Agenda item

Ward/ CIA*	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park N/A	No’s. 30-31 Kendall St, London W2 2AW	New Premises Licence	20/07769/LIPV
*Cumulative Impact Area

 

 

LICENSING SUB-COMMITTEE (2)

Thursday 26 November 2020

 

Membership:   Councillor Tim Mitchell (Chairman) Councillor Jim Glen

                        and Councillor Aziz Toki

 

Legal Adviser:             Horatio Chance

Policy Officer:             Aaron Hardy

Committee Officer:      Georgina Wills

Presenting Officer:      Kevin Jackaman  

 

Application for a New Premises Licence 20/07769/LIPN

 

 

Present:          Mr Niall McCann (Agent, Keystone Law Solicitors), Steven Whibley,                    (Applicant: Brunchco Uk Limited), Richard Brown (Representing                          The South East Bayswater Residents Association, SEBRA -) and                              John Zamit, (Chairman, SEBRA),         

 

 

FULL DECISION

 

Premises:                                30-31 Kendal Street, London W2 2AW

 

Applicant                                 Brunchco Uk Limited

 

Cumulative Impact Area:        The Premises is not located within in any area of

 

Ward:                                      Hyde Park

 

Summary of Application

 

This is an application for a New Premises Licence under the Act by the Applicant for a bakery/restaurant.

 

Proposed Activities and Hours

 

Sale by Retail of Alcohol (On and Off)

 

Monday to Saturday 11:00 to 20:30 hours

Sunday 12:00 to 18:30

 

Hours Premises are Open to the Public

 

Monday to Saturday 08:00 to 21:00 hours

Sunday 08:00 to 19:00 hours

 

Seasonal timings for the opening hours shall be from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

 

Representations Received

 

•           John Zamit Chairman of SEBRA

 

Summary of issues raised by SEBRA

 

•           “The South East Bayswater Residents Association (SEBRA) welcomes back the Le Pain Quotidien business to Kendal Street. We note that they have applied for a new Premises License and are please note many of conditions on previous licence on these premises have been incorporated in this application. However we object that there is no condition that alcohol should be ancillary to a table meal and this was on the previous Premises under Condition 14.

•           We also would like a condition controlling the hours of refuse & recycling collections and suggest no collections between 0700 and 2000. We also note that commencement of sale of alcohol on Sunday is 11.00, not the usual 12.00 but is the 11.00 to cover "off sales' with sales inside to be from 12.00 to match WCC Core Hours Policy

•           We believe these additional conditions are required in order to control any nuisance in the area, which is predominantly residential with flats above the premises. In connection with reference to the outside tables and chairs, we could not see a plan and not clear if private or public but we note conditions to control their use. We are content for our representation and contact details to be sent to applicant.

•           As always, SEBRA is willing to discuss this application with the applicant and/or their agent, with a view to resolving our concerns and hopefully avoiding the need to have a Licensing Committee hearing”.

 

 

Policy Position

 

There is no policy to refuse this application (as the Premises was not situated in a Cumulative Impact Area).  The application must, therefore, be determined on merit. Policies HRS1 and PB1 apply.

 

SUBMISSIONS AND REASONS

 

The Sub-Committee considered an application by the Brunchco Uk Limited (The Applicant) for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 30-31 Kendal Street, London W2 2AW

 

Kevin Jackaman, the Presenting Officer introduced the application and advised that the Premises intended to operate as a bakery/restaurant and was not located in any area of Cumulative Impact. The Premises had the benefit of a premises licence from January 2011 until June 2020 when the licence lapsed due to the insolvency of the licence holder.  The new operator of Le Pain Quotidien is headed by Steven Whibley who was the Managing Director of the business until 2011. The hours and activities sought are the same as those previously granted. Following consultation with the sole interested party, the Applicant has amended the opening hour on a Sunday to 12:00 in line with Westminster’s core hours.

 

Mr Niall McCann, The Applicant’s Legal Representative advised that the hours sought were the same as those previously granted and the Application’s aims was to reinstate a previous licence which was in place for 10 years. The concept of the business was to remain the same namely to operate as a bakery/restaurant. The Application would bring the Premises in line with other branches of Le Pain Quotidien who were permitted to serve alcohol with pastries.  Mr McCann advised that the only contention between parties was whether the Model Restaurant Condition should be adopted by the Applicant. He advised that the other Branches based in the City did not have the Model Restaurant Conditions. There have been communications between the Applicant and South East Bayswater Residents Association (SEBRA) and the latter’s suggestions for the Model Restaurant Condition could not be accommodated as it would not fit the business model. The Branch in Covent Garden was reported to have a Condition which required the sale of alcohol to be ancillary with food after 20:00 hours.

 

Mr McCann advised that concerns that the Premises may transform into a Bar would be mitigated by the Applicant agreeing to the Model Condition 86 which would require licensable activities to be ancillary to the main function of the Premises which was namely a bakery / café. He advised that operational hours sought were modest and within core hours and that the Premises was not located within a Cumulative Impact Area. The Applicant had also proposed a number of Conditions which would mitigate concerns. There was no history of complaints during the previous 10 years of trade and during TENs (Temporary Events Notices). The Sub-Committee was advised that there had been no objections from local-residents or responsible authorities and that the Applicant was a good Operator and had an impeccable track record. He commented that the Applicant had previously adhered to set Conditions and would promote all the Licensing Objectives.

 

In response to questions from the Sub-Committee, Mr McCain confirmed that the previous License had a Condition which required the sale of alcohol to be served with a substantial table meal. Mr McCain advised that there was confusion on what was to be considered as a substantial meal and the purpose of the Application was to ensure the Premises was brought in line with the other branches and enable patrons to be served alcohol with pastries.   

 

Richard Brown representing SEBRA advised the Committee that there were no concerns regarding the Licensing and the main sticking point regarded the Applicants refusal to adopt the Condition which required the sale of alcohol to be ancillary to a substantial meal. He advised that a Model Restaurant Condition had been in place in the former Licence since 2011 and that this ensured that the Premises did not turn into a bar and also gave protection to residents.  He commented that the proposed MC 38 did not refer to a substantial meal but only a table meal and was a ‘lesser version’ of what was required in the previous Licence. He acknowledged that there was no clear definition as to what constituted a ‘substantial meal’,

 

Mr Brown confirmed that there had been dialogue between the Applicant and Mr Zamit Chair of SEBRA. He advised that the role of the Amenity Societies was to ensure that its Members were protected. He commented that MC 86 as proposed by the Applicant would be acceptable. Mr Brown confirmed that SEBRA proposed timing for the collection of waste or recycling materials were between 20:00 to 07:00. He commented that clarification needed to be sought on whether the external area capacity was to remain at 20.

 

Mr John Zamit, Chairman, SEBRA advised that he was familiar with the Premises and had frequently visited the establishment for several years. He confirmed that there had been dialogue with the Applicant and SEBRA. Mr Zamit commented that he was unaware of the other Branches of Le Pain Quotidien and advised that the Premises was situated in a residential area. He commented that the Licence sought was a Premises Licence and that a future operator could potentially change the style and nature of the Premises making it become more ‘bar led’. Mr Zamit advised that the former licence had a restaurant model condition and had operated without any concerns and no requests had been made for the Premises licence to be altered in order to mirror the business model of the other branches.

 

Mr Zamit commented that other objections may not have been lodged by residents and this could be because individuals were of the view that the old Premises Licence was to remain. Mr Zamit advised that the proposed Condition would act as a safeguard to ensure that the Premises does not become ‘bar led’ and ensure that the surrounding areas are not misused. Mr Zamit advised that Planning permission for external seating had been granted to the Premises and that the licence had to be renewed each year.

 

 

The Sub-Committee commended the work of SEBRA and raised questions on whether Model Condition 86 would mitigate concerns. In response to questions Mr Zamit advised that the said Condition did not address concerns and commented that the Premises could offer special concessions on alcohol and could become ‘bar led’. He commented that the layout of the Premises was styled as a bar. He advised that during the summer periods there were concerns with vertical drinkers, smokers and potential nuisances being caused due to the Premises doors being left opened. Mr Zamit advised that MC 38 which was proposed was not as restrictive as the previous Condition which had been imposed on the former Licence.

 

In his summary, Mr McCann advised that the Premises could not become a bar and that only an application for a full variation of the Premises Licence could permit this. The Sub-Committee was advised that any perspective licence holder wishing to change the use of the Premises would need to apply for a variation in the usual way and demonstrate that the four Licensing Objections would be upheld. He commented that the Premises would close at 21:00 and these hours were not conducive for a bar. Mr McCann advised the Conditions proposed by the Objector did not meet the business model and would prevent patrons being able to be served alcohol with pastries for example. He commented that the Applicant would accept a Condition which limited the external area to 20 persons.  Mr McCann commented that the other Premises were situated in areas which had residential properties that were in close proximity. He commented that the change of hours regarding the timings of waste collection and recycling that were earlier mentioned would be accepted. 

 

Having listened to all parties the Sub-Committee granted the Application. The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  The Committee noted that the Applicant was a good operator and had agreed to amend the opening hour on a Sunday to 12:00 following consultation with the sole interested party. The Applicant had agreed to Model Condition 86 which stipulated that all licensable activities should be ancillary to the main function of the Premises as a Bakery/Café. In determining the Application, the Sub-Committee limited the number of persons permitted to be seated in the outside area to 20 and restricted the times for deliveries and collections between 20:00 and 07:00 (on the following day). The Sub-Committee agreed that the Conditions imposed on the license would negate the concerns raised by the objector and ultimately have the effect of promoting the licensing objectives. The Sub-Committee therefore granted the Application accordingly. The Sub-Committee was of the view that granting the application was appropriate and would promote the licensing objectives.

 

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

 

Conditions imposed by the Committee after a hearing

 

1.         No noise shall emanate from the premises not vibration be transmitted    through the structure of the premises which gives rise to a nuisance.

 

2.         Customers temporarily leaving the premises to smoke will not be allowed to       take drinks outside with them.

 

3.         The premises shall install and maintain a comprehensive CCTV system as       per the minimum requirements of a Metropolitan Police Crime Prevention        Officer. 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.             Recordings shall be made available immediately upon the request of Police or             authorised officer throughout the preceding 31 day period.

 

4.         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 to the public. This staff member must be able to show a Police or             authorised council officer recent data or footage with the absolute minimum of           delay when requested.

 

5.         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.

 

6.         The supply of alcohol shall be by waiter or waitress service and to seated           persons only.

 

7.         All sales of alcohol for consumption off the premises shall be restricted to           wine, shall be in sealed containers only and shall not be consumed on the        premises.

 

8.         Alcohol consumed outside the premises building shall only be consumed by   patrons seated at tables.

 

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, which will record the   following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received

            (d) any incidents of disorder

            (e) all seizures of drugs or offensive weapons

            (f) any faults in the CCTV system or 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 proof of age scheme, such as Challenge (21/25), shall be operated at the        premises where the only acceptable forms of identification are recognised            photographic identification cards, such as a driving licence or passport.

 

11.       There shall be no self service of spirits on the premises.

 

12.       No supply of draught beer.

 

13.       The highway and public spaces in the vicinity of the premises are kept free of         litter from the premises at all material times to the satisfaction of the council.

 

14.       All waste is to be properly presented and placed out for collect no earlier than 30 minutes before the scheduled collection times.

 

15.       There shall be no deliveries to the premises or rubbish collection or recycling             materials (including bottles) from the premises between 20:00 and 07:00 on          the following day.

 

16.       The maximum number of persons permitted in the premises at any one time

            (excluding staff) shall not exceed:

            Ground Floor 44 persons (excluding retail area)

            Outside Seated Area 20 persons

 

17.       Outside tables and chairs shall be removed by 21.00 hours on Monday to             Saturday and 19:00 on Sunday.

 

18.       There shall be no striptease or nudity, and all persons shall be decently attired at all times.

 

19.       No entertainment, performance, service, or exhibition involving nudity or          sexual stimulation which would come within the definition of a sex           establishment in Schedule 3 to the Local Government (Miscellaneous     Provisions) Act 1982 as amended by the Greater London Council (General         Powers) Act 1986 (whether or not locally adopted), shall be provided.

 

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

 

21.       Notices shall be prominently displayed at any area used for smoking     requesting patrons to respect the needs of local residents and use the area           quietly.

 

22.       The pavement from the building line to the kerb edge immediately outside the

            premises, including gutter/channel at its junction with the kerb edge, is swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

23.       Seasonal timings for the sale of alcohol and opening hours shall be from the end of permitted hours on New Year's Eve to the start of permitted hours on      New Year's Day.

 

24.       The licensable activities authorised by this licence and provided at the    premises shall be ancillary to the main function of the premises as a             Bakery/Café.

 

The Licensing Sub-Committee

26 November 2020