Agenda item
Jeru, 11 Berkeley Street, W1J 8DS
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 Jeru 11 Berkeley Street London W1J 8DS 21/08226/LIPN
FULL DECISION
Premises
Jeru
11 Berkeley Street
London W1J 8DS
Applicant
88 Hudson Limited
Cumulative Impact Area
None
Ward
West End
Summary of Application
This is an application for a New Premises Licence. The premises propose to operate as a Bakery/Delicatessen with restaurant and bar.
Activities and Hours applied for
Recorded Music (Indoors)
Monday to Wednesday 23:00 hours to 00:00 hours Thursday to Saturday 23:00 hours to 02:00 hours Sunday 23:00 hours to 00:00 hours.
Seasonal variations/Non-standard timings: From the start time on New Year’s Eve to the finish time on New Year’s Day.
Late Night Refreshment (Indoors)
Monday to Wednesday 23:00 hours to 00:00 hours Thursday to Saturday 23:00 hours to 02:00 hours Sunday 23:00 ours to 00:00 hours.
Sale by Retail of Alcohol (On and Off Sales)
Monday to Wednesday 10:00 hours to 00:00 hours Thursday to Saturday 10:00 hours to 02:00 hours Sunday 12:00 hours to 00:00 hours.
Seasonal variations/Non-standard timings: From the start time on New Year’s Eve to the finish time on New Year’s Day.
Hours Premises are open to the Public
Monday to Wednesday 07:00 hours to 00:30 hours Thursday to Saturday 07:00 hours to 02:30 hours Sunday 07:00 hours to 00:00 hours.
Seasonal variations/Non-standard timings: From the start time on New Year’s Eve to the finish time on New Year’s Day.
Representations Received
· Metropolitan Police Service (PC Dave Morgan) (withdrawn)
· Environmental Health Service (Ian Watson)
· 4 local residents
Summary of issues raised by Objectors
· Environmental Health Service stated that the proposals are likely to increase the risk of public nuisance and may impact upon public safety.
· Local residents objected on the basis of prevention of public nuisance and prevention of crime and disorder.
Policy Position
Under Policy SCZ1, in addition to meeting other policies within the Statement of Licensing Policy, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.
Under Policy HRS1, applications for hours 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 within 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 outside 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 being within the Council’s core hours Policy HRS1. 3. The applicant has taken account of the Special Consideration Zones. 4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
SUBMISSIONS AND REASONS
Ms Emanuela Meloyan, Licensing Officer, summarised the application as set out in the report before the Sub-Committee. Representations had been received from Environmental Health Service and four interested parties. The premises are situated within the West End Ward and fall within the Special Consideration Zone but not in the Cumulative Impact Zone.
Mr Craig Baylis, solicitor acting on behalf of the applicant, outlined the nature of the application sought. He stated that the premises have a licence for core hours, and they are happy to keep the application to core hours apart from Fridays and Saturdays until 01:00 hours, effectively they were seeking an extra hour. Mr Baylis stated that the new restaurant was opened just before Christmas, it is a successful middle Eastern/Mediterranean restaurant, there will be no vertical drinking. The Police have withdrawn their representations. The applicant will not seek to increase the capacity of 175 persons. The premises have operated using a series of Temporary Event Notices which allowed trading for about 14 nights until 01:00 hours without complaints. He confirmed that the existing licence would be surrendered if the new licence was granted.
Mr Ian Watson, Environmental Health Officer, advised the Sub-Committee that there had been a pre-application consultation. He stated that he was satisfied with the suggested capacity and proposed conditions. There are no recorded complaints regarding public nuisance from the premises.
Mr Watson stated that he did historic checks on the premises to ascertain whether there were any complaints. He stated that the holding area can be used as pre and post dining bar and this would assist with dispersal.
Mr Richard Brown, speaking on behalf of local residents stated that he welcomed the reduced hours from 02:00 hours to 01:00 hours. However, they still object to the application because it is beyond core hours. Mr Brown explained that there is concern relating to people leaving this part of the street which is particularly busy.
He stated that the premises have not been opened for that long and so he did not think that noise complaints are that persuasive. The main concern is that the application will add to the cumulative impact on the area. Also, dispersal is an issue, the residents do not know how the applicant will manage dispersal in this area.
In response to Mr Brown’s representation, Mr Baylis stated that people will be encouraged to remain on the premises whilst waiting on taxis.
In response to questions from the Sub-Committee, Mr Ozkara, for the applicant confirmed that last drink order will be around 23:30 hours.
Mr Baylis stated that the applicant would be happy to accept a condition for last entry time of 23:30 or midnight.
In response to questions from the Sub-Committee, Mr Baylis confirmed that the applicant would take the last drink orders by 00:30 hours.
Conclusion
The 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 were mindful of the fact that the Metropolitan Police Service had withdrawn their representations following the agreed conditions with the applicant.
The Sub-Committee had to balance the increase in hours sought on Fridays and Saturdays. The Sub-Committee placed significant weight on the detailed conditions offered by the applicant.
The Committee decided that the applicant had provided valid reasons as to why the granting of the application would 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 Recorded Music (Indoors) Monday to Thursday 09:00 to 23:30 hours Friday to Saturday 09:00 to 01:00 hours Sunday 09:00 to 23:30 hours.
Seasonal Variations: Sundays before Bank Holidays 09:00 to 00:00
2. To grant permission for Late Night Refreshment (Indoors) Monday to Thursday 23:00 to 23:30 hours Friday to Saturday 23:00 to 01:00 hours
Seasonal Variations: Sundays before Bank Holidays 23:00 to 00:00
3. To grant permission for the Sale by Retail of Alcohol (On and Off Sales) Monday to Thursday 10:00 to 23:30 hours Friday to Saturday 10:00 to 01:00 hours Sunday 12:00 to 22:30 hours.
Seasonal Variations: Sundays before Bank Holidays 10:00 to 00:00
4. 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 01:00 hours Sunday 09:00 to 22:30 hours.
Seasonal Variations: Sundays before Bank Holidays 09:00 to 00:00
5. That the Licence is subject to any relevant mandatory conditions.
6. 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. Except for the ground floor holding bar area hatched red
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.
10. Notwithstanding the above condition, 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 until 23:30 hours when the area will become a holding area.
11. The supply of alcohol for consumption on the premises within the holding area shall only be to persons seated.
12. 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.
13. There shall be no sales of hot food or hot drink for consumption 'Off' the premises after 23:00 hours.
14. All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only and shall not be consumed on the premises.
15. There shall be no supply of alcohol for consumption ‘Off’ the premises after 23.00 hours.
16. 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 preceding 31-day period.
17. 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.
18. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS Hologram.
19. The smoking area for patrons shall be restricted to the private terrace shown on the attached plan.
20. 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.
21. Patrons permitted to temporarily leave and then re-enter the premises at ground floor level shall not be permitted to take drinks or glass containers with them.
22. There shall be no smoking on the street immediately outside the premises.
23. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance.
24. There shall be no admittance or re-admittance to the premises after 23:30 hours.
25. 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.
26. After 21.00 hours each day there shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
27. After 21.00 hours 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.
28. 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 regarding crime and disorder
(d) any incidents of disorder
(e) any faults in the CCTV system
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency service
29. 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.
30. External doors shall be kept closed after 23.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
31. Loudspeakers shall not be located in the entrance lobby or outside the premises building, including any external terraces.
32. 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 affected 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.
33. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
34. 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.
35. 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.
36. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
37. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
38. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
39. 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.
40. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
41. 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.
42. 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.
43. With the exception of fresh produce, deliveries to the premises shall only take place between the hours of 07:30 and 12:00 hours (midday) Monday to Saturday and between 09:00 and 12:00 hours Sundays and Bank Holidays.
44. 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.
45. No licensable activities shall take place until the premises have 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.
46. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed:
Ground Floor: 90 persons
Basement: 90 persons
With no more than 175 persons at any one time.
47. The Premises Licence Holder shall facilitate a Dispersal Policy which shall include the following provisions:
(a) staff and door supervisors to control a slow stream of customers and
guests leaving the premises.
(b) staff and door supervisors to encourage guests to leave the area quickly
and quietly.
(c) staff to provide guests with details on transport options and directions
for onward travel.
(d) Notices will be prominently displayed at exits requesting guests to respect the needs of local residents and to leave the area quietly, in a considerate manner, directing them towards Piccadilly.
(e) Staff and security will remain on duty at the premises until 30 minutes after the event ends to assist with the safe dispersal of guests.
(f) Guests will be encouraged to remain inside the premises if waiting for taxis, Ubers or chauffeur cars.
48. A copy of the Premises Dispersal Policy shall be made readily available at the premises for inspection by a Police Officer and/or an authorised officer of the Council.
49. The Premises Licence Holder shall submit a revised plan showing the holding area and the designated smoking area 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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Report 11 Berkeley Street_Redacted, item 5.
PDF 2 MB - Restricted enclosure View the reasons why document 5./2 is restricted
- Restricted enclosure View the reasons why document 5./3 is restricted
- Restricted enclosure View the reasons why document 5./4 is restricted
- Restricted enclosure View the reasons why document 5./5 is restricted