premises windows being kept open during the summertime and the sound of customers causing a nuisance to residents. He stated that it would be his preference to keep the windows closed during the summer and rely on the premises’ air-conditioning to control the temperature inside the premises

In response to a question by the Chairman regarding having the windows open, Mr Aguzzi stated he was willing to accept the proposed Condition 15: 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.

In response to further questions by the Members of the Sub Committee and officers, Mr Aguzzi provided the following information.

(a)  That he had removed the bar counter in the basement area and had installed a coffeemaker and glass washer in that space. The bar counter had only recently been removed following the start of the current coronavirus lockdown period while the premises was closed.

(b)  In response to the Coronavirus Regulations, the layout of the restaurant had been reconfigured to ensure adherence to social distancing; hand sanitisers had been provided for customers; and the waiters were required to wear facemasks.

(c)   The premises were currently closed because of the lockdown. Consideration had been given to providing a food delivery service, but significant local competition had not made this a commercially viable option.

(d)  A revised plan of the basement area where the bar counter had been removed could be provided to the licensing authority within 28 days of today’s meeting.

(e)  He had no objection to agreeing to the proposed Conditions as set out in Appendix 5 of the report.

(f)    The removal of the bar counter and the basement area had not significantly increased the capacity of the premises as there was now more space between the tables than had previously been the case.

In conclusion, the Chairman stated it was commendable that Mr Aguzzi had engaged with residents to address their concerns. She noted that, if the licence was granted, and to avoid the possibility of a review of the premises licence, it was essential that Mr Aguzzi complied with any conditions that might be attached to the licence.

SUMMING UP

The Chairman invited the various parties, should they so wish, to summarise their presentations. None of the parties present felt it necessary to summarise their presentations.

ADJOURNMENT

At this stage in the proceedings, the Chairman adjourned the meeting so that Members could retire to consider their decision. She stated that the Sub Committee would not announce its decision today but that a summary of the decision would be sent to the various parties within five working days.

The Chairman then closed the Live part of the virtual meeting.

DECISION

It was the Sub Committee’s decision to approve the application as set out in the Appendix to this minute.

 

REASONS FOR THE DECISION

Having considered the papers before it and having heard representations by the Applicant, the Sub Committee was satisfied that it was appropriate to grant the application, as amended, subject to the Applicant submitting an updated Floor Plan of the basement area where the bar/counter had been removed.

Specifically, the Sub Committee noted that the Police and the Environmental Health Service had withdrawn their representations following agreement by the Applicant to withdraw that part of the application relating to live and recorded music and to bring the premises opening hours on Sunday in line with core hours. It was also noted that the Applicant had agreed with the Police and the Environmental Health Service to proposed conditions to prevent crime and disorder and public nuisance.

The Sub Committee also took into consideration the Applicant’s meeting with residents to discuss their objections to the application which focused, primarily, on noise nuisance during the summer months when the windows of the premises were left open. Following the meeting with residents, all but one of the objections had been withdrawn.

The Sub Committee was of the view that the application, as amended, and the proposed conditions, met the requirement of the licensing objectives, in particular, the Prevention of Crime and Disorder and the Prevention of Public Nuisance.



[1] Cumulative Impact Area

Supporting documents: