Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * West End   ** None	Baaria 76-78 Charing Cross Road WC2H OBD	New Premises Licence	21/10493/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE No.4

(“The Committee”)

 

Thursday 17 February 2022

          

Membership:           Councillor Karen Scarborough (Chairman)

Councillor Susie Burbridge

Councillor Aicha Less

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Kisi Smith-Charlemagne

                                Presenting Officer:  Kevin Jackaman

                       

Application for a New Premises Licence in respect of Baaria, 76-78 Charing Cross Road London WC2H 0BD - 21/10493/LIPN

 

Present also: Mr Thomas O’Maoileoin Thomas and Thomas, Solicitors (Applicant)

Mr Riccardo Andreotti (Applicant)

Mr Alex Piombino (Applicant)

Mr Anil Drayan Environmental Health Service

Ms Jessica Donovan Licensing Authority 

Mr David Kaner – Covent Garden Community Association

 

Premises

 

76-78 Charing Cross Road London WC2H 0BD 

                                                

Applicant

 

Baaria Leicester Square Ltd

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

None

 

Ward

 

St James’s

 

Summary of Application

 

The Sub-Committee has determined  an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to trade as a café. During consultation the Applicant reduced the hours applied for from 09:00 to 23:30 Monday to Thursday, 09:00 to 00:00 Friday and Saturday and 09:00 to 22:30 Sunday and removed late night refreshment from the application.  The Premises are located within the St James’s ward, in the West End Cumulative Impact Area, but not in a Special Consideration Zone.

 

Activities and Hours applied for

 

Sale by Retail of Alcohol (Off sales)

 

Monday to Sunday 08:00 to 22:00

 

Sale by Retail of Alcohol (On sales)

 

Monday to Sunday 09:00 to 22:00

 

Opening Hours of the Premises

 

Monday to Sunday 08:00 to 22:00

 

Representations Received:

 

·       Reaz Guerra - Metropolitan Police Service (withdrawn)

·       Anil Drayan – Environmental Health Service (EHS)

·       Jessica Donovan - Licensing Authority

·       David Kaner – Covent Garden Community Association (CGCA)

·       13 Local Residents (2 withdrawn)

 

Summary of issues raised by objectors:

 

It was felt that the application would undermine the licensing objectives; in particular  the Prevention of Public Nuisance and impact on the residents immediately above at first floor level with limited sound proofing.  Objectors felt that the application would cause a massive increase in problems with noise, vermin, rubbish and smells.  Objectors were also concerned with queues blocking the north side of the street as a number of residents were already having to alter their route home to avoid the queues caused by Bunsik with their customers and rubbish.

 

There is a resident count of 315.

 

Policy Position:

 

Policies HRS1, CIP1 and RTN1 (B) apply under the City Council’s Statement of Licensing Policy (SLP).

 

 

SUBMISSIONS AND REASONS

 

The Presenting Officer Mr Kevin Jackaman introduced the application to the Sub-Committee, he advised  this was an application by the Applicant Baaria Leicester Square Ltd for a New Premises Licence in respect of 76-78 Charing Cross Road London WC2H 0BD. The Applicant intends to operate the Premises as a cafe and has sought the retail sale of alcohol On and Off the Premises and has amended the layout of the Premises in accordance with the submitted plans.  The Premises are  located within the St James’s ward, in the West End Cumulative Impact Area, but not in a Special Consideration Zone.

 

Mr Thomas O’Maoileoin Solicitor appearing on behalf of the Applicant, addressed the Sub-Committee.  He advised the Applicant intends to operate a small luxury Sicilian café and bakery with a maximum capacity of 60 people. He explained that the Applicant has over 40 years’ experience between them running bars and restaurants.  Mr O’Maoileoin advised that amendments to the application had been made following an on-site meeting with the EHS and on-going dialogue and discussions with the CGCA the Licensing Authority and local residents.

 

Mr O’Maoileoin stated that all the conditions proposed by the Responsible Authorities had been agreed and following dialogue with the CGCA, a set of conditions had also been agreed with them too. Mr O’Maoileoin said that whilst it is noted that the CGCA maintain their representation it is understood that they do so in order to assist the Sub-Committee with any questions, equally this  applied to officers from the EHS. He added that the advice and assistance of both had been very much welcomed by the Applicant.  Mr O’Maoileoin confirmed that the Police had withdrawn their objection as conditions had been agreed.

 

Mr O’Maoileoin advised that following the further dialogue with CGCA and EHS the application has been amended so that only one single licensable activity is now being sought, namely the sale of alcohol, the opening hours were also reduced so that they were now earlier than core hours.  With regards to policy, Mr O’Maoileoin said  that applications inside the West End Cumulative Impact Zone will generally be granted.  He then went onto say  that it was recognised that restaurants, as defined in Policy RTN1 (B) have a low risk of association with crime and disorder and this was perhaps best reflected by the withdrawal of the Police representation to the application.

 

Mr O’Maoileoin said that the Applicant had demonstrated on its individual merits that the licence sought was unlikely to add to cumulative impact in the West End Cumulative Impact Zone and should be granted the revised hours now that they are less than core hours and whilst residents have submitted representations many have withdrawn. Mr O’Maoileoin stated that it was the hope of both the Applicant and the local resident’s association that this matter may have been able to be agreed without the need of a hearing.  Mr O’Maoileoin confirmed that regulated entertainment had not been applied for and all alcohol sales are to comply with the full model restaurant condition MC66.

 

The Sub-Committee sought further clarification regarding the capacity in the basement and how the space would be used and how the Premises would not impact the CIA.  In reply, Mr O’Maoileoin confirmed that there would be a maximum of 20 people in the basement and that the space would not be used for dinning at this time, but it may be used in the future. 

 

Referring to Policy CIP1, Mr O’Maoileoin said that applications for other licensable activities in the Cumulative Impact Areas will be subject to other policies and must demonstrate that they will not add to cumulative impact in the Cumulative Impact Areas.  He commented that the application had been specifically amended with consideration of the location in mind and the operating schedule proposed some 24 conditions designed to promote the Licensing Objectives. Mr O’Maoileoin felt that with all the elements combined the Applicant had demonstrated that the grant of the licence will not add to cumulative impact. He added that the withdrawal of the Police representation should be noted.

 

Mr Alex Piombino of the Applicant addressed the Sub-Committee, he confirmed that the café would deliver affordable luxury, transcending customers into a first-class experience with dynamic lighting, mood orientated sound and infectious energy, He added that their experience-centric environment would adapt to each social setting throughout the day. Mr Piombino stated that the café’ would become known for its enchanting delectables at great value, presented with a touch of Sicilian panache.

 

Mr Riccardo Andreotti of the Applicant addressed the Sub-Committee he advised that the Premises would be a café/delicatessen which would cater for all occasions, serving artisan coffee, specially selected wine on tap, and characterful cocktails carefully crafted and sourced by a seasoned professional.

 

The Sub-Committee sought further clarification on the air extractor system.  Mr Piombino confirmed that their extracting units throughout the Premises circulated the air internally to ensure reduced noise and smells.  He confirmed  that there would be no primary cooking on site, just baking using odour free steam ovens (Unox).

 

Mr Anil Drayan on behalf of the EHS addressed the Sub-Committee. He advised that the main concern for the EHS was regarding the planning class permissions.  He explained that the Premises were using the class E permissions under the planning policy.  He said that the Premises was previously used for retail, prior, to the  application and that the Applicant  would need to submit an acoustics report  outlining whether there would be any internal transfer of noise through the celling to the residents above the Premises.  Mr Drayan stated that the Applicant would have previously supplied a full height ventilation plan and that he needed to view the Unox system before it could be signed off and this would be part of the works condition.  Mr Drayan confirmed that he was happy with the acoustic report submitted by the Applicant and with the application.

 

Ms Jessica Donovan appearing on behalf of the Licensing Authority addressed the Sub-Committee. She advised that the Licensing Authority maintained their objection as the Premises was within the CIA and the application should be considered under Policies CIP1, HRS1 and RNT1. She said that the amendments to the application were welcomed by reducing the terminal hours of the application to within core hours and the agreement of conditions with the responsible authorities and interested parties and incorporating model condition 66. Ms Donovan said that it was down to the Sub-Committee to be satisfied whether the Applicant has demonstrated that the Premises would not add to the CIA.

 

Mr David Kaner of the CGCA addressed the Sub-Committee, he confirmed that the CGCA had agreed conditions with the Applicant and held discussions with some of the residents.  Mr Kaner stated that the representations were made earlier based on the original application and on the back of another premises ‘Bunsik’ which was not licensed as it did not sell alcohol but had been quite disruptive to residents. He said that if all the residents had withdrawn, then the CGCA would have also withdrawn, but he was present to support the Sub-Committee with any questions. 

 

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 the application. There is no presumption to refuse the application but the Applicant must demonstrate that Policies CD1, PS1, PN1 and CH1 are met and will not be adversely affected.

 

The Sub-Committee was satisfied that the Premises would operate first and foremost as a café that would be food and not alcohol led and this was indicative of the conditions that were agreed particularly the restaurant condition MC66.

 

The Sub-Committee welcomed that the Applicant had reduced the application to less than core hours and had withdrawn late night-refreshment as a licensable activity so it was just now the sale of alcohol to be sold at the Premises. This demonstrated to the Sub-Committee that the Applicant was prepared to listen and engage effectively with the Responsible Authorities, local residents and the CGCA when looking at the specifics of the application and when considering in the wider context the likely effect the application would have on the West End Cumulative Impact Zone.

 

The Sub-Committee took comfort from the fact that the Police who originally objected to the application had withdrawn after agreeing conditions. Accordingly, the Sub-Committee was satisfied when looking at issues of crime and disorder in the area that that the conditions it has now imposed on the Premises Licence relating to CCTV, a Challenge 25 Policy, the requirement to have an incident log, a restriction on the strength of alcohol to be sold, that off sales of alcohol to be sealed containers and that 15% of the floor space shall be dedicated to the display of alcohol are all measures that will in turn help promote the crime and disorder licensing objective.

 

Similarly, conditions have been imposed which deal with noise and other instances of nuisance highlighted in the representations and these are specified below as conditions 8, 10, 11, 12, 17, 18, 20, 21, 25, 25 and 27. Again, the Sub-Committee considers these measures will help promote the public nuisance licensing objective.

 

The Sub-Committee concluded that the conditions it had imposed on the Premises Licence would mitigate the concerns raised by residents and have the overall effect of promoting the licensing objectives in addition to reducing the overall impact the application would have on the West End Cumulative Impact Zone. 

 

The Sub-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 the individual circumstances of this case and the promotion of the four licensing objectives:

 

1.        To grant permission for the Sale by Retail of Alcohol (On Sales) Monday to Sunday 09:00 to 22:00. There are no seasonal variations.

 

2.        To grant permission for the Sale by Retail of Alcohol (Off Sales) Monday to Sunday 08:00 to 22:00. There are no seasonal variations.

 

3.        To grant permission for the Opening Hours the Premises are open to the Public Monday to Sunday 08:00 to 22:00. There are no seasonal variations.

 

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

 

5.        That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a licensing hearing

6.        (a) 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.
(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.

7.        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.

8.        No noise generated on the premises, or by any of 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.

9.        Sales of alcohol for consumption off the premises shall only be (a) in sealed containers, and shall not be consumed on the premises or (b) consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and bona fide taking a substantial table meal there, and where the consumption of alcohol by such persons is ancillary to taking such a meal, and where the supply of alcohol is by waiter or waitress service only.

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.

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

11.           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.

12.           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.

13.           Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

14.           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 and cans.

15.           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.

16.      Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

17.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

18.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 20.00 hours and 08.00 hours on the following day.

19.      The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 40 persons on the ground floor and 60 in total.

20.      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.

21.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 20.00 and 08.00 hours on the following day.

22.      A Challenge 21 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.

23.      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.

24.      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.

25.      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.

26.      Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

27.      No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day.

28.      Any tables and chairs placed immediately outside the premises shall be removed or rendered unusable by 21.00 hours.

29.      The premises shall only operate as a restaurant,
(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) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(v) 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.

 

30.      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.

 

31.      The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway

 

 

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

 

The Licensing Sub-Committee

17 February 2022