WCC LICENSING SUB-COMMITTEE NO. 4
Thursday 11 November 2021
Membership: Councillor Karen Scarborough (Chair), Councillor Heather Acton and Councillor Aicha Less
Officer Support: Legal Advisor: Viviene Walker
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Emanuela Meloyan
Application for a Shadow Licence 21/06202/LIPN
11 Berkeley Street
London W1J 8DS
11 Berkeley Street NO 2 Ltd
Represented by Craig Baylis (Solicitor – Kingsley Napley LLP)
Cumulative Impact Area?
The Premises are not in a Cumulative Impact Area
Special Consideration Zone?
Summary of Application
The applicant sought a Shadow Licence to be held in its name. The Premises has had the benefit of a Premises Licence since 2016. The Shadow Licence has been applied for in exactly the same terms as the existing licence. The two licences would not operate at the same time.
· Environmental Health Service - Withdrawn
· Two local residents objecting to the application
(Ms De Irena T and Mr Akash M)
Summary of issues raised by objectors
· The Premises are in a residential area which already suffers from noise disturbance late at night.
· The Premises are currently carrying out a lot of building works and causing noise nuisance to the residents during unsociable hours such as on Saturday afternoons, in the early hours of the morning from 7am and on Sundays.
· There are numerous bars and restaurants located in Berkeley Street. The street was becoming overcrowded, unsafe and out of control.
· The application was likely to encourage noise and drunken behaviour in the local area.
The following policy points had to be considered, namely HSR1 and RNTI (A).
SUBMISSIONS AND REASONS
Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application.
The Licensing Officer introduced the application and confirmed that two residential representations against the application had been received and that the Environmental Health Service’s representation had now been withdrawn following the applicant providing additional information regarding the application. The Sub-Committee noted that the Premises are in the West End Ward but are not in a Cumulative Impact Area. The Sub-Committee further noted that the Premises are, however, in the Mayfair Special Consideration Zone.
Mr Baylis, representing the applicant, addressed the Sub-Committee and advised that this was a shadow licence application which had been submitted by the landlord in order to protect their interest. He confirmed that the shadow licence was applied for on exactly the same terms as the existing licence. He advised that currently the Premises was being redeveloped under the existing licence by a proposed restaurant operator and the Premises was due to open at the beginning of December. He explained that the application was one which fits within the Council’s Statement of Licensing Policy (SLP) and that the Premises had benefited from a Premises Licence since 2016.
Mr Baylis advised that during the day he had talked with Ms De Irena T (local resident against the application) regarding her concerns. Ms De Irena had advised that the Premises had been carrying out a lot of very noisy ‘out of hours’ building works which had caused a great deal of noise nuisance. Mr Baylis advised that he had given the operator’s contact details to Ms Irena T so she could speak to them directly about her concerns as the operator wanted to be a good neighbour in the community. Mr Baylis confirmed that he had telephoned his Applicant regarding the building works and the Applicant had confirmed that he had obtained Planning Permission and Building Control Regulations for all the building work that had been carried out on the Premises. Mr Baylis advised that the building work was now completed, and the operator was in the process of training staff so the Premises would be ready to open in early December.
The Sub-Committee noted that Berkeley Street had numerous restaurants and bars and that the residents had a right to be concerned about the operation of the restaurant if the operator had been breaching the rules and regulations when carrying out the building work at the Premises.
Mr Baylis informed the Sub-Committee that the applicant as a responsible landlord took a keen interest in the operation of the Premises to ensure it promoted the licensing objectives. Mr Baylis advised that it would be a full MC66 restaurant style operation serving middle eastern cuisine with a small bakery at the front of the shop. Mr Baylis confirmed that the Freeholder and the operator were not connected, and each held a separate company. The Sub-Committee noted that the Freeholder had transferred the existing licence to the operator in 2016.
Ms De Irena T, local resident, advised that she would like more detail regarding the transfer of the Premises Licence in 2016 from the Freeholder to the current operator, as the residents had not been notified of the transfer of the Premises Licence. Mr Baylis advised that there was no legal obligation to notify residents when a Premises Licence was transferred to a new operator.
Ms De Irena T advised that the residents did have concerns regarding the previous operator at the Premises however these concerns were small in comparison with the current operator. She advised that buildings work, as usual, had started at 7am this morning and the building contractors worked every Saturday afternoon and Sunday. She confirmed that she had reported this to the Council who had stopped them working two weeks ago. She advised that a balance needed to be found between the residents and businesses in the area to co-exist together, however, 11 Berkeley did not appear to wish to communicate with the operators or the residents. She advised that she considered that the Freeholders were disrespectful towards the residents and showed no concern regarding the construction noise, smoking areas or general planning rules/regulations. She considered that they did not care about the community. The Sub-Committee advised Ms De Irena T to contact her ward councillors and the Planning Enforcement Team who could help the residents with their concerns. Ms De Irena T advised that Mr Akash M (local resident also objecting against the application) who had attended the hearing had needed to leave before the Sub-Committee could hear the application.
The Sub-Committee advised Mr Baylis that they did not feel very re-assured about granting the Shadow Premises Licence to the Freeholder. Mr Baylis emphasised that there was already an existing Premises licence in place, the Licensing Authority had not made a representation against the application even through the Premises was located was in a special consideration zone and the Shadow Licence had been applied for in exactly the same terms as the existing licence. Mr Baylis advised that he had informed the Applicant of the residential concerns.
The Sub-Committee advised Mr Baylis that the Premises Licence Holder should have regular meetings with residents in order to discuss issues directly affecting them regarding the running and management of the Premises. The Sub-Committee further advised that if the Freeholder did not promote the Licensing Objectors the residents could ask the Licensing Service to review the Premises Licence.
The Committee has determined an application for a grant of Premises Licence under the Licensing Act 2003 (“The Act”).
The Sub-Committee carefully considered the application and noted that the Premises were not located within a Cumulative Impact Area and therefore the application had to be considered on its merits. The extensive proposed conditions, , were considered appropriate and would promote the licensing objectives.
Therefore, having taken into account all the evidence (with consideration being given to the representations received from local residents), the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised. The applicant had demonstrated that the application was appropriate, with the conditions proposed considered proportionate enough to ensure that it promoted the licensing objectives. The Sub-Committee therefore granted the application accordingly.
1. To grant permission for Late Night Refreshment Monday to Thursday 23:00 to 23:30 hours Friday to Saturday 23:00 to 00:00 hours.
2. To grant permission for Seasonal Variations: Sundays before Bank Holidays 23:00 to 00:00 hours.
3. To grant permission for Playing of Recorded Music Monday to Thursday 09:00 to 23:30 hours Friday to Saturday 09:00 to 00:00 hours Sunday 09:00 to 23:30 hours.
4. To grant permission for Seasonal Variations: Sundays before Bank Holidays 09:00 to 00:00 hours.
5. To grant permission for the Sale of Alcohol (On and Off Sales) Monday to Thursday 10:00 to 23:30 hours Friday to Saturday 10:00 to 00:00 hours Sunday 12:00 to 22:30 hours.
6. To grant permission for Seasonal Variations: Sundays before Bank Holidays 10:00 to 00:00 hours.
7. To grant permission for the Opening Hours of the Premises Monday to Thursday 09:00 to 23:30 hours Friday to Saturday 09:00 to 00:00 hours Sunday 09:00 to 22:30 hours.
8. To grant permission for Seasonal Variations: Sundays before Bank Holidays 09:00 to 00:00 hours.
9. That the Licence is subject to any relevant mandatory conditions.
10. That the Licence is subject to the following additional condition imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions consistent with the operating schedule
10. The premises shall 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,
iv) Which do not provide any takeaway service of food or drink for immediate consumption,
v) Which do not provide any takeaway 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 a substantial table meal 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.
11. Notwithstanding condition 10 above, alcohol may be sold to and consumed by up to a maximum of 25 persons in the holding bar area hatched red on the plan, prior to and after their meal.
12. At least 1 SIA licensed door supervisor shall be on duty at the entrance of the premises at all times whilst it is open for business.
13. 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 entire 31-day period.
14. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
15. A Challenge 21 or Challenge 25 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.
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. It must be completed within 24 hours of the incident and 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, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol any visit by a relevant authority or emergency service.
(h) any visit by a relevant authority or emergency service.
17. 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 Service 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.
18. 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.
19. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
20. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke, shall be limited to 4 persons at any one time.
21. 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.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
24. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 and 08:00 hours on the following day.
25. Deliveries to the premises shall only take place between the hours of 07:30 and 12:00 (midday) Monday to Saturday and between 09:00 and 12:00 Sundays and Bank Holidays.
26. 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 in the area immediately outside the premises and that this area shall be swept and or washed and litter and sweeping collected and stored in accordance with the approved refuse storage arrangements by close of business.
27. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
28. No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway within the specified area outlined below for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited within the specified area.
For the purpose of this section, 'Directly' means: - employ, have control of or instruct. 'Indirectly' means allowing / permitting the service of or through a third party. 'Specified' Area' means the area encompassed within (insert name of boundary roads.)
29. The number of persons permitted within the premises at any one time (excluding staff) shall not exceed:
o Basement [x - to be determined by the Environmental Health Consultation Team]
o Ground floor [x - to be determined by the Environmental Health Consultation Team] Subject to an overall maximum of 175 persons at any one time.
30. The Licence will have no effect until the works shown on the plans appended to the application (or as subsequently amended) have been assessed as satisfactory by the Environmental Health Consultation Team and this condition has been removed from the Licence.
31. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to the designated smoking area as defined on the licensed plan.
32. The front window of the premises shall be opaque.
33. Support shall be given to the Berkeley Street monitoring scheme that may exist including a material financial contribution to any paid for enforcement scheme.
34. The licence holder shall enter into an agreement with a hackney carriage and or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
35. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity. If the manager changes then the name and contact number shall be distributed as soon as possible.
36. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
37. 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 area where the premises are situated.
Condition imposed by the Committee after a hearing with the agreement of the Applicant
38. The shadow licence will not take effect when the current licence is in operation.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
11 November 2021