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Agenda item

Wing Wing, 47-49 Charing Cross Road, WC2H 0AN

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None**

Wing Wing, 47 - 49 Charing Cross Road, WC2H 0AN

Variation to a Premises Licence

21/04330/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 30th September 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Richard Elcho and Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a Variation of a Premises Licence 21/04330/LIPV

 

Full Decision

 

Premises

 

Wing Wing

47-49 Charing Cross Road

London

WC2H 0AN

 

 

Applicant

 

Wing Wing Holdings Limited

Represented by Michelle Hazelwood (Solicitor - John Gaunt Solicitors)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

 

Ward

 

St James’s

 

 

Summary of Application

 

The Premises currently operated as a restaurant and was seeking to change the layout and amend conditions on the licence.

 

The Applicant wished to vary the licence as follows:

 

·       To amend the layout of the premises – First Floor – to reduce the size of the licensed area to accommodate male and female toilet facilities to the left of the Premises and provision of fixed seating to the perimeter of the licensed area.

 

·       Ground Floor – to reduce the size of the licensed area by the removal of the bar servery and re-orientation of the service area to the left of the premises with appropriate counter and food preparation with the addition of limited fixed seating and service stations.

 

·       Basement – removal of female w.c. facility and opening up an element of back of house to provide dining space and addition of limited fixed seating.

 

·       To amend conditions 9, 10, 11 and 13.

 

 

Representations Received

 

·       The Licensing Authority (Kevin Jackaman)

·       Environmental Health (“EH”) (Anil Drayan)

·       Two local residents objecting to the application

 

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of adversely impacting on the Public Nuisance and Public Safety licensing objectives.

 

·       The applicant was seeking to extend the hours for late night refreshment beyond core hours within the cumulative impact area.

 

 

Policy Position

 

It was noted that the Premises intended to trade predominantly as a fast food premises however it was retaining elements of trading as a restaurant. The Premises was located within the West End Cumulative Impact Area and as such the following policy points had to be considered, namely CIP1, HSR1, RTN1 and FFP1.

 

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application subject to additional conditions.

 

The Licensing Officer introduced the application and confirmed that following the publication of the report the applicant had subsequently withdrawn the proposed extension to the opening hours and the hours permitting late night refreshment at the Premises. The Licensing Officer also confirmed that one residential representation had now been withdrawn following the agreement with the applicant not to extend these hours.

 

Ms Hazelwood, representing the applicant, introduced the application and advised that the Premises had been taken over during the pandemic and was already licensed by the developer of the property as bar/restaurant style operation. This style of operation was currently not in operation and this application was seeking to amend the licence to reflect this. The primary change was to the layout of the Premises which was situated over three floors providing a Korean chicken style operation. There was a fast-food element to the operation, and it was proposed to remove the current bar area and turn this into a serving counter space where people could order food for either takeaway or eating inside by waiter/waitress service. This would remove the bar area from the ground floor area and reduce the visibility of alcohol.

 

Currently a maximum of 24 people were permitted in the bar area pre and post meal, it was sought to retain this element of the licence but relocate it to the basement. In order to achieve this, it was proposed to change the basement layout by removing the toilet provision located there and creating a suitable space for small gatherings and private meetings. The Sub-Committee was advised that the proposed layout changes would result in a negligible increase in the overall licensable footprint at the Premises of 2.7 square metres. Overall, the application would have no impact on the Cumulative Impact Area (CIA) and this was demonstrated by the fact the changes would result in the maximum capacity of the Premises being reduced from 180/160 customers to 120.

 

Ms Hazelwood drew the Sub-Committee’s attention to the proposed amendments to the conditions. It had originally been sought to amend condition 9 but it was confirmed that this was now not the case as the food provided by the Premises met the definition of a substantial meal. It was proposed to amend condition 10 regarding the supply of alcohol on the Premises as the style of operation would allow a customer to order a drink at the service counter and then take it to their table in addition to a waiter/waitress service being available. A change to condition 11 was also sought as the bar area would be relocated to the basement, this area would be monitored by CCTV and supervised by staff at all times. Finally, a change to condition 13 had originally been sought but since the applicant had withdrawn their request to extend the hours for late night refreshment this was not now required.

 

Ms Hazelwood explained that the application had been made to reflect the style of operation at the Premises, the Sub-Committee was advised that no problems had been reported about the Premises since it had been in operation and following consultation with local residents the extension in hours originally proposed had now been withdrawn.

 

Mr Drayan, representing Environmental Health, addressed the Sub-Committee and stated that the main area of concern regarding the application and its effect on cumulative impact, was the extension in hours, but this had now been subsequently withdrawn. Mr Drayan was overall satisfied with the application but did suggest that a capacity limit of 120 customers be imposed on the licence, this could be increased in the future if the sanitary accommodation was also increased.

 

Mr Jackaman, representing the Licensing Authority, confirmed that the Premises were located within a CIA and therefore policies CIP1 and RTN1(B) applied. It was recognised the extension in hours had been withdrawn but the Premises would operate as more of a restaurant than a fast-food takeaway and the Sub-Committee therefore had to determine if this would add to cumulative impact in the local area or not.

 

In response to questions Ms Hazelwood confirmed that the applicant had withdrawn the proposed change to condition 9 and would accept the proposed condition by EH regarding capacity. Following queries over how customers would collect alcohol from the service counter area the applicant agreed that the condition could be amended to read that there would be no self service of alcohol on the Premises.

 

The Sub-Committee carefully considered the application and noted that the Premises were located within a Cumulative Impact Area and therefore the applicant had to demonstrate that the application would not to cumulative impact in the CIA. It was noted that the proposed extension to the opening hours and the extension in hours permitting the sale of late-night refreshment had both been withdrawn. This had been a main source of concern to local residents and the removal of this element of the application provided reassurance it would not create any additional impact on the local area. The revised layout was also considered and whilst there would be a very modest increase in the footprint of the licensable area the relocation of the bar area to the basement was helpful. This would result in alcohol being less visible from the street and ensure this area could be contained and more easily controlled. The Sub-Committee was also pleased to note that due to the revision of the sanitary accommodation the capacity of the venue would be limited to 120 customers which was a significant reduction in what was currently permitted in a CIA. Queries had been raised over the operation of the supply of alcohol on the Premises and the Sub-Committee noted that to address concerns the applicant agreed to amend condition 10 so that there could be no self service of alcohol at the venue.

 

Therefore, having taken into account all the evidence (with consideration being given to the representations received from local residents), the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised. Members also welcomed the applicant’s willingness to agree to remove the extension in hours following consultation with local residents.  The applicant had demonstrated that the application was appropriate, with the conditions proposed proportionate enough to ensure that the licensing objectives were promoted, ensure there would be no increase in cumulative impact in the CIA and mitigate the concerns raised by local residents. The Sub-Committee therefore granted the application accordingly.

 

 

The application is granted as follows:

 

1.     To grant permission to amend the layout of the premises on the first floor to reduce the size of the licensed area to accommodate male and female toilet facilities to the left of the premises and provision of fixed seating to the perimeter of the licensed area.

 

2.     To grant permission to amend the layout of the premises on the ground floor to reduce the size of the licensed area by the removal of the bar servery and re-orientation of the service area to the left of the premises with appropriate counter and food preparation with the addition of limited fixed seating and service stations.

 

3.     To grant permission to remove the female w.c. facility and the opening up element of back of house to provide dining space and addition of limited fixed seating in the basement area.

 

4.     To grant permission to amend conditions 10 and 11 as specified below.

 

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

 

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

 

7.     That the varied licence is subject to the additional conditions imposed by the Sub-Committee which are considered appropriate and proportionate to 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 consistent with the Operating Schedule

 

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

 

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

 

11.      In the basement area shown on the plan, alcohol can only be consumed immediately before or after a substantial table meal there to a maximum of 24 seated customers.

 

12.      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.

 

13.      There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

 

14.      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.

 

15.      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 31day period.

 

16.      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.

 

17.      Challenge 21, a 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 or passport.

 

18.      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

 

19.      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.

 

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

 

21.      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 sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.

 

22.      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.

 

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

 

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

 

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

 

26.      There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.

 

27.      Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

28.      No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.

 

29.     The Licence will have no effect until the works shown on the plans appended to the application have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.

 

30.      Before the premises open to the public, revised plans must be deposited highlighting the seated bar area and will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction, new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

Additional Condition imposed by the Committee after a hearing

 

31.      The number of persons accommodated at the premises (excluding staff) shall not exceed 120. Subject to the sanitary accommodation being improved to the satisfaction of the Council’s Environmental Health Officer, the capacity may be increased to such number as may be agreed with the licence holder.  The actual capacity will only increase when an appropriate condition to that effect has replaced this condition on the licence.

 

 

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

 

Licensing Sub-Committee

30 September 2021

 

Supporting documents: