Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End None* None **	38 Burton Place, W1J 6NX	New Premises Licence	21/11580/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

 

Thursday 16^th February 2022

 

Membership:           Councillor Karen Scarborough (Chair), Councillor Barbara Arzymanow and Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Karyn Abbott

 

Applicant:                Alun Thomas (Solicitor) representing the Applicant, Lahiru Jayasekara, of Tila Brunton Deli Ltd

 

 

Application for a New Premises Licence for 38 Bruton Place, London W1J 6NX - Ref No. 21/11580/LIPN

 

 

Full Decision

 

Premises

38 Bruton Place,

London

W1J 6NX

 

Ward

 

West End

 

Summary of Application

 

The Sub-Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises is to operate as a delicatessen selling alcohol for consumption off the premises.

 

Applicant

 

Tila Brunton Deli Limited

 

Cumulative Impact Area?

 

N/A

 

 

 

 

 

Licensable Activities and Hours applied for

 

Sale of Alcohol ‘Off’ the premises

 

Monday to Saturday 08.00 to 21.00 hours and

Sundays 09.00 to 21.00 hours.

 

 

Opening Hours of the Premises:

 

Monday to Saturday 08.00 to 21.00 hours and

Sundays 09.00 to 21.00 hours.

 

Representations Received

 

·       Metropolitan Police (Withdrawn)

·       Mr C Holder – Local Resident, Represented by PowerHaus Consultancy ( Withdrawn)

·       Robert Fowlds - Local Resident

 

Summary of Objections

 

Grant of the application will cause increased noise and congestion in an area which already suffers from traffic and noise pollution and the sale of alcohol will attract consumers who would be a threat to public safety.

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Premises proposes to operate as a delicatessen selling alcohol for consumption off the premises. The premises is over a ground floor.

 

The Premises is located within West End Ward. It is not located within the Cumulative Impact or Special Consideration Zones.

 

There is a resident count of 125.

 

Policy Considerations

 

HRS1

 

·       Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.  Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

SHP1

 

·       Applications for a shop outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1 and the hours for licensable activities are within the council’s Core Hours Policy HRS1.

 

·       The application and operation of the venue should also meet the definition, of a shop in Clause C, namely:

 

1. A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment.

2. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the premises unless that primary use is to sell alcohol for consumption off the premises, e.g. a traditional off licence.

 

 

DECISION AND REASONS

 

Karyn Abbott, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  She explained that the application was for a new Premises Licence which sought to permit the sale of alcohol for consumption off the Premises. She further advised that additional submissions had been received from the Applicant which had been circulated to all the relevant parties.

 

Mr Thomas, Solicitor for the Applicant outlined the application and explained the planning had been granted last week. He directed the Sub Committee to his written summary of the proposals.

 

Mr Jayasekara, the Applicant gave a history of his career as a chef and advised the Sub Committee that he would have deliveries daily by way of an electric vehicle. He will operate as a deli, selling food and alcohol for consumption of the premises. He intends to trade with minimal impact on the environment. In response to questions from the Members, Mr Jayasekara confirmed that there would be no seating and that he would trade with 3 to 4 additional members of staff.

 

Mr Thomas highlighted that there were no outstanding objections from the Authorities, as conditions had been agreed.

 

 

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given during the hearing in its determination of the matter.

 

The Sub-Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Licensing Policy and on the evidence before them, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

In reaching its decision, the Sub-Committee took into consideration the evidence and conditions agreed during the hearing. 

 

The Sub-Committee was also of the opinion that the conditions to be imposed on the premises licence 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 of the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.              To grant permission for the Sale of Alcohol (for consumption off the premises)

 

Monday to Saturday 08.00 to 21.00 hours and

Sundays 09.00 to 21.00 hours.

 

2.              To grant permission for the Opening Hours of the Premises:

 

Monday to Saturday 08.00 to 21.00 hours and

Sundays 09.00 to 21.00 hours.

 

3.              That the Licence is subject to any relevant mandatory conditions.

 

4.              That the Licence is subject to the following additional conditions which are considered appropriate and proportionate to promote the licensing objectives.

 

5.              To delete proposed condition 15 detailed at page 9 of the Additional Information Pack.

 

 

Conditions imposed by the Committee after a hearing

 

1. 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.

 

2. 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.

 

3. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

4. 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.

 

5. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

 

6. No more than (15)% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

7. There shall be no self-service of spirits on the Premises, save for spirit mixtures less than 5.5% ABV.

 

8. There shall be no food delivery service operated from the Premises, ancillary or otherwise.

 

9. No collections of waste or recycling materials (including bottles) from the premises shall take place between (18:00) and (10:00) on the following day Monday to Friday or at any time on a Saturday or Sunday.

 

10. No deliveries to the premises shall take place between (16:00) and (10:00) on the following day Monday to Saturday or at any time on a Sunday.

 

11. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

 

12. All key members of staff responsible for selling alcohol shall be trained on the hours the premises are permitted to sell alcohol to ensure no sales can take place outside the permitted hours.

 

13. Customers shall not be permitted within the Premises between the hours of 21:00 and 08:00 daily.

 

14. Loudspeakers shall not be permitted at the Premises.

 

15. 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.

 

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

 

This is the Full Decision reached by the Licensing Sub-Committee. 

This Decision takes immediate effect.

 

16^th February 2022.