Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End N/A N/A	102 Great Portland Street London W1W 6PD	New Premises Licence	20/11994/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

                                            (“The Committee”)

 

                                              Thursday 29 April 2021

 

Membership:           Councillor Tim Mitchell (Chairman), Councillor Jacqui Wilkinson and Councillor Aziz Toki  

 

Officer Support:       Legal Advisor:     Viviene Walker 

                                Policy Officer:     Aaron Handy

                                Committee Officers:     Cameron Maclean

                                Presenting Officer:     Kevin Jackaman  

                              

Application for a New Premises Licence – 102 Great Portland Street, London W1W 6PD – 20/11994/LIPN

                                                     FULL DECISION

 

Premises

 

102 Great Portland Street, London W1W 6PD

 

Applicant

 

Hrm Gathani Limited

 

Cumulative Impact Area?

 

N/A

 

Ward

 

West End

 

Proposed Licensable Activities and Hours

 

Sale by retail of alcohol (on sales)

 

Monday to Sunday: 09:00 hours to 23:00 hours

 

Hours premises are open to the public

 

Monday to Friday: 07:00 hours to 23:30 hours

Saturday to Sunday: 08:00 hours to 23:30 hours

 

Representations Received

 

·       Metropolitan Police Service (Cheryl Boon) (withdrawn)

·       Environmental Health (Maxwell Koduah)

·       Alan Mahon (local resident)

·       Eoghain Murphy (local resident)

·       John Eccles (local resident)

·       Frank Thaxton (local resident)

·       Laurent Chauvier and Anne Gillespie (local residents)

 

Summary of Objections

 

·       EHS expressed concern that the playing of recorded music may increase public nuisance in the area and the supply of alcohol and hours requested to supply it may increase public nuisance and affect public safety within the area;

·       Local residents expressed concern the application would create a substantial nuisance to residents of the flats above, in particular smells travelling, as well as concerns about fire-exits and safety

 

Summary of Application

 

This is an application for a New Premises licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as a fine dining Indian Restaurant.  The Premises are not located in the Cumulative Impact Area.

 

Policy Position

 

Under Policy HRS1, applications within the core hours will generally be granted subject to not being contrary to other policies in the SLP.

 

Under Policy RTN1 applications outside the West End CIA will generally be granted subject to the matters identified in Policy RTN1.

 

 

SUBMISSIONS AND REASONS

 

Mr Kevin Jackaman, Senior Licensing Officer, outlined the application. Mr Jackaman explained the start-time for the sale of alcohol had been changed from 08:00 hours to 09:00 hours following consultation with the Metropolitan Police. Representations had been received from Environmental Health. There had also been 5 representations from interested parties. A representation was received from the Metropolitan Police which was withdrawn. The Premises is situated within the West End ward and do not fall within any area of cumulative impact. 

 

Mr Hitendra Gathani explained that he has run businesses in Westminster for over 30 years. He used to have a bar and restaurant on Great Titchfield street which he sold but now is seeking to set up another restaurant, noting that a bar was too much work to handle for him. He explained his intention is to set up an Indian restaurant where he provides fresh food at a reasonable cost.

 

Mr Gathani explained that many customers would like something to drink with their meal and that is why he has applied for this licence as there is no extant licence for the Premises. He noted smells come from the coffee shop which there aren’t objections about. Odours can come from any type of food and noted restaurants in the vicinity which also have licences.

 

Mr Gathani stated he believed in good communications with local residents – he intends to sort any issues as quickly as possible. He noted that even if he doesn’t have an alcohol licence he will be able to cook food and ask people to bring their own alcohol. He stated by making this application he wants to be responsible and control what people are drinking. Mr Gathani stated he is a responsible person and will be the DPS.

Mr Gathani noted there is a pub half a minutes walk away from the Premises where people binge drink. He stated there is no suggestion there will be people more drunk at the Premises than at the nearby pub.

 

Mr Gathani emphasised that smell has nothing to do with the alcohol licence being applied for. The restaurant will go ahead.

 

In response to questions from the Committee:

 

(a)  Mr Gathani explained that recorded music is background music, it will not be noisy. Accordingly, following discussions with Environmental Health, Mr Gathani had withdrawn the application for recorded music as it is not needed for background music;

(b)  Mr Gathani explained the Premises would open at 07:00 hours for breakfast and he thought people may sometimes like alcohol with their breakfast. However, he amended the application in relation to the starting-time for the sale of alcohol following representations received from the Metropolitan Police;

(c)   Mr Gathani explained that the only place smokers can go is directly in front of the Premises. They have not requested outdoor seating for that reason.

 

Mr Maxwell Koduah, Environmental Health Services, explained that discussions between him and the applicant had resulted in conditions which are all agreed. Mr Koduah drew the Sub Committee’s attention to the fact that there is an agreement between the applicant and the Police that alcohol can only be sold to people taking a table meal and ancillary to their meal. Mr Koduah explained that this meant that food was an implied part of this application. Mr Koduah stated the current state of the Premises is inappropriate to make safety considerations. He noted the capacity is to be determined upon completion.

 

In response to questions from the Committee:

 

(a)  Mr Koduah confirmed that all conditions in the application had been agreed by the applicant.

 

Mr Richard Brown, appearing on behalf of Frank Thaxton and Alan Mahon, stated his clients were not concerned with stopping the applicant running his business or getting an alcohol licence. Rather, it is concerned with ensuring that the problems raised are addressed at this stage to all parties mutual benefit. Mr Brown noted that 104 Great Portland Street does have a condition controlling smells and odours.

 

Mr Brown explained the issue with smells and odours is due to the proximity of the restaurant kitchen to the residential flats. Mr Brown noted these issues hadn’t been dealt with at planning because of the creation of use class E. Mr Brown explained by reference to photographs how this issue resulted from inter-connecting doors in the building. Mr Brown stated residents were requesting the fire-escape door is made fit for purpose which Mr Gathani has agreed to. In relation to an opening and door in the property, residents had proposed “to close off with brick any opening that leads from the kitchen to the communal parts other than pre-existing fire escape doors.” Mr Brown supported a fire-safety survey being done.

 

Mr Alan Mahon stated the bricking up of the door was a red herring because it’s a new door. However, that only brings back the status quo depicted in the plans. The bricking up of the door is not therefore a solution to the objections. In relation to the fire door, Mr Mahon said there shouldn’t be an inter-connection between the restaurant and residential stairwell. He requested the door be self-closing and alarmed to prevent habitual use of the door. He further requested the fire safety survey encompass the safety of the residents above and not just the restaurant.

 

Mr Koduah confirmed that the fire works condition wouldn’t be signed off until all the people in the building was ensured.

 

Conclusion

 

The Sub Committee appreciated the fact that the Applicant had positively and proactively engaged with responsible authorities and residents. The Sub Committee noted that as a result of engagement with the Metropolitan Police, the Applicant had amended the hours sought for the sale of alcohol. Similarly, as a result of engagement with Environmental Health the Applicant was no longer seeking a licence permitting playing recorded music.

 

The Sub Committee were mindful of the fact that local residents had expressed concerns about the shared corridors and fire risks. The Sub Committee noted that works had already started and could not be conditioned on the licence, but the Sub Committee were grateful to the Applicant for offering undertakings to close off any opening from the kitchen into the communal parts, apart from the pre-existing fire door and to fit the pre-existing fire door that leads from the basement of the premises to the communal meter area with an alarm and a self-closer.

 

The Sub Committee noted that the Applicant was an experienced operator and had run businesses in Westminster for over 30 years. He was familiar with the restaurant industry and only wanted to provide alcohol ancillary to a table meal. The Sub Committee noted that in the event a licence was not granted, the Applicant had discussed allowing patrons to bring their own alcohol but this would result in the Applicant having less control over alcohol consumption in the Premises.

 

Accordingly, the Sub Committee concluded that the licence would 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 Committee has 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 for the on sale of Alcohol Monday to Sunday from 09:00 to 23:00 hours.

 

2.     To grant permission for the Hours the Premises are Open to the Public Monday to Friday 07:00 to 23:30 hours and Saturday to Sunday 08:00 to 23:30 hours.

 

3.     That the Licence is subject to any relevant mandatory conditions.

 

4.     That the 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

 

5.     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 are 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.  

 

6.      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 are open. This staff member must be able to provide a Police Officer or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

 

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

 

8.     The supply of alcohol for consumption on the premises shall be by Server, Waiter or Waitress service only.

 

9.     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.  

 

10. A 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.

   

11.  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  

(g)  any refusal of the sale of alcohol 

(h)   any visit by a relevant authority or emergency service.

   

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

 

13.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.  

 

14.There shall be no self-service of Alcohol.

 

15. No licensable activities shall take place at the premises until the capacity of the premises has been assessed by the Environmental Health Consultation Team and a condition detailing the capacity so determined has replaced this condition on the Licence.

 

16.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.

 

17.All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons.

 

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

 

19. The rear skylight roof access hatch shall be kept closed at all times except for the immediate access and egress for maintenance purpose.

 

20. 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.

 

21.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. 

 

22.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. 

 

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

 

24.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.  

 

25.The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.  

 

26.The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided. 

 

27. All emergency exit doors shall be available at all material times without the use of a key, code, card, or similar means. 

 

28. Before the Premises are open to the public, the plans as provided with the application will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the Premises constructed and this condition has been removed from the Licence.  Where the Premises layout has changed from the plans provided during the course of construction a variation application may be required.

 

29.No licensable activities shall take place at the premises until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority.

 

INFORMATIVES:

 

The Applicant has given the following undertakings to local residents:

 

1.     To close off any opening from the kitchen into the communal parts, apart from the pre-existing fire door.

2.     To fit the pre-existing fire door that leads from the basement of the premises to the communal meter area with an alarm and a self-closer.

3.     To fit the door that leads from the basement of the premises to the communal meter area with smoke and noise strips.

 

If problems are experienced, then an application for a review of the Premises licence

can be made.

 

This is the Full Decision reached by the Licensing Sub-Committee. 

This Decision takes immediate effect.

The Licensing Sub-Committee

29 April 2021