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Agenda item

Sachi@The Pantechnicon, 19 Motcomb Street, SW1X 8LB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Knightsbridge and Belgravia

None*

None**

Sachi@The Pantechnicon, 19 Motcomb St, SW1X 8LB

Variation to the Premises Licence

21/05224/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

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 – Sachi@ The Pantechnicon, 19 Motcomb Street, London SW1X 8LB – 21/05224/LIPV

 

                                              FULL DECISION

 

Premises

 

Sachi @ The Pantechnicon

19 Motcomb Street

London

SW1X 8LB

 

Applicant

 

Pantechnicon (London) Limited

Represented by Niall McCann (Keystone Law Solicitors), Richard Clegg (Legal Director of Pantechnicon) and Justin AC Thomas - Co-Founder & Director of Pantechnicon

 

Cumulative Impact Area?

 

None

 

Ward

 

Knightsbridge and Belgravia

 

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 is seeking to extend the hours for the Retail by Sale of Alcohol and Late Night Refreshment on the Lower Ground Floor only to 02:00 on Thursdays, Fridays and Saturdays with closing 30 minutes later. All other hours to remain the same and no other changes were sought.

 

 

 

 

 

 

 

Proposed Activities and Hours

 

The Applicant wishes to vary the licence as follows:

 

Late Night Refreshment (Lower Ground Floor only)

 

·       To vary the terminal hour on the lower ground floor only for Late Night Refreshment on Thursday to Saturday 23:00 to 02:00.

 

Sale by Retail of Alcohol (Lower Ground Floor only)

 

·       To vary the terminal hour on the lower ground floor only for Sale by Retail of Alcohol on Thursday to Saturday 08:00 to 02:00

 

 

Representations Received

 

·       Metropolitan Police Service (withdrawn on the 17 August 2021)

·       Environmental Health (Dave Newitt)

·       The Belgravia Society

·       Two Local Residents

 

 

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 hours requested are outside the Council’s Core Hours Policy.

·       Late night noise nuisance disturbing residents, gangs congregating, street drinking and litter in the area.

·       All sales of alcohol should be ancillary to the taking meal to avoid the expansion of uses. This should not just be a restaurant style operation, but if it is to be given a licence must be a restaurant.

 

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 variation to a Premises Licence for the Lower Ground Floor only for Late Night Refreshment and the Sale of Retail of Alcohol Thursday to Saturday to 02:00 .  She explained that representations had been received from the Environmental Health Service, the Metropolitan Police Service and the Belgravia Society.  She added that the Police Service had withdrawn their representation on the 17 August after conditions had been agreed with the Applicant.  She advised that the Premises were located within the Knightsbridge and Belgravia Ward andwas not situated in a Cumulative Impact Area or a Special Consideration Zone. She further advised that additional submissions had been received from the Applicant and the Belgravia Society which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Mr McCann, representing the Applicant’s Company, addressed the Sub-Committee and advised that the Premises were situated in a building that was a mixture of restaurants and retail outlets.  He explained that the application was for the Lower Ground Floor only which had been recently refurnished to a very high standard to operate as a fine dining restaurant.  He advised that the reason behind the application was so international travellers and residents had the opportunity to dine in a fine dining restaurant locally instead of having to travel into the West End. 

 

Mr McCann advised that the Applicant had been disappointed to read the additional representation made from the Belgravia Society as they had discussed the application with them over a TEAMs meeting.  He emphasised that the Premises were a fine dining restaurant only and that the proposed conditions on the licence would prevent the Applicant turning the Premises into a nightclub.  He added that the Applicant did not wish to turn the Premises into a nightclub and had their reputation to consider as they operated a number of other venues in London.  Mr McCann then outlined the operation of the Premises to the Sub-Committee and emphasised that all customers would be asked to remain inside the Premises until their taxi arrived and that all customers would be asked to quietly leave the Premises.

 

Mr McCann advised that the Premises were not situated in a Cumulative Impact Area or a Special Consideration Zone and that the majority of the surrounding buildings were either retail or other licensed Premises.  He emphasised that there would be no Regulated Entertainment at the Premises and that the variation to the Premises Licence was for the Lower Ground Floor only.  He advised that there would be a 30-minute drinking up period.

 

Mr McCann advised that every application should be treated on its own merits and that the Premises would continue to work and maintain a good relationship with the Belgravia Society. He advised that the Premises had a capacity of 60 patrons.

 

Mr Dave Newitt, representing the Environmental Health Service, advised that the lower ground floor had been well constructed and was completely self-contained so no noise nuisance would escape to the outside of the Premises.  He advised that Environmental Health had maintained their representation as they were concerned about the dispersal of customers at 2am, however, the Applicant had agreed with all the proposed conditions which would alleviate residential concerns and the concerns of the Belgravia Society.  He further added that the impact of any late- night activity would be relatively low as there were no residents living immediately next to the Premises.

 

In response to questions from the Sub-Committee, the Applicant advised that there would be no takeaway at the Premises.

 

 

 

Conclusion

 

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

 

In reaching its decision, the Sub-Committee took into consideration that the conditions had been agreed with all the Responsible Authorities, that the premises would be food led and operated as a restaurant and that there were no residential properties directly next to the Premises.  The Sub-Committee were also of the opinion that the nature and operation of the Premises would not cause concern and in addition the conditions imposed on the premises licence were appropriate and would ensure that the licensing objectives were promoted.

 

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 extend the hours for the Sale of Alcohol on the lower ground floor on Thursday to Saturday 08:00 to 02:00 hours.

 

2.              To grant permission to extend the hours for Late Night Refreshment on the lower ground floor on Thursday to Saturday 23:00 to 02:00 hours.

 

3.              To grant permission to extend the hours the Ground floor, Lower ground floor and Mezzanine are open to the public Thursday to Saturday 07:30 to 02:30 hours.

 

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

 

5.              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.         Alcohol consumed on the roof area or at the front of the premises at ground floor level shall only be consumed by patrons seated at tables.

10.       No licensable activities shall take place at the premises until the premises has 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.

 

11.       The number of persons permitted on the top floor external terrace at any one time

(including staff) shall not exceed (X) persons.

 

12.       No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

13.       There shall be no self service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

14.       Loudspeakers shall not be located in the entrance lobby, outside the premises building or the top floor external terrace.

 

15.       Alcohol consumed on the roof area or at the front of the premises at ground floor level shall only be consumed by patrons seated at tables.

 

16.       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.

 

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

 

18.       A proof of age scheme, such as Challenge 21, 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.

 

19.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

20.       No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours.

 

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

 

22.       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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

 

23.       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 to the public.  This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

24.       No entertainment, performance, service, or exhibition involving nudity or sexual stimulation which would come within the definition of a sex establishment in Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Greater London Council (General Powers) Act 1986 (whether or not locally adopted), shall be provided.

 

25.       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. 

 

 

26.       The sale of alcohol between 8.00 and 10.00 hours shall only be to persons taking a table meal there and consumption by such a person as ancillary to their meal.

 

27.       An incident log shall be kept at the premises, and made available on request to an authorised officer of the Council or the Police, which 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 or searching equipment or scanning equipment

(g)        any refusal of the sale of alcohol

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

 

Conditions imposed by the Committee after a hearing with the agreement of the Applicant

 

28.       There shall be at least 1 SIA licensed door supervisors on duty at the entrance of the premises at all times whilst only the basement is open for business and they must correctly display their SIA licence(s) when on duty so as to be visible.

 

29.       When only the basement is open customers shall only enter or leave the premises from Motcomb Street.

 

30.       The number of persons permitted in the basement from midnight on Thursday to Saturday at any one-time (excluding staff) shall not exceed 60 persons.

 

31.       The basement will not be hired to any third party.

 

32.       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.

 

33.       After 00:00 the premises shall only operate as a restaurant,

(i) in which customers are shown to their table or the customer will select a table themselves,

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

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,

(iv) which do not provide any takeaway service of food or drink for immediate consumption off the premises,

(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.

 

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

 

35.       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.

 

36.       A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a Police Officer and/or an authorised officer of Westminster City Council.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

21 October 2021

 

Supporting documents: