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Agenda item

Pantechnicon, 19 Motcomb Street, SW1X 8LB

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

Knightsbridge and Belgravia

None*

None**

Pantechnicon, 19 Motcomb St, SW1X 8LB

New Premises Licence

21/04812/LIPN

*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 New Premises Licence –Pantechnicon, 19 Motcomb Street, London SW1X 8LB – 21/04812/LIPN

 

                                              FULL DECISION

 

Premises

 

Pantechnicon

19 Motcomb Street

London

SW1X 8LB

 

Applicant

 

Pantechnicon (London) Limited

Represented by Niall McCann (Keystone Law Solicitors) and 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 New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intend to operate as an external Café/Restaurant. The premises has had the benefit of a premises licence since June 2016 for the internal area.

 

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [On Sales]

 

Monday to Sunday 11:00 to 20:30

 

Seasonal Variation/Non-Standard Timings: None

 

Hours premises are open to the public

 

Monday to Sunday 11.00 to 21.00

 

Seasonal Variation/Non-Standard Timings: None

 

Representations Received

 

·       Metropolitan Police Service (withdrawn on the 24 August)

·       Environmental Health Service (David Newitt)

·       The Belgravia Society Representation

·       One Local Resident

 

 

Summary of Objections

 

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

·       Concern regarding potential smoke and smells rising from open grilling or barbecuing of food.

·       Concern regarding noise nuisance from music or other live performances permitted on the premises.

·       The need for the doors/exits to be supervised from 9.00pm onwards to ensure guests leave quietly.

 

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 an external café/Restaurant for Retail by Sale of Alcohol (on sales) Monday to Sunday 11:00 to 20:30.  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 24 August after conditions had been agreed with the Applicant.  She advised that the Premises were located within the Knightsbridge and Belgravia Ward andwere 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 New Premises Licence would be for an external café/restaurant in the courtyard outside of the building.  He outlined that the area had been used successfully at various times for ‘pop up’ restaurants/family parties and last year the area was used for a series of temporary event notices (TENs).  He advised that the idea was to have various pop-up events during the year for families with young children.  There would be a temporary bar but no primary cooking as food would be heated up.  The terminal hour would be 20.30.  He confirmed there would no amplified music although there would be carol singings during the Christmas period. He advised that the Premises were not situated in a Cumulative Impact Area or a Special Consideration Zone

 

Mr Dave Nevitt, representing the Environmental Health Service, advised the Sub-Committee that there were residential flats surrounding the area and overlooking the courtyard, however, there would be no primary cooking so there would be no cooking smells and the terminal hour was 21:00 so well within the Council’s Core Hours Policy. 

 

In response to questions from the Sub-Committee, Mr McCann advised that the maximum capacity would be 50 persons.  He confirmed that the Applicant was happy to have model conditions 87, 37 and 35 attached to the Premises Licence.  The Sub-Committee further noted that the Applicant was happy to give an undertaking that there shall be no amplified live music, musical or other live performances permitted on the premises or the use of the restaurant for dancing or events or any other purpose other than the supply of meals to guests.

 

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 there would be no primary cooking and no amplified live music or other live performances on the Premises.  The Sub-Committee were also of the opinion that the nature and operation of the Premises would not cause concern, especially as all activities ceased at 21:00, 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 for the Sale of Alcohol (On) Monday to Sunday 11:00 to 20:30 hours

 

2.        To grant permission for the Opening Hours of the Premises Monday to

Sunday 11:00 to 21:00 hours.

 

3.        That the licence is subject to any relevant mandatory conditions.

 

4.        That the licence is subject to the following additional conditions and

Undertaking imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.         

 

 

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

 

9.        Alcohol shall only be consumed by patrons seated at tables.

 

10.      Loudspeakers shall not be permitted. 

 

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

 

13.      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.

 

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

 

15.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 2300 hours and 0800 hours on the following day.

 

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

 

17.      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.

 

18.      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.

 

19.      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

 

20.      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 and will include the external area immediately outside the premises entrance.  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.

 

21.      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.

 

22.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 50 persons.

 

23.      No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the are where the premises are situated.

 

24.      The door/exit will be supervised from 20:30 hours onwards to ensure that guests leave the area quietly.

 

25.      The Premises Licence Holder shall provide the Licensing Authority with a plan showing the cooking area.

 

INFORMATIVE

 

The Committee noted that the Applicant gave an undertaking that there shall be no

amplified live music, musical or other live performances permitted on the premises

or the use of the restaurant for dancing or events or any other purpose other than

the supply of meals to guests.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

21 October 2021

Supporting documents: