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Agenda item

32 Coventry Street, W1D 6BR

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None**

32 Coventry Street,  W1D 6BR

New Premises Licence

21/05711/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3 (“The Committee”)

 

Thursday 4 November 2021

 

Membership:           Councillor Jim Glen (Chairman) Councillor Richard Elcho and Councillor Maggie Carmen

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Georgina Wills

                                Presenting Officer:  Karyn Abbott

 

Application for a New Premises Licence in respect of32 COVENTRY STREET

LONDON W1D 6BR 21/05711/LIPN

 

Present:  Marcus Lavell of Complete Licensing (Legal Representative, Absolutely Fad Limited), James Hoffelner of Complete Licensing, Mr Fadi Saliba (Owner/Operator of the Applicant, Absolutely Fad Limited) and Kevin Jackaman (Licensing Authority)

 

Full Decision

 

Premises

 

32 Coventry Street London W1D 6BR

 

Applicant

 

Absolutely Fad Limited

 

Cumulative Impact Area

 

West End

 

Ward

 

St James's

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). According to the application this premises intends to operate as a restaurant and café.

 

Activities and Hours applied for

 

Hours premises are open to the public

 

Monday to Sunday 00:00 to 00:00

 

Late Night Refreshment (Indoor and outdoor):

 

Monday to Sunday 23:00 to 05:00

 

Representations received

 

·       Licensing Authority (Michelle Steward)

·       Metropolitan Police (PC Bryan Lewis) Withdrawn

·       Environmental Health (Maxwell Kodagu) Withdrawn

 

Summary of issues raised by objectors

 

The Licensing Authority had maintained representation on the grounds of the Prevention of Public Nuisance, Prevention of Crime & Disorder, Public Safety and The Protection of Children from Harm. The Metropolitan Police and Environment Health withdrew their representations following additional conditions being agreed by the Applicant.

 

 

Policy Position

 

Policies HRS1, CIP1, FFP1 and HRS1 of the City of Westminster Statement of Licensing Policy apply.

 

DECISION AND REASONS

 

The Sub-Committee considered an application by Absolutely Fad Limited for a New Premises Licence in respect of 32 Coventry Street London W1D 6BR. The Presenting Officer provided a summary of the application and advised that representation had been maintained by the Licensing Authority. The Applicant had submitted additional information, and these were circulated to all parties. The Premises is situated in the St James's Ward and in the West End Cumulative Impact Zone. 

 

Mr Marcus Lavell of Complete Licensing, the Applicant’s Legal Representative, advised that the Premises operated as a restaurant and that the Applicant had applied for a takeaway provision to be included in their licensable activities. He confirmed that the premises had traded for over two decades and had formed a good relationship with the responsible Authorities. The Applicant had received two letters of support from the Metropolitan Police. The hours sought for late night refreshments were between 23:00 to 05:00 and Policy FFP1 applied. It was submitted that the Applicant needed to be treated as a ‘fast food take away’. Mr Lavell highlighted that the Environmental Health and Metropolitan Police had withdrawn their representations and these decisions indicated that the Licensing Objectives would be promoted. The Sub-Committee were reminded that no Resident Associations had objected to the Application.

 

Mr Fadi Saliba, Owner/Operator Applicant, Absolutely Fad Limited, informed the Sub Committee that the Premises had been affected by the Covid-19 Pandemic and that during the pandemic the restaurant and other similar establishments had prepared over 300 meals and snacks for NHS staff from three different Hospitals and also for other key workers. He had received an award for his charitable works during the Convid-19 pandemic lock down. Mr Saliba advised that an application had been made to enable the Premises to recover from the poor trade during the past 18 months. The Applicant stated that the Premises current operational hours were between 11:00 to 05:00. Patrons were required to consume meals in the Premises. Potential customers sought alternative venues when informed there were no take away service. The Sub-Committee were advised that patrons would queue at the Premises during the early morning.

 

Mr Lavall advised that it was acknowledged that there was a saturation of licensed premises which provided alcohol in the West End Cumulative Area Zone. He commented that Policy D5 indicated that late night refreshments caused patrons leaving drinking led establishments to remain in the vicinity. He also highlighted that the Applicant already had a Premises License. The Sub-Committee were reminded that patrons were already in the vicinity and that the Premises would not draw individuals into the locality. He commented that patrons seeking late night refreshments would either consume their meal in the Premises, remain in a queue or seek alternative providers.

 

Mr Lavell asserts that the inability for the Premises not being able to provide a takeaway service meant that individuals would find alternative providers, and this resulted in them remaining in the stress area for longer periods. The Sub-Committee noted that there were numerous food outlets in the vicinity who had takeaway provisions.

 

Mr Lavell commented that the Premises was situated in a unique location, had a Premises Licence, and was surrounded by other food outlets.  He advised that a limited takeaway service would be provided, and that Conditions recommended by the Responsible Authorities had been agreed. These included for queues to be held inside the premises and be limited to ten persons. Patrons would be able to leave the stress area once they purchased food and this ensured that the Council’s dispersal strategy for these areas were adhered to. The new premises licence would ensure conditions for licensable activities were updated and more effective. The Sub-Committee were told that a SIA door supervisor would also be employed. In response to questions from the Sub-Committee, Mr Lavell advised that there would be public convenience for all patrons including those queuing.

 

The Sub-Committee noted the aims of the Cumulative Impact Area and commented that the presence of other eateries in the area could not be considered as exception to policy and that the Policies took into consideration the overall number of persons within these localities.  Mr Lovell commented that the Premises would be serving patrons already present in the vicinity and that individuals had the option of visiting other providers of late-night refreshments if they were unable to be provided with a takeaway service at the Applicant’s site.  Therefore, patrons who would otherwise be queuing at other eateries would leave the area once served.

 

Kevin Jackaman, Licensing Authority, had maintained representation as the Premises was situated within the Cumulative Impact Area and needed to be considered under Policies CPR1, FFP1 and HRS1. Mr Jackaman reminded the Sub-Committee of the requirements for each Policy and advised that the existing Premises Licence would be surrendered if the Application was granted. The Applicant had applied for the same existing operational hours and had agreed to conditions proposed by both the Metropolitan Police and Environmental Health. He advised that the conditions which were agreed by the Applicant were more than what was currently on the existing License.

The Sub-Committee was informed that there were concerns regarding the removal of the current Condition 9 which was imposed by a previous Licensing Sub-Committee when the Premises hours were extended. Mr Jackaman advised that the Sub-Committee needed to be satisfied that the Application could be treated as exception to Policy. In response to questions from the Sub-Committee, Mr Jackaman accepted that the Sub-Committee needed to determine whether the arguments put forward by the Applicant that patrons would be encouraged to leave the stress area once served should stand.

 

In response to the Legal Officer, Mr Lavell advised that conditions proposed by the Environmental Health had been agreed. Mr Lavell advised that only background music would be played at the Premises and that a condition for a noise limiter had been accepted.  Mr Lavell confirmed that a SIA Security Guard would monitor the queue and ensure that only the maximum number of people permitted are queuing at any one time. 

 

The Sub-Committee noted that there is a presumption to refuse applications in the Cumulative Impact Area except in very specific circumstances due to the negative effect on the amenity of residents. The Sub-Committee agreed that it was expected for all operators to be responsible and conscientious premises licence holders and that this did not provide an exception.

 

The Sub-Committee further noted that the Covid-19 Pandemic was not an exception because it applied to operators across the West End who all had a terrible trading period. There were no objectors from Environmental Health, Metropolitan Police, Amenity Societies, and residents. This also did not on its own does not provide and exception. The Sub-Committee noted if the premises licence was granted, it would be properly conditioned with a suite of up-to-date conditions including a SIA Door Supervisor from 23:00 until the close of the Restaurant. There were no off sales of alcohol proposed and the Application also included a Personal Condition limiting the Premises Licence to operation by the Applicant.

 

CONCLUSION

 

The Sub-Committee acknowledged and commended the good work which the Applicant had undertaken with the community and responsible authorities.

 

The Sub-Committee agreed that as a result of a suite of up-to-date conditions being agreed, including requiring a door supervisor at the premises, and that the operation, in the main, would not attract new patrons to the area but would be serving patrons already present in the vicinity, resulting in patrons potentially leaving the area earlier, rather than remaining and searching for other eateries, this application was an exception to policy.

 

The Committee has determined an application for a grant of Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Sub-Committee having read the report by the Director of Public Protection and Licensing that was before it; the written submissions of the Applicant and those parties objecting to the application; and, having heard presentations and representations by, and/or on behalf of, those parties present at the proceedings, as well as the responses by those parties to questions put to them by Members of the Sub-Committee, the Sub-Committee was satisfied that, in accordance with the Home Office Guidance, on the evidence before it that it was appropriate and proportionate, in all the circumstances, to determine the application:

 

1.        To grant permission for the Late-Night Refreshment Monday to Sunday 23:00 to 05:00 hours indoors and outdoors.

 

2.        To grant permission for the opening hours of the premises Mondays to Sundays inclusive from 00.00 to 00.00

 

3.        To grant the new premises licence subject to any relevant mandatory conditions.

4.        To grant the new premises licence subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

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

 

 

5.        At the close of business each day the premises are open for business, the pavement from the building line to the kerb edge immediately outside the      premises and to a distance of 10 metres on either side, and to include the gutter / channel at it junction with the kerb edge, is swept whilst the premises are open for business and litter sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

6         When engaged, all SIA licensed door supervisors will:

 

a) Display their SIA badges in yellow arm bands

b) be equipped with closed circuit radios;

c) be equipped with "body worn video" camera devices that will record both sound and images. All recordings will be stored for a minimum of 31 days with date and time stamping. Viewing of recordings will be made available immediately upon request of the Police or Responsible Authority Officer throughout the preceding 31 day period; and

d) when stationed outside the premises, wear high visibility yellow   jackets or vests.

 

7         The premises licence holder will employ additional SIA licensed door supervisors on a risk-assessed basis. The written risk assessment shall be available to view by the Responsible Authorities at all times.

 

8         The premises licence holder will ensure that a minimum of 1 SIA licensed door supervisors are on duty at the premises from 23:00 until 05:00 (or until 30 minutes after closing to ensure safe dispersal of any remaining customers) the premises closes to the public, and a log will be kept at the premises and made available to Responsible Authority Officers 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 including items found or (abandoned);

(f) any faults in the CCTV system or searching equipment or scanning equipment;

(g) daily inspection of the CCTV system

(h) any refusal of the sale of alcohol; and

(i) any visit by a relevant authority, Police Service, Ambulance Service or Fire Brigade.

(j) The full name and registration number of any SIA door person who has been involved in dealing with any of the above matters (a to g).

 

The log will be completed as soon as possible, and, in any case within 12 hours of the occurrence or at the end of the Door Supervisors shift whichever is sooner.

 

9.        Where SIA licenced door supervisors are used at the premises a record will be maintained (on the premises) which is legible and details:

(a) The day and date when the door supervisors were deployed;

(b) The full name and SIA registration number of each door supervisor on duty at the premises; and

(c) The start and finish time of each door supervisors work duty period.

 

This record will be retained on the premises for 31 days and be immediately provided to Responsible Authority Officers upon request.

 

 

10       Any person employed as a door supervisor at the premises either directly or by way of a third party will be required to undertake a refresher course in physical intervention skills (provided by a trainer who themselves has been trained by an SIA endorsed awarding organisation and has an SIA required qualification for trainers). Such training will have been received within the last 12 months.

 

11       A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

 

(a) the limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,

(c) The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,

(d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and

(e) No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

12       In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:

 

(a) The police (and, where appropriate, the London Ambulance Service) are called without delay;

(b) All measures that are reasonably practicable are taken to apprehend any suspects pending the arrival of the police;

(c) The crime scene is preserved so as to enable a full forensic investigation to be carried out by the police; and

(d) Such other measures are taken (as appropriate) to fully protect the safety of all persons present on the premises.

 

13       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

 

14       All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons

 

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

 

16       A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity

 

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

 

18       No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.

 

19       No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day

 

20       No deliveries from the premises, either by the licensee or a third party shall take place between 23:00 and 08:00 hours on the following day

 

21       The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 20 persons

 

22       The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order

 

23       The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided

 

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

 

25       No licensable activities shall take place at the premises until premises licence 18/16269/LIPVM or subsequently numbered Premises Licence has been surrendered.

 

26       The provision of hot food and hot drink for the purpose of take away from the premises for consumption, is only permitted whilst the premises licence is held by Absolutely Fad Limited.

 

27       The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

 

a)    All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

b)    The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the

c)     premises and will include the gaming area, office, toilet entrance, any seating and external area immediately outside the premises entrance.

d)    All recordings shall be stored for a minimum period of 31 days with date and time stamping.

e)    Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period

 

28       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 is 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.

 

29       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.

 

30       There shall always be at least one member of staff on duty in the basement dining area.

 

31       There shall be no queuing outside the premises. Queuing inside the premises for takeaway food, shall be permitted for a maximum of 10 customers

 

32       There shall be waiter waitress service to seated customers only, save for take away customers, who shall order inside the premises, from the ground floor counter area.

 

34       There shall be no glass bottles supplied with take away meals.

 

35       Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area covered by CCTV and monitored by Security. The area shall be well lit and covered by CCTV.

 

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

 

The Licensing Sub-Committee

4th November 2021

 

Supporting documents: