Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End None* None**	Mister Nice, 14-16 Davies Street, W1K 3DR	New Premises Licence	21/06429/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

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

 

Thursday 4 November 2021

 

 

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

 

Officer Support:       Legal Advisor:           Steve Burnett

                                Policy Officer:             Kerry Simpkin

                                Committee Officer:           Georgina Wills

                                Presenting Officer:           Kevin Jackaman

 

 

Application for a New Premises Licence in respect ofMISTER NICE

14 - 16 DAVIES STREET LONDON W1K 3DR 21/06496/LIPN

 

Present:  Marcus Lavell, Keystone Law (Legal Representative, Goodkat Limited), Mr Jean-Philippe Kley (Owner/Operator, Goodkat Limited), Mr Romain Ribera (Designated Premises Supervisor, Goodkat Limited) and Mr Sotirios Sakkas  (General Manager, Goodkat Limited)

 

 

Full Decision

 

 

Premises

 

Mister Nice 14 - 16 Davies Street, London W1K 3DR

 

Applicant

 

Goodkat Limited represented by Mr Marcus Lavell of Keystone Law

 

Cumulative Impact Area

 

None

 

Ward

 

West End

 

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.

 

Activities and Hours applied for

 

Sale by retail of alcohol [Both]

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 12:00 to 22:30

 

Hours premises are open to the public

 

Monday to Thursday 07:00 to 00:00

Friday to Saturday 07:00 to 00:30

Sunday 07:00 to 23:00

 

Late Night Refreshment:

 

Monday to Thursday 23:00 to 23:30

Friday to Saturday 23:00 to 00:00

 

Film

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 12:00 to 22:30

 

Representations received

 

·       Metropolitan Police (PC Nicole Sondh) Withdrawn

·       Environmental Health (Ian Watson) Withdrawn

·       One Local Resident

 

Summary of issues raised by Objectors

 

·       One local resident had maintained representation on the grounds of the Prevention of Public Nuisance and that the Premises would disturb the nature and feel of the flow for the existing trades (high class galleries) and will make the vicinity lose its character.

·       The Metropolitan Police and Environmental Health withdrew their Representations following agreement of conditions

 

Policy Position

 

Policies RNT1 and HRS1 of the City of Westminster Statement of Licensing Policy apply.

 

DECISION AND REASONS

 

The Sub-Committee considered an application by Goodkat Limited for a New Premises Licence in respect of Mister Nice 14 - 16 Davies Street London W1K 3DR. The Presenting Officer provided a summary of the Application and advised there were additional submissions from the Applicant, and these were circulated to all parties. The Sub-Committee was informed that the objector would not be attending the Meeting.

 

Mr Marcus Lavell, of Keystone Law, Applicant’s Legal Representative confirmed that the Premises intended to operate as a ‘classic restaurant’ which showcased French wine. The Applicant had agreed to the Restaurant Model Condition 66, and the Premises hours of operation were within the core hours. The establishment is not situated in any Cumulative Impact Area. Mr Lavell highlighted that there was only one objector and that the individual had maintained representation on the basis that they did not want a restaurant to be situated next door to their Premises. The neighbouring Premises currently operates as an Art Gallery.

 

Mr Lavell advised that the Premises and other Units in the vicinity were empty. He reminded the Sub-Committee that the Government had introduced a New Planning Class E which enabled vacant units to be transferred into ‘living sustainable premises’. He advised that the Premises would not cause public nuisance and highlighted that the Applicant had provided a dispersal policy. It was noted that there had been no representations from nearby local residents about concerns regarding patrons congregating and causing obstruction on the public highway. He commented that the pavements width in the vicinity was generous and that the owner of the premises who objected had planters outside their establishment.

 

Mr Lavell advised that the premises would have door staff who would be present whilst patrons left the restaurant, and this was to ensure that individuals had a good experience during their visit. In response to questions from the Sub-Committee Mr Lavell advised that the Applicant previously operated an establishment in the Borough and was working on various business ventures. Mr Lavell confirmed that conditions which stipulated that no noise nuisance should emanate from the Premises would be adhered too.  

 

CONCLUSION

 

The Sub-Committee noted that the application was for a new Premises Licence, that the site was not in the Cumulative Impact Area and that licensable activities were within Westminster Council’s Core Hours. There were also no objections from the Responsible Authorities and furthermore, a Restaurant Model Condition 66 had been accepted with minor amendments:

 

Save for private pre-booked wine tasting events, the premises shall only operate as a restaurant:

 

(i) in which customers are shown to their table,

(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 using non      disposable crockery (except chopsticks),

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

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

(vi) 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.

 

 

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

 

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 regulated entertainment. (Indoors)

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 12:00 to 22:30

 

2.              To grant permission for late-night refreshment. (Indoors)

 

Monday to Thursday 23:00 to 23:30

Friday to Saturday 23:00 to 00:00

 

3.              To grant permission for the sale of alcohol. (On and off sales)

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday 12:00 to 22:30

 

4.              To grant permission for the premises to open to the public Mondays to Thursdays 07.00 to 00.00, Fridays and Saturdays until 00.30 and on Sundays until 23:00.

 

5.              To grant the permission for All licensable activities and opening times to be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

6.              That the new premises licence is subject to any relevant mandatory conditions.

 

7.              That the new premises licence is subject to the following conditions 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

 

 

8.              Save for private pre-booked wine tasting events, the premises shall only operate as a restaurant:

 

(i) in which customers are shown to their table,

(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 using non         disposable crockery (except chopsticks),

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

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

(vi) 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.

 

9.              During the hours of operation, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, 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.

 

10.           Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is old or supplied for consumption on the premises.

 

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

 

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

 

13.           Loudspeakers shall not be located in the entrance lobby or outside the premise building.

 

14.           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.

 

15.           The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

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 is to be made available to residents and businesses in the vicinity.

 

17.           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.

 

18.           A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

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

 

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 is 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.

 

21.           A staff member from the premises who is conversant with the operation of the CCTV 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.

 

22.           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 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 refusal of sale of alcohol;

g) Any faults in the CCTV system;

h) Any visit by a relevant authority or emergency service.

 

23.           There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.

 

24.           A challenge 21 proof of age scheme shall be operated at the premise 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.

 

25.           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.

 

26.           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.

 

27.           All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

28.           All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

29.           The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

30.           Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

31.           No licensable activities shall take place at the premises until the Environmental Health Consultation Team has determined the capacity of the premises and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined. In any event the capacity of the premises shall not exceed 100 persons (excluding staff) in total, with no more than 100 customers on the Ground Floor and no more than 60 customers in the basement, at any one time.

 

32.           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.

 

33.           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.

 

34.           No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.

 

35.           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.

 

36.           Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

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

 

The Licensing Sub-Committee

4^th November 2021