Site Name & Address
Licensing Reference No.
Basement and Ground Floor, 101 Praed St, W2 1NT
Variation to a Premises Licence
*Cumulative Impact Area
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 Variation to the Premises Licence – It’s All Greek to Me, Basement and Ground Floor, 101 Praed Street, London W2 1NT – 21/06137/LIPV
It’s All Greek to Me
Basement and Ground Floor
101 Praed Street
Greek Restaurant Ltd
Represented by Nigel Carter (Carter Consultancy) and Pantelis Zirinis(Applicant, Greek Restaurant Ltd)
Cumulative Impact Area?
Summary of Application
This is an application for a Variation to the Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operates as a restaurant. The Applicant wishes to vary the layout of the Ground Floor and Basement of the Premises and allow deliveries from the restaurant from 00.00 hours until 03.00 hours Monday to Saturday, and from 23.30 - 03.00 Sunday, using such companies as Deliveroo & Uber Eats. The Premises has had the benefit of a Premises Licence since 2005.
Proposed Activities and Hours
The Applicant wishes to vary the licence as follows:
To vary the layout as per the plans attached to the application; the changes proposed are as follows:
· Remove all customer seating from the basement and create a larger kitchen and preparation area.
· To inset a customer WC on the ground floor.
To allow deliveries from the restaurant from 00.00 hours until 03.00 hours Monday to Saturday and from 23.30 - 03.00 Sunday, using such companies as Deliveroo & Uber Eats.
· Metropolitan Police Service (withdrawn 19 July)
· Environmental Health Service (Maxwell Koduah)
· Southeast Bayswater Residents Association (SEBRA).
· Councillor Heather Acton (Ward Councillor)
· One Local Resident in support of the application
Summary of Objections
· Environmental Health Service expressed concerned that the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
· Deliveries, after midnight to 3am will cause noise and nuisance outside the premises and to residents nearby and to residents near to or in same building, wherever deliveries are being delivered.
· The late hours of the proposed variation. Collections and deliveries post core hours cause nuisance to residents living near the premises, enroute to the delivery address and at the delivery address.
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 Variation to the Premises Licence to vary the layout of the Ground Floor and Basement of the Premises and allow deliveries from the restaurant from 00.00 hours until 03.00 hours Monday to Saturday, and from 23.30 - 03.00 Sunday, using such companies as Deliveroo & Uber Eats. She explained that representations had been received from the Environmental Health Service, the Metropolitan Police Service (who withdrew on the 19 July), the Southeast Bayswater Residents Association (SEBRA) and one Ward Councillor. She added that a representation from a local resident had also been received in support of the application. She advised that the Premises were located within the Hyde Park 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 Southeast Bayswater Resident’s Association (SEBRA) which had been circulated to all the relevant parties before the Sub-Committee hearing.
Mr Nigel Carter, representing the Applicant, addressed the Sub-Committee and outlined the application. He advised that the application was to vary the layout of the Ground Floor and Basement of the Premises and allow deliveries from the restaurant from 00.00 hours until 03.00 hours Monday to Saturday, and from 23.30 - 03.00 Sunday, using such companies as Deliveroo & Uber Eats. He explained that there had been an increase in the demand for takeaway food during the pandemic which had now become a key ancillary element to the Applicant’s business. He outlined that takeaway had become the ‘norm’ and that there was now a demand for a takeaway delivery service until 3am. He highlighted that the Applicant had reduced his capacity by 50% from 54 to 27 patrons because fewer customers wished to dine in the restaurant and instead were opting for takeaway food via delivery.
Mr Carter advised that none of the drivers would be carrying cash and that all transactions would be undertaken over the internet. He added that there would also be no cash on the Premises. He outlined that the takeaway food would be immediately ready for collection and would be handed to the driver via the hatch situated at the front of the Premises. He advised that the Applicant wished to eventually employ their own drivers, however, at present this was impossible because of staff shortages and the vast investment needed to set up such an operation. He then referred to the additional conditions that the Applicant had offered which were attached to their application form which included the operation of deliveries and clearing up litter/waste in the area.
Mr Carter advised that Praed Street was already a noisy road with two lanes of traffic, ambulances and sirens travelling to and from St Mary Hospital and eleven buses running during each hour throughout the night. He advised that the Applicant had been providing a takeaway service until 12.30am for the past three years and had never received any noise complaints. He outlined that the Premises were situated in a row of ground floor retail units and that a very large part of Praed Street was non-residential. Mr Carter highlighted that there would be no delivery of alcohol included with the Premises takeaway offer.
Mr Carter advised that any inappropriate behaviour by a driver would be reported to the Account Managers of Deliveroo and/or Uber Eats and the driver in question would then be prevented from collecting food from the Premises. He referred to the representations made by the Environmental Health Service and advised that the Applicant had agreed to all their proposed conditions which would alleviate the concerns of residents and promote the licensing objectives. He emphasised that the Metropolitan Police had withdrawn their representation after the Applicant had agreed with their proposed conditions which demonstrated that they had no concerns regarding public safety. Mr Carter then referred to the representations from the Southeast Bayswater Resident’s Association (SEBRA) and the ward councillor outlining their concerns regarding late night noise nuisance from midnight to 3am. Mr Carter stated the Premises were not situated in a very residential area and that the Premises should not be blamed for general noise nuisance in the area and the busy road. Mr Carter highlighted that no residents had objected to the application and in fact one resident had written in support of the application.
Mr Carter referred to the front of the Premises which the Applicant had altered without planning consent as he had considered that he did not need it as the previous owner had made alternations to the building without planning consent. Mr Carter confirmed that the Applicant had since been in contact with Westminster City Council’s Planning Department and planning consultants and was in the process of submitting a retrospective planning application. He added that the Applicant was hopeful that the hatch at the front of the Premises would be allowed as drivers would then be able to collect the takeaway food from the hatch instead of entering the Premises.
Mr Carter advised that the Applicant had reduced the capacity of the Premises by 50% and that the Environmental Health Service had agreed that condition 17 be updated to reflect this change in the capacity of the Premises. He further advised that all packaging was recyclable. In conclusion, Mr Carter advised that the agreed proposed conditions would promote the licensing objectives and requested that the Sub-Committee grant the application.
Mr Maxwell Koduah, representing the Environmental Health Service, advised that this application was in two parts: the layout of the Premises and the extension of hours. He confirmed that he was content with the amendment to condition 17 and for condition 32 to be removed from the Premises Licence. He advised that he was concerned about the potential noise nuisance and the late hour of takeaway delivery and had suggested to the Applicant that he scaled back his application to only include Thursday to Saturday 23.30 - 03.00.
Mr Zamit, representing the Southeast Bayswater Resident’s Association (SEBRA), referred to their late submission that had been circulated to the Sub-Committee. He advised that their main concern was the inappropriate behaviour of some of the drivers. He further advised that there were noise nuisances associated with the actual delivery of the takeaway itself with the noise of the motorbikes/delivery vehicles and doorbells being pressed by mistake. He emphasised that this application should be refused as the Premises were already allowed to deliver takeaway until 12.30am which was much longer than most Premises were allowed in the area.
In response to questions from the Sub-Committee, the Applicant confirmed that drivers that behaved inappropriately would be banned from the Premises and that they had specific contracts with the companies that delivered their food. The Applicant further confirmed that there would be a member of staff located on the ground floor at all times who would oversee the takeaway operation.
The Sub-Committee then discussed the need for sensitivity and public safety to be seriously considered as the hospital was situated opposite the Premises. Mr Carter advised that his Applicant would accept a reduction in the hours requested to say 2am Wednesday through to Saturday. Mr Zamit confirmed that he considered that this application should be refused under the new Council’s Licensing Policy as the Premises could not control the drivers as they worked for 3rd party companies such Uber Eats and/or Deliveroo. Mr Carter advised that the Premises would remain as a restaurant and the takeaway was ancillary to the whole operation of the Premises. Mr Carter then confirmed with the legal advisor the additional conditions that the Applicant had offered to be attached to the Premises Licence.
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.
The Sub-Committee had regard to the fact that the Applicant had reduced the capacity of his restaurant by 50% and that the Metropolitan Police Service had withdrawn their application after their proposed conditions had been agreed by the Applicant. The Sub-Committee further noted that local residents had not made representations against the application and conditions had been agreed between the Environmental Health and Applicant that should alleviate any public nuisance. The Sub-Committee however were mindful that there was a hospital located opposite the Premises and therefore considered that the application should only be grated in part from Thursday to Saturday until 2am.
In reaching its decision, the Sub-Committee took into consideration that the conditions had been agreed with all the responsible authorities and that this Premises were remaining as a restaurant. The Sub-Committee concluded that the conditions imposed on the Premises licence were appropriate and 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 to vary the layout of the Premises in accordance with the plans submitted to the Licensing Authority.
2. To grant permission for deliveries from the Premises Monday, Tuesday, Wednesday and Sunday from 23:00 hours to 00:30 hours and Thursday to Saturday from 23:00 to 02:00 hours using Delivery Agents e.g., Deliveroo and Uber Eats via a dedicated hatch at the front of the Premises.
conditions 17,18 and 25 are amended accordingly and thereafter
remain on the Premises Licence in full force and effect.
4. That the varied licence is subject to any relevant mandatory conditions.
5. That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.
6. That the varied licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions consistent with the Operating Schedule
9. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.
10. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as an ancillary to meals served in the licensed premises.
11. Alcohol may be sold or supplied:
(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve from 10.00 to 00.00
(b) On Sundays, other than Christmas Day or New Year's Eve, and on Good Friday: 12.00 to 23:30
(c) On Christmas Day: 12.00 to 22.30
(d) On New Year's Eve, except on a Sunday, 11.00 to 23.00
(e) On New Year's Eve on a Sunday, 12.00 to 22.30
(f) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(b) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;
(c) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(d) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(e) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
(f) the taking of alcohol from the premises by a person residing there;
(g) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(h) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises. In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
12. Alcohol shall not be sold or supplied unless the premises have been structurally and bona fide used, or intended to be used, for the purposes of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.
13. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
14. 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 preceding 31-day period.
15. 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.
16. 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 ejection of patrons
c. any complaints received
d. any incidents of disorder
e. 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.
17. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 30 persons.
18. The supply of alcohol shall be by waiter or waitress service to seated persons only.
19. 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.
20. A Challenge 21 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.
21. 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.
22. All external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
23. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
24. All outside tables and chairs shall be removed or rendered unusable after 23.00 hours.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
25. After 00:00 hours Monday to Saturday and 23:30 hours Sunday, sales of take away hot food and hot drinks shall be by delivery service only to a bona fide residential address or bona fide place of work.
26. The Premises Licence Holder shall ensure that riders will not be permitted to smoke in the immediate vicinity of the premises.
27. The Premises Licence Holder shall ensure riders will not be permitted to congregate in the immediate vicinity of the premises.
28. The Premises Licence Holder shall ensure that riders are instructed not to loiter in the vicinity of residential premises.
29. An incident log/register shall be maintained to record all incidents of crime and disorder occurring on delivery of products and refused sales of alcohol. This log/register shall be made available for inspection by a Police officer or other authorised officer on request.
30. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
31. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
32. All transactions will be cashless. No cash will be kept on the premises or by the delivery drivers or riders.
33. 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 or delivery drivers in the area immediately outside the premises, and in the designated parking area, 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.
34. Drivers or riders will be instructed to park and wait in a particular location until their order is ready to collect.
35. Drivers or riders will be allowed to use toilet facilities at the Premises.
36. The Premises Licence Holder is encouraged to use mopeds for deliveries where possible.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
21 October 2021