Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Maida Vale None* None **	Antika, 4 Lauderdale Parade, Lauderdale Road, W9 1LU	Variation to the Premises Licence	21/07529/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Wednesday 2 February 2022

 

Membership:             Councillor Tim Mitchell (Chairman)

  Councillor Heather Acton and Councillor Maggie Carman

 

Officer Support:         Legal Advisor:                                  Horatio Chance

                                  Policy Officer:                                  Aaron Hardy

                                  Committee Officer:                                   Georgina Wills

                                  Presenting Officer:                                   Kevin Jackaman

 

Others Present also: Mr Julian Overton TV Edwards Solicitors on behalf of the

Applicant Antika Bar Ltd, Mr Davood Najaflou - Applicant: Antika Bar Ltd, Mr Richard

Brown Westminster’s Citizens Advice representing Paddington Waterways and

Maida Vale Society, (E Virgo), N Kribi, J Stein; R Omosco; S Kenyon-Muir; and

D Wheal) E Virgo, N Kribi, D Wheal and Mr Anil Drayan Environmental Health

Services

 

Application for a Variation of  a Premises Licence in respect of Antika

4 Lauderdale Parade Lauderdale Road London W9 1LU 21/07529/LIPV

 

                                                     FULL DECISION

 

Premises

 

Antika

4 Lauderdale Parade

Lauderdale Road

London

W9 1LU

 

Applicant

 

Antika Bar Ltd

 

Cumulative Impact Area?

 

N/A

 

Ward

 

Maida Vale

 

Special Consideration Zone

 

N/A

 

 

Licensable Activities and Hours applied for

 

To add the provision of Late Night Refreshment

 

Monday to Thursday 23.00 to 23.30

Friday and Saturday 23.00 to 00.00.

 

To add the Sale by Retail of Alcohol (On Sales)

 

Monday to Thursday 10.00 to 23.30

Friday and Saturday 10.00 to 00.00

Sunday 10.00 to 22.30.

 

To vary the hours for the Sale by Retail of Alcohol (Off Sales)

 

Monday to Thursday 10.00 to 23.30

Friday and Saturday 10.00 to 00.00

Sunday 10.00 to 22.30.

 

Opening Hours of the Premises:

 

Monday to Thursday: 08.00 to 23.30 hours

Friday to Saturday: 08.00 to 00.00 hours

Sunday: 10:00 to 23:30

 

To remove condition 6 and 7 from the licence

 

Condition 6 reads:

 

Alcohol shall not be sold or supplied except during permitted hours.

 

In this condition, permitted hours means:

 

(a) On weekdays, other than Christmas Day, 08:00 to 23:00

(b) On Sundays, other than Christmas Day, 10:00 to 22:30

(c) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30

(d) On Good Friday, 08:00 to 22:30

 

The above restrictions do not prohibit:

 

(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(b) ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(c) sale of alcohol to a trader or club for the purposes of the trade or club;

(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which

the sale or supply of alcohol is carried out under the authority of the Secretary of

State or an authorised mess of members of Her Majesty's naval, military or air

forces.

 

Alcohol shall not be sold in an open container or be consumed in the licensed premises.

 

Condition 7 reads:

 

Alcohol shall not be sold in an open container or be consumed in the licensed premises.

 

Representations Received

 

·       Environmental Health Service (Anil Drayan)

·       Metropolitan Police Service (PC Bryan Lewis)Withdrawn

·       16 Local Residents

·       Paddington Waterways & Maida Vale Society (Elizabeth Virgo)

 

Summary of Objections

 

The Environmental Health Service, Paddington Waterways & Maida Vale Society and 16 local residents had maintained representation on the grounds of the Prevention of Public Nuisance. Following agreement of the hours and conditions with the applicant the Metropolitan Police Services withdrew their representation on 29 September 2021.

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 4 Lauderdale Parade

Lauderdale Road London  W9 1LU. The Applicant is Antika Bar Ltd. The Premises has been licensed since 2005 under reference number (21/05106/LIPDPS).The Premises previously operated as an off licence. The Applicant sought to change the operation of the Premises to a restaurant. 

 

The Applicant is seeking to add Late Night Refreshment for an extra 30 minutes Monday to Thursday and for one-hour Friday and Saturday. To extend the On Sale of Alcohol Monday to Thursday 10.00 to 23.30, Friday and Saturday 10.00 to 00.00 and Sunday 10.00 to 22.30. To vary the hours for the sale of Alcohol for consumption Off the Premises from 08:00 to 23:00 Monday to Saturday and Sunday 10:00 to 22:30 to Monday to Thursday 10.00 to 23.30 Friday and Saturday 10.00 to 00.00 and Sunday 10.00 to 22.30 together with the removal of Conditions 6 and 7 from the Premises Licence.

 

The Premises is located within the Maida Vale Ward and is not situated in either a Special Consideration Zone or a Cumulative Area Zone.

 

There is a resident count of 234.

 

Policy Considerations

 

Policies HRS1 and RNT1 (A) apply under the City Council’s  Statement of Licensing Policy  (SLP).

 

SUBMISSIONS AND REASONS

 

Mr Jackaman, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  He explained that the application was for a variation of a Premises Licence in respect of 4 Lauderdale Parade London W9 1LU. The Applicant, Antika Bar Ltd seeks to change the use of the Premises into a restaurant as it previously operated as an off licence with adding licensable activities for Late Night Refreshment, the sale of alcohol On and Off the Premises and the removal of 2 conditions. Representations have been received from the Environmental Health Service, 16 Local Residents and the Paddington Waterways & Maida Vale Society (Elizabeth Virgo represented by Richard Brown from the Westminster Citizens Advice. The Metropolitan Police Service did originally object but withdrew their objection after agreeing conditions with the Applicant.

 

Mr Jackaman advised that additional submissions had been received from Mr Brown and two objectors and these had been circulated to all the relevant parties before the Sub-Committee Hearing. The Premises are located within the Maida Vale Ward and is not situated in either a Special Consideration Zone or the West End Cumulative Impact Zone.

 

Mr Julian Overton, Solicitor appearing on behalf of  the Applicant, advised that the Applicant had sought for a variation of the Premises Licence as they wished to replicate other successful establishments which they operated. He advised that the Applicant was a good operator and had experience of operating premises that were situated in a mixed location which included both residential and commercial buildings. He advised that the Applicant had ten years’ experience of successfully operating a restaurant in Maida Vale and during this period had not received any complaints regarding this Premises. The Applicant was reported to have liaised with the Metropolitan Police and as result they had withdrawn their representation.  He advised that Conditions proposed by Environmental Health had also been accepted and that there had been correspondence with residents. Mr Overton stated that the Applicant had a proven track record of complying with Licensing Conditions.

 

Mr Overton advised that the hours applied for by the Applicant had been reduced and this was due to concerns raised regarding public nuisance. He advised that the Premises would close at 23:00 Monday to Saturday and 22:30 Sunday. Mr Overton advised that permitted diners outside the external areas which included a Courtyard would be reduced from 15 patrons to 12 and this had been undertaken to mitigate concerns of interested parties. There will also be no deliveries between 18:00 and 10:00. Mr Overton stated  that a Condition which prohibits take-away deliveries an hour before closing (23:00) would also be accepted. Mr Overton advised that it was envisaged that delivery services would not be frequently used. The Sub-Committee noted that measures had been put in place to ensure that the Premises is ‘soundproof’ and that Environment Health had imposed a works condition which required for building works ‘to be signed off’ before the Restaurant could start to trade and carry out licensable activities. Mr Overton said this condition would ensure that all remedial works concerning noise insulation is appropriate.  

 

The Sub-Committee was advised that a Planning Application had been submitted and that consultation had been sought regarding these submissions.   Mr Overton refuted the objectors view that the effectiveness of the Premises plant equipment would not be scrutinised. He commented that the Planning Service would impose conditions which required for all equipment to be tested to ensure they are effective in eliminating undesirables such as odour. Mr Overton said that the application would be rigorously scrutinised by both the Planning and Environmental Health Service Departments. The Sub-Committee was advised that CCTV had yet to be installed and would be fitted to ensure that the gadget points at an angle to avoid capturing images and protecting the privacy of residents and non-patrons.  Mr Overton said  that residents would be consulted about the CCTV and that the gadget would be used as a tool to protect the Premises.

 

In response to questions from the Sub-Committee. Mr Overton advised that the Premises kitchen would be built in the basement and would not operate as a full kitchen. He said  that the Applicant wanted to operate within the terms of the Licence that was sought, and only minimum food preparation would take place in the Premises. This included reheating food and a small amount of frying. The Sub-Committee noted  that the Premises would require further development in order for a full kitchen to operate. Mr Overton confirmed  that meals will be prepared at the sister restaurant and couriered to the Premises - the food will be couriered over to the Premises three times per week. Following further questions from the Sub-Committee Mr Overton advised that the same delivery companies used at the sister restaurant would be contracted again and that the Applicant would accept an informative which required delivery companies not to use noisy vehicles.

 

Mr Anil Drayan appearing on behalf of the Environmental Health Service  advised that a visit to the Premises had been undertaken and confirmed that the Applicant had agreed to all proposed conditions. Mr Drayan said that he was satisfied with the proposed works to be undertaken and this included measures to ensure that no odours emanate from the restaurant and there are no nuisances from the external plants. He advised that these aspects would be covered under the Works Conditions which had been agreed by the Applicant. Mr Drayan said  that further discussions may need to be held regarding the internal transfer of noise and this was previously dealt under Planning. He said in the main  Applicants would be requested to produce evidence of sound installation, and this was required under the Works Condition.

 

Mr Drayan said  that the installation of CCTV was a requirement of the Metropolitan Police and Environment Health. He advised that it was preferred for CCTV to be pointed at the entrance of the Premises. Mr Drayan commented that the Police Licensing Team will liaise with the Applicant regarding the positioning of the CCTV to ensure it meets their requirements and addresses residents’ concerns regarding privacy. The Sub-Committee noted  that the Applicant had agreed to a Condition which requires alcohol to be served only to patrons who are seated and consuming a substantial table meal. Mr Drayan advised that the proposed Condition for the installation of a Noise Limiter was now redundant as the Applicant had reduced their operational hours accordingly. 

 

In response to questions from the Sub-Committee, Mr Drayan advised that noise and environmental concerns which were previously dealt under the Planning regime had now been absorbed into  Planning Policy for the Council. He confirmed that the Applicant’s proposed works were satisfactory and this included sound proofing and odour elimination. Mr Drayan said that an acoustic consultant will be liaised with regarding sound insulation. The Sub-Committee was advised that the CCTV was  inspected by the Metropolitan Police to ensure that camera angles and footages were satisfactory. These components would all be part of the Works Conditions. Mr Drayan said that mitigation works undertaken by the Applicant would be reviewed to ensure that their proposed works do not cause nuisance. The Sub-Committee noted that the Applicant would be ‘frying food at the Premises. Mr Drayan said  that the Applicant had been advised to undertake all mitigation works rather than do further remedial works. This will ensure that the Applicant is able to do more detailed intensive cooking in the future. Mr Drayan said  that the Licence could be subject to the Review process if it was found to cause a statutory nuisance or have failed to comply with set Conditions.

 

Following further questions from the Sub-Committee, Mr Drayan advised that the Applicant needed to have regard to the Food Hygiene Legislation and  be required to adopt a Food Safety Policy. The Food Safety Policy must include matters such as  cooking, transfer, storage, and hygiene. The onus would then be on the Applicant to demonstrate to the Council’s Food Team how the Food Safety Policy is to cover how operation from food preparation to delivery will be made safe. Mr Drayan stated that there had been concerns regarding refuge collection in the locality and that no complaints had been received regarding noise nuisance in the vicinity.

 

Mr Richard Brown appearing on behalf of the Paddington Waterways and Maida Vale Society, N Kribi, M Iglauer and D Wheal advised that there were a considerable number of residential buildings in the Parade. Mr Brown said that residents were objecting to the Application and most of these concerns fell under the prevention of public nuisance. He said that the Premises previously operated as an off licence and under the previous operation there was no ‘On Sales, on site cooking, patrons remaining in the Premises for extended periods and outside activities. Mr Brown said  that residents had been informed that the Premises would operate as various operations, and this included a wine bar and a snack bar. He advised that there was still uncertainty about food preparation in the Premises.

 

Mr Brown stated  that the insulation in the Premises was insufficient and that noise transmission from the Premises was still audible inside resident’s homes. Mr Brown said  that residents should be liaised with to ensure that mitigating measures placed by the Applicant are adequate. He commented that reductions in the Premises hours of operation should be further reduced to 22:30 and there were concerns that other premises would apply to increase their operational hours. Mr Brown advised that bi folding windows if left open would cause noise nuisance. Mr Brown said that there was uncertainty and concerns about the extract fan and grill equipment. He reminded the Sub-Committee that they need to be satisfied that the Application would promote the Licensing Objectives and that the Premises are in a heavily residential setting.

 

Ms N Kribi, local resident, advised the Sub-Committee that her accommodation was directly above the Premises and that she had experienced nuisance during the refurbishment of the building. She said that the current noise insulation in the building was inadequate and that contractors’ conversations were audible. She said that the noise levels would be intolerable when the Premises is occupied with up to 30 patrons and would worsen when these individuals consume alcohol. Ms Kribi advised that the air conditioner unit and extractor fan were located directly above resident’s bedrooms and during warmer weather would cause nuisance. She

advised that there were concerns regarding odour from the grills being transferred into residents’ flats. Ms Kribi commented that the bi-folding windows would act as noise transmitters and advised that the Applicant had installed units and grills without consent from the Freeholder and had not taken residents views into account. Overall she said that the proposed operations of the Premises would cause public nuisance.

 

Mr D Wheal advised that there were some discrepancies regarding the use of the Premises kitchen and said that it had been communicated by the Planning

Service that no food preparation would take place at the restaurant. He advised that residents had complained to appropriate Authorities about individuals loitering in the vicinity until midnight. Mr Wheal said that external seating outside the Premises would encourage individuals to congregate outside the Restaurant. The Sub-Committee was informed that there were also concerns regarding individuals smoking and cigarette smoke entering residents’ homes.

 

Mr Wheal said  that the area which the Premises had access to was only the internal and front area and this was detailed in the Land Registry Plans. He said that deliveries which are undertaken through the backdoor would be via the resident courtyard. Mr Wheal said that the Applicant would need to advise how deliveries would operate and informed that the air conditioning unit had been installed in the courtyard and extractor fan faced this area. He advised that these issues would have been reviewed if the Applicant had consulted residents in the preliminary stages of their application. He advised that Officers were aware of the infringements and commented that applications were done retrospectively. The Sub-Committee was informed that they had to ensure that operations are lawful and address concerns of residents.  Ms N Kribi commented that the rear door of the Premises was located directly beneath her front door and that odour and noise would still enter her property if doors or windows are left open.     

 

Ms Virgo advised that she had resided at her dwellings since 1992 and that bedrooms directly overlooked Lauderdale Parade. She said  that 6 units in the Area now operated as a restaurant or café and had outdoor dining and moped deliveries. She said that some Premises had supply deliveries in the early morning. Ms Virgo stated  that it was acknowledged that these Premises contributed to the area ‘being vibrant’. She commented that the existing units were local and non-destination venues. Ms Virgo advised that the Premises operational style was different to other units and would be more ‘alcohol based’ and attract patrons from outside the area. She advised that the vicinity had a heavily residential setting and would be unable to accommodate a ‘lively unit.  The Sub-Committee was informed that the locality used to be quiet and had become busier. Ms Virgo advised that a Sushi Bar located in the vicinity had been closed and this was due to nuisance being caused by the Premises and patrons parading expensive sport vehicles.

 

Mr Brown stated  that there were uncertainties about the noise transmission and external odour and recommended that residents should be liaised with during the discharge of the Works Conditions. In response to questions from the Sub-Committee, Mr Drayan advised that various measurements would be taken from residents’ premises by the Acoustic Consultant, and this would be undertaken  to test the sound installation of the Premises and ensure that the sound proofing was adequate. Mr Drayan said  that the Works Conditions would ensure that the level of works are appropriate and informed that the requirement for residents to be consulted following the discharge of the Works Conditions could be included.

 

Mr Drayan advised that proposed Condition 14 required for all external seating to be rendered unusable at 23:00 as this would help to mitigate concerns regarding individuals loitering in the Parade. He advised that an additional Condition which requires for all windows and doors of the Premises to be closed after 21:00 save for immediate access and regress should be included. The Sub-Committee noted that a further Condition which required the Applicant to encourage residents not to congregate and to leave the Premises quietly should be included.

 

Following questions from the Sub-Committee Mr Overton advised that additional Conditions which requires for windows and doors to be closed by 21:00 would be accepted and said that the bi-folded windows were double glazed and would insulate sound. He advised that all external seating would be rendered unusable at 23:00 and that smokers would be directed not to cause any nuisance and be managed and that smokers would be limited to two persons. Mr Overton said  that an Informative which stipulates that no shisha be smoked in the Premises or external area would be accepted.

 

Mr Chance, the Legal Advisor to the Sub-Committee went through the agreed  additional Conditions  and these included doors and windows to be closed after 21:00,  Model Condition 21 (MC21)  requiring  notices requesting for patrons to respect the needs of local residents and business when leaving the Premises be prominently displayed, that only two smokers be permitted in the external area and be directed not to cause any nuisance and that Condition 7 be amended to only permit 12 patrons in the external seating area. The Applicant had also agreed an Informative which stipulates that there is to be no smoking of shisha on the Premises or external area.

 

In summing up Mr Brown stated  that the operational hours had been reduced and that there were still concerns regarding noise transmissions from the Premises and nuisance in the external areas.  He said  that 12 patrons in the external areas until 22:00 would cause nuisance and welcomed that residents should have input during the discharge of the Works Condition. 

 

In summing up Mr Overton confirmed  that there had been constructive and helpful discussions during the Hearing. He said that the Applicant was a good operator and wished to replicate their other Premises and on that basis the application should be granted. He then went on to say that the restaurant model condition had been accepted and that the Premises would not be drink led. Any concerns raised by residents would be continued to be addressed and that a positive relationship with the residents would be pursued and developed.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of determining this application. The Premises are not located within the West End Cumulative Impact Zone so there is no presumption to refuse the application

 

In reaching their decision, the Sub-Committee considered all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee noted that matters regarding the respective Freehold and Leasehold interests were landlord and tenant issues and are therefore outside the scope of the Sub-Committee’s remit and powers. The Sub-Committee acknowledged and welcomed the fact that the Applicant had made several concessions to the Application during the Hearing, and this included the reduction of the operational hours, reducing the number of patrons permitted in the external seating area to 12 and ensuring that all doors and windows are closed after 21:00 hours so as to prevent nuisance to nearby residents.

 

The Sub-Committee noted that the style, nature and character of the Premises as described by the Applicant would be that of a restaurant i.e. food and not alcohol led and this was endorsed by the fact that restaurant model conditions 38 and 41 have been accepted by the Applicant. This added protection would mean that there is no danger of the Premises morphing into a Wine Bar as feared by local residents. The model would require that the sale of alcohol is ancillary to a substantial table meal and waiter and waiter service when alcohol is served.

 

The Sub-Committee concluded that the right balance has been struck here when considering the needs of local residents and the Applicant’s ability to run his Premises in an efficient and effective manner that will lead to the promotion of the licensing objectives.

 

The Sub-Committee considered that the conditions it has imposed on the Premises Licence would mitigate the concerns raised by local residents when it came to noise emanating from the Premises, smoking, dispersal of customers which in turn would have the desired effect of promoting the public nuisance licensing objective. 

 

The Sub-Committee considers that the safeguards put in place by the extensive use of conditions will deal with the concerns raised by residents regarding public nuisance. In any event the Environmental Health Service is to undertake an inspection of the Premises as per the works condition before licensable activities can take place and this will address the issue of the works to the Premises and capacity as well as address noise issues emanating from the Premises with plant and machinery and address any issues arising following future changes of the Premises.

 

The Sub-Committee decided to grant the variation to add the sale of alcohol with amended hours On and Off the Premises, amended  opening hours together with the removal of conditions 6 and 7. However, due to the terminal hour being amended Monday to Saturday to 23:00 hours Late Night Refreshment was no longer sought as a licensable activity.

 

The Sub-Committee considered  that the conditions imposed on the premises licence were appropriate and would ensure that the four licensing objectives were promoted.

 

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

 

The Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission To Add Sale by Retail of Alcohol for consumption On the Premises Monday to Saturday 10.00 to 23.00 and Sunday 10.00 to 22.30 Seasonal Variations: N/A

 

2.        To grant permission To Vary the Hours for Sale by Retail of Alcohol for  consumption Off the Premises Monday to Saturday 10.00 to 23.00  and Sunday 10.00 to 22.30. Seasonal Variations: N/A

 

3.        To grant permission for the Hours the Premises are Open to the Public Monday to Saturday: 08.00 to 23.00 Sunday 10:00 to 22:30 Seasonal Variations: N/A

 

4.        That Conditions 6 and 7 on the Premises Licence are hereby removed and cease to have effect. 

 

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

6.      That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

 

7.        That the varied licence is subject to the following additional conditions and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a licensing hearing

 

8.        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.

 

9.        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.

 

10.      Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

11.      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.

 

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

 

13.      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.

 

14.      The outside area will close each night by 22.30 for licensable activities and after this time 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

 

15.      No deliveries to the premises shall take place between (18.00) and (10.00) 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.      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 unless it is during the times for the Council’s own waste collection service for the street

 

18.      No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) on the following day unless it is during the times for the Council’s own waste collection service for the street

 

19.      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 sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business

 

20.      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

 

21.      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. If there are minor changes during construction new plans shall be submitted to the Licensing Authority when requesting removal of this condition.

 

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

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

(c) The CCTV system shall continually record whilst the premises is 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 and all the external seating areas.

(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.

 

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 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

 

24.      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

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

 

25.      The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed at the outside tables and chairs shown on the licence plan, shall be by waiter or waitress service, served only to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

26.      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.

 

27.      The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed (30) persons, and the front external area (15).

 

28.      The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal. For the purpose of this condition a ‘Substantial Table Meal’ means a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.

 

29.      The supply of alcohol shall be by waiter or waitress service only.

 

30.      A 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.

 

31.      All windows and external doors shall be kept closed after (21:00) except for the immediate access and egress of persons.

 

32.      Patrons permitted to temporary leave and then re-enter the premises e.g., to smoke shall be limited to 2 persons at any one time.

 

33.      Deliveries shall only take place at the front of the premises

 

Informative:

34.      The Premise Licence Holder shall ensure that no shisha smoking takes place at any time on the Premises.

35.      The Premise Licence Holder is strongly encouraged to require the appointed delivery company to use electrical vehicles or walking bikes for the purposes of being environmentally friendly. 

36.      The Premises Licence Holder is advised to make the relevant planning application and obtain planning permission in respect of the various outstanding matters to the Premises and liaise accordingly with the Licensing Authority.

 

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

 

The Licensing Sub-Committee

2 February 2022