Agenda item
22 Great Windmill Street, W1D 7LD
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3
(“The Committee”)
Thursday 3 February 2022
Membership: Councillor Jim Glen (Chairman), Councillor Melvyn Caplan and Councillor Rita Begum
Officer Support: Legal Advisor: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Emanuela Meloyan
Application for a New Premises Licence in respect of 22 Great Windmill Street London W1D 7LD 21/06791/LIPN
FULL DECISION
Premises
22 Great Windmill Street
London W1D 7LD
Applicant
The Thin White Duke Limited
Cumulative Impact Area
West End
Ward
West End
Summary of Application
This is an application for a New Premises Licence. The premises propose to operate as a Café. The Premises are located in the West End Ward and the West End Cumulative Zone but not within the Special Consideration Zone. There is a resident count of 225.
Activities and Hours applied for
Late Night Refreshment (Indoors)
Monday to Thursday 23:00 hours to 23:30 hours Friday to Saturday 23:00 hours to 00:00 hours.
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sundays prior to bank holidays 23:00 to 00:00 hours.
Sale by Retail of alcohol (On and Off Sales)
Monday 12:00 hours to 15:00 hours Tuesday to Thursday 12:00 hours to 23:00 hours Friday to Saturday 12:00 hours to 00:00 hours Sunday 12:00 hours to 18:00 hours.
Hours Premises are open to the Public
Monday to Thursday 09:00 hours to 23:30 hours Friday to Saturday 09:00 hours to 00:00 hours Sunday 09:00 hours to 22:30 hours.
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sundays prior to bank holidays 09:00 to 00:00 hours.
Representations Received
· Local Authority (Karyn Abbott)
· Metropolitan Police Service (Withdrawn)
· Environmental Health Service (EHS) (Anil Drayan)
· Soho Society
· 2 local residents
Summary of issues raised by Objectors
· The Licensing Authority expressed concerns in relation to the application and how it would promote the four licensing objectives.
· EHS stated that the proposals are likely to increase Public Nuisance in the area.
· The Soho Society objected to the application as it was presented, on the grounds of prevention of crime and disorder, prevention of public nuisance, public safety and cumulative impact in the West End Cumulative Impact Zone.
· A local resident objected on the basis o prevention of public nuisance.
Policy Position
Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies and with particular regard to the matters identified in Policy HRS1.
Under Policy RTN1, applications inside the West End Cumulative Impact Zone will generally be granted subject to: 1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1. 2. The hours for licensable activities are within the Council’s Core Hours Policy HRS1. 3. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone. 4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
SUBMISSIONS AND REASONS
Ms Emanuela Meloyan, the Presenting Officer introduced the application.
Mr Thomas for the Applicant explained that the application was brought by a young couple trying to find their way in difficult times. He stated that they have spent over half a million pounds on this new venture to date. They have a new lease, there is a recording studio in the basement area, although, this area is not part of the application. The café is much auxiliary and supports aspect of the music industry.
Mr Thomas advised the Sub-Committee that one representation was received from the resident above the premises, whose concerns have been addressed by the acoustic reports. He stated that the applicant had followed a pre-application consultation with Environmental Health Service and there will be a very limited drinks list, few house wines, canned beer only, no draught beer and limited spirits.
It was noted that the operation of the premises is within core hours. The applicant amended the licensable hours in order to be able to sell alcohol before 21:00 hours without food.
Ms Stamp, for the applicant stated that the licensed area is a very small space and there is a small preparation kitchen. They wanted to present a flexible menu, but they are going to be primarily a café business in the day. Homemade food will be prepared off site and then heated in the kitchen at the premises.
In response to questions from the Sub-Committee regarding the capacity, Mr Thomas advised that the capacity will be assessed but they can say that there will be no more 20 persons. Mr Thomas stated that there will be no drinking without food after 21:00 hours. The applicant does not anticipate there will be many smokers. The premises are located next to two bars and customers will be asked to smoke in Archers Street.
Mr Anil Drayan, representing Environmental Health Service advised that he was satisfied with the application and the acoustic report. He stated that he was at the hearing to assist the Sub-Committee.
Mr Drayan stated that the new neighbours have allowed access to their properties in order that noise level could be checked inside their flats and that have been helpful. He confirmed that he was also satisfied with the capacity of 20 persons and that the licensable activities within the premises would not cause public nuisance.
Ms Karyn Abbott, representing the Licensing Authority, advised that the Licensing Authority had maintained their representations as the premises are situated in the West End Cumulative Zone. She stated the premises are a small café and the hours had been reduced and fall within core hours. It was noted that the proposed model condition 66 would make the application fall within Policy RTN1 after 21:00 hours. Before 21:00 hours the application does fall within PB1 Policy and so an exceptional circumstance would be required as to why the application should be granted.
Mr Richard Brown, speaking on behalf of the Soho Society and local residents stated that they had no issues with the premises apart from the bar use of its operation. He noted that Mr Thomas said PB1 Policy was not relevant, but the licence would permit the sale of alcohol and therefore, exception may be needed with a terminal hour no later than 21:00 hours.
Mr Gleeson, speaking on behalf of the Soho Society stated that the street is a very small narrow street. The major issue with this application is that for 12 hours per day the premises could be used as a bar. Twenty extra people in the street would be detrimental.
In response to questions from Mr Gleeson, Mr Drayan stated that EHS would be assessing how the food will be prepared to ensure that there will be no potential odour nuisance and there will be no fumes condition on the Licence.
In response to questions from the Sub-Committee regarding restriction on the number of people who are allowed to drink before 21:00 hours, Mr Thomas stated that the applicant would accept that proposal rather than the Licence not been granted.
Mr Kerry Simpkin, Policy Adviser stated that the application should be considered under the Council’s PB1 Policy which has a general presumption to refuse such applications within the Cumulative Impact Zone. Mr Simpkin advised that it was important to note that the policy framework within the Council’s Licensing Policy was not designed to be broken up in order to apply to various parts of the days’ operation of the premises.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, submissions made by the applicant and all other parties, and the oral evidence given by those parties in attendance during the hearing in its determination of the matter.
The Sub-Committee noted that under Policy PB1 it is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone unless the applicant can demonstrate genuine exception to Policy.
The Sub-Committee was satisfied that the applicant had demonstrated an exception in this case due to the reduced hours of the operation, and in particular the nature of the applicant’s proposed use of the premises, the small capacity and anxiliary use of the premises as a café. Accordingly, the Sub-Committee decided that the applicant had provided valid reasons as to why the granting of the application would not add to negative cumulative impact in the CIZ and thus promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all 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 Late Night Refreshment Monday to Thursday 23:00 to 23:30 hours Friday to Saturday 23:00 to 00:00 hours
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday prior to bank holidays 23:00 – 00:00.
2. To grant permission for the Sale by Retail of Alcohol (On and Off Sales)
Monday 12:00 to 15:00 hours Tuesday to Thursday 12:00 to 23:00 hours Friday to Saturday 12:00 to 00:00 hours Sunday 12:00 to 18:00 hours.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday prior to bank holidays 09:00 – 00:00.
3. To grant permission for the Opening Hours for 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.
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. On Sunday prior to bank holidays 09:00 – 00:00.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the 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
9. The premises shall only operate as a café:
(i) in which customers are shown to their table or the customer will select a table themselves,
(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,
(iv) 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.
For the purpose of this condition ‘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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
10. (a) Notwithstanding condition 9, alcohol may be supplied and consumed prior to 20:00 hours without a substantial table meal to persons seated and served by waiter/waitress ancillary to the use of the premises as a café and which is auxiliary to the recording studio below the licensed premises.
(b) Consumption of alcohol in respect of (a) above shall cease by 21:00 hours.
11. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
12. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
13. The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.
14. An incident log shall be kept at the premises and made available on request 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.
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. 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.
17. 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.
18. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
19. 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.
20. 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.
21. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
22. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
23. 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 collections are arranged during the times for the Council’s own commercial waste collection service for the street.
24. 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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
25. 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.
26. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall not be permitted to take glass containers with them.
27. 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, but any such capacity will not exceed 20 persons (excluding staff) at any time.
28. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.
29. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
30. There shall be no sale of take-away food after 23:00 hours.
31. There shall be no off sale of alcohol after 23:00 hours Monday to Saturday and Sundays 22:30 hours.
32. The Premises Licence Holder shall submit a revised plan of the licensed premises to the Licensing Authority.
This is the Full Decision reached by the Licensing Sub-Committee.
This Decision takes immediate effect.
Licensing Sub-Committee
3 February 2022
Supporting documents:
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22 Great Windmill Street_Redacted, item 4.
PDF 865 KB - Restricted enclosure View the reasons why document 4./2 is restricted
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