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Agenda item

1.00 PM: 105 Great Portland Street, London W1W 6QF

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

NA

NA

105 Great Portland Street

London

W1W 6QF

New Premises Licence

21/00161/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

FULL DECISION

Premises

105 Great Portland Street, London W1W 6QF

Applicant

Java Whiskers UK Limited

Cumulative Impact Area?

N/A

Ward

Wet End Ward

Proposed Licensable Activities and Hours

Sale by retail of alcohol (on sales)

Monday to Sunday:       10:00 hours to 20:00 hours

Hours premises are open to the public

Monday to Sunday:       :00 hours to 20:00 hours

Representations Received

·       Environmental Health Service (Sally Fabbricatore)

·       Metropolitan Police Service (PC Nicole Sondh) (withdrawn)

·       Sarah Cole (local resident)

·       Christopher Shaw (local resident)

·       Portland Apartments Ltd

Summary of Objections

·       EHS expressed concern that the provision of the Supply of Alcohol may cause an increase in Public Nuisance in the area, it may also impact on Public Safety;

·       Local residents expressed concerns about the lack of information relating to operation of the Premises and asked for restrictions on the licence

Summary of Application

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The Premises propose to operate as a cat café with a maximum of fourteen people at a time.  The Premises have the benefit of a Licence to keep or train animals for Exhibitions.  The Premises are not located in the Cumulative Impact Area or the Special Consideration Zone.

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 PB1 applications outside the West End Cumulative Zone will generally be granted subject to the matters identified in Policy PB1.

SUBMISSIONS AND REASONS

Mr Kevin Jackaman, Senior Licensing Officer, outlined the application. Representations had been received from Environmental Health Service and an interested party. A representation was received from the Metropolitan Police and two further interested parties but following agreement of additional conditions in consultation with the applicant the representations were withdrawn. The Premises are within the West End ward and do not fall within any area of cumulative impact.

Ms Natalia Santis stated everything the applicant wanted to communicate is in the application, there is nothing she would like to add but stated she is happy to answer any questions or participate in further discussion.

Ms Santis stated the Premises has limited capacity due to the type of business because there are cats living in the café. This means they would not have a large amount of people in the Premises at one time. They also have early hours. People need to book in advance and alcohol can only be consumed in a specific area in the Premises. Because of the cats the Applicant will not allow music or loud noises – there are many restrictions in place for the safety of the animals which includes the safety of the guests. 

In response to questions from the Committee:

(a)  Ms Santis explained that everyone who wants alcohol will be in the lounge and will have had to book. No alcohol is sold in the café / reception area. Ms Santis stated they will not serve any high alcohol, it will mainly be to have lower ABV prosecco to enjoy whilst having their afternoon tea, for example;

(b)  Ms Santis explained the café is where they take orders and check bookings. Customers are then taken to the lounge where they are served food and drinks and where the cats area. Customers can eat in the café but no alcohol is served there;

(c)   Ms Santis explained the Premises would serve savoury food such as sandwiches along with sweet foods such as cakes and croissants;

(d)  Ms Santis explained the basement is allocated for staff only. It is a room just for the cats so no guests can go in there. At present there is an empty room which they may use for yoga in the future but that is not the plan at present;

(e)  Ms Santis stated the proposed capacity for the lounge is 14. More can be accommodated in the café but no alcohol is going to be served in that area;

(f)    Ms Santis stated that because of the nature of the business, there is only a certain period of time which the Premises can be open to prevent the cats becoming stressed. This means they will not extend opening hours. Similarly, they do not intend to put tables outside as the cats remain inside which is why people would visit the Premises.

Mr Anil Drayan, Environmental Health Services, stated that in his view the Applicant’s statements that they will not apply for more in future is not legally applicable because if they did want to apply in the future it would have to be looked at on its merits.

Mr Drayan stated that EHS are satisfied with the application. He was only at the hearing because there were resident reps and wanted to ensure he could take part in discussions.

Mr Drayan stated he had visited the Premises and in his view the works conditions could be removed from the proposed conditions. Mr Drayan explained that the cats are brought in from a charity that looks after stray cats. The cats have a basement area which they have free reign over. The cats can freely move of their own accord from ground floor to basement or vice versa. People interested in possibly housing a cat can make an appointment and spend some time in the lounge area, during which time they can be offered food and alcohol. Mr Drayan stated it is a means of re-creating a home environment.

Mr Drayan explained at the front of the Premises there is a serving area where people can sit. There are about 6 tables and a kind of bench seating that is against one wall. No alcohol will be served in this part of the Premises.

CONCLUSION

The Sub Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, supplementary submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter.

Representation was received from the Metropolitan Police and two further interested parties but following agreement of additional conditions in consultation with the applicant the representations were withdrawn. Similarly Environmental Health had withdrawn their representation during the course of the Hearing.

The Sub Committee noted the application was within the core hours and in accordance with the SLP. The Sub Committee were mindful of the fact that the operation of the Premises was necessarily limited by the needs of the cats and, as a result of this, there would be limited capacity, no outdoor seating and limited hours of opening. The Sub Committee considered that the Applicant was likely to be a responsible operator who would promote the licensing objectives.

The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.

Having carefully considered the committee papers and the submissions made by all-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 licensing objectives:

1.     To grant permission for the Sale by Retail of Alcohol on the Premises

Monday to Sunday:      10:00 to 20:00 hours.

2.     To grant permission for the Hours the Premises are Open to the Public

Monday to Sunday:      10:00 to 20:00 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.     Licensable activities shall be ancillary to the premises being used as a cafe.

6.     The supply of alcohol for consumption on the premises shall be by waiter or waitress service only.

7.     There shall be no self-service of alcohol.

8.     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.

9.     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.

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

11. 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.

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

13. No waste or recyclable materials, including bottles, shall be moved, removed from, or placed in outside areas between 23.00 hours and 07.00 hours on the following day.

14. No deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.

15. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day.

16. 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.

17. 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.

18. 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.

19. 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 or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

20. 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.

21. 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 unless seated in an authorised external area.

22. No super strength beer, lagers, ciders, or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

23. Alcohol shall only be sold for consumption by persons attending a booked appointment at the venue.

24. The supply of alcohol shall only be served to people seated in the lounge area as shown on the licensing plan.

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
13 May 2021

Supporting documents: