Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bryanston and Dorset Square None* None**	Mona’s, 114 Seymour Place, W1H 1NN	New Premises Licence	21/06011/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.5

 

Thursday 21 October 2021

 

Membership:      Councillor Murad Gassanly (Chairman), Councillor Susie Burbridge and Councillor Aicha Less

 

Officer Support:  Legal Adviser:           Viviene Walker

Committee Officer:   Sarah Craddock

                           Presenting Officer:   Jessica Donovan

                             

Application for a New Premises Licence – Mona’s, 114 Seymour Place, London W1H 1NN – 21/06011/LIPN

 

                                              FULL DECISION

 

Premises

 

Mona’s

114 Seymour Place

London W1H 1NN

 

Applicant

 

Bexani Restaurants Limited

Represented by Niall McCann (Law Solicitors) and Kunal Suresh Advani (Bexani Restaurants Limited)

Cumulative Impact Area?

 

None

 

Ward

 

Bryanston and Dorset Square

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises proposes to operate as a Café/Restaurant.  This is a new Premises Licence application and therefore no Premises Licence history exists.

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [On and Off Sales]

 

Monday to Sunday 11:00 to 22:30

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day

 

Hours premises are open to the public

 

Monday to Sunday 11.00 to 23.30

 

Seasonal Variation/Non-Standard Timings:

 

From the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day

 

Representations Received

 

·       Environmental Health (Dave Newitt)

·       Four Local Residents (one resident withdrew on the 5 August)

 

 

Summary of Objections

 

·       Environmental Health expressed that the proposals were likely to increase the risk of Public Nuisance and may impact upon Public Safety.

·       The residents expressed concern regarding crowds hanging around causing noise nuisance in the vicinity which will have a detrimental impact on the value of the residential properties in close proximity.  The residents were also concerned about queuing and Public Safety.

 

Policy Position

 

Under Policy HRS1, applications for hours within the Core Hours would generally be granted.  Applications for hours outside Core Hours would be considered on their merits, subject to other relevant policies.

 

Under Policy RTN1, applications outside the West End Cumulative Impact Zone will generally be granted subject to the matters identified in Policy RTN1.

 

 

                                           SUBMISSIONS AND REASONS

 

Ms Jessica Donovan, Presenting Officer, outlined that this was an application for a New Premises Licence for a Café/Restaurant.  The Applicant was requesting Sale by Retail of Alcohol Monday to Sunday 11:00 to 22:30.  She explained that representations had been received from the Environmental Health Service, the Metropolitan Police Service and four local residents.  The Metropolitan Police Service had withdrawn their representation on the 5 August after conditions had been agreed with the Applicant and one of the four residents had also withdrawn their representation. She advised that the Premises were located within the Bryanston and Dorset Ward and were not situated in a Cumulative Impact Area or a Special Consideration Zone. She further advised that additional submissions had been received from the Applicant which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Mr Niall McCann, on behalf of the Applicant’s Company, addressed the Sub-Committee and advised that the Applicant was a start-up company that had previously operated from stalls at various markets including Marylebone and Brick Lane.  The Applicant now wished to have his first permanent café/restaurant and offer both eat in and takeaway meals of Turkish/Indian fusion food.

 

Mr McCann referred to the plans of the Premises.  He explained that the ground floor had approximately ten covers with the space being dominated by an induction counter and service area so patrons could see the food on offer.  There was also a small kitchen. He added that downstairs there were male and female toilets, a preparation area and an office with another toilet.  He outlined that there was a small outside area with room for five tables and ten chairs which formed part of the Applicant’s demise.  He advised that customers on entering the Premises would be shown to a table.  They would then go to the food counter to order their food and drink, which would then be served to them by a waiter/waitress at their table. 

 

Mr McCann advised that the Applicant had spoken with the Environmental Health Service before they had started the refurbishment of the Premises and had followed their advice regarding fitting a false ceiling and handrails.  He further advised that all works had now been completed and were waiting to be signed off by the Environmental Health Service.  He confirmed that Model Condition 38 would be attached to the Premises Licence and all conditions had been agreed with both the Environmental Health Service and the Metropolitan Police Service. 

 

Mr McCann outlined that the Premises had previously been a rundown café with shisha smoking and that residents had been unhappy with late night card games and the smoke coming from the Premises.  He emphasised that there would be no shisha smoking at the café and agreed to have a condition as such attached to the Premises Licence. 

 

Mr Dave Nevitt, representing the Environmental Health Service, confirmed to the Sub-Committee that the Premises would be operating as a restaurant within the Council’s Core Hours Policy.  He advised that there were residents living above and on both sides of the Premises and conditions had been agreed with the Applicant to alleviate the public safety concerns of these residents. He further advised that these conditions should also alleviate the resident’s concerns regarding the Premises shared front door and prevent public nuisance.  He outlined that the Environmental Health Service had requested that the Applicant install additional soundproofing for residents living above the Premises and confirmed that all proposed conditions had been agreed with the Applicant.

 

In response to questions from the Sub-Committee, Mr McCann advised that the takeaway food would be taken out to drivers and that staff could clearly see when a driver arrived outside of the Premises to pick up food.  He further advised that there would be a space allocated for smoking.  The Sub-Committee noted that a new kitchen and extraction fan had been installed within the Premises and that the Applicant wished to have a good relationship with its neighbours. 

 

Conclusion

 

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

 

In reaching its decision the Sub-Committee took into consideration that this was a small Premises which would operate as a café/restaurant within the Council’s Core Hours Policy.  The Sub-Committee also noted that the Premises were situated outside of a Cumulative Impact Area and that the proposed conditions had been agreed with all the Responsible Authorities.  The Sub-Committee were further pleased that the Applicant had agreed to the following Informative ‘there will be no shisha consumption of any description on the Premises’. The Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objective.

 

Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing the Committee has decided, after taking into account all the circumstances of this application and the promotion of the four licensing objectives to grant the application with the following permissions:

 

1.              To grant permission for the Sale of alcohol (On and Off) Monday to Sunday 11:00 to 22:30 hours.

 

2.              To grant permission for the Opening Hours of the Premises Monday to Sunday 11:00 to 23:00 hours.

 

3.              To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.

 

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

 

 

That the Licence is subject to the following conditions and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.          

 

          

Conditions imposed by the Committee after a hearing

 

 

9.              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.

 

10.           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.

 

11.           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.

.

12.           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.

 

13.           A Challenge 21 or 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.

 

14.            A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the Police or an authorised officer of the City Council at all times whilst the premises are open.

 

15.            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.

 

16.           No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises are constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the Licensing Authority.

 

17.           No deliveries to the premises shall take place between (23.00) and (07.00) on the following day.

 

18.           The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day. 

 

19.           All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

20.           The premises shall only operate as a restaurant

 

(i)        where the supply of alcohol is by waiter or waitress service only,

(ii)       which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iii)      which do not provide any take away service of food or drink for immediate consumption,

(iv)      which do not provide any take away service of food or drink after 23.00, and

(v)       where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 INFORMATIVE:

 

The Applicant has agreed that there shall be no shisha consumption of any description on the premises.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

21 October 2021