Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street   *  None   ** None	Chotto Matte 26 Paddington Street W1U 5QY	Premises Licence Variation	21/14438/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.5

 

Thursday 17 March 2022

 

Membership:Councillor Murad Gassanly (Chairman) Councillor Jacqui Wilkinson and Councillor Aziz Toki

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Karyn Abbott

 

 

Application for a Variation of a Premises Licence in respect of Chott Matte 26 Paddington Street London W1U 5QY 21/14438/LIPV

 

 

 

                                           FULL DECISION

 

 

 

Premises

 

26 Paddington Street

London W1U 5QY

 

Applicant

 

NZR Limited

 

Cumulative Impact Area

 

None

 

Ward

 

Marylebone High Street

 

Special Consideration Zone

 

None

 

 

The applicant sought to vary the licence as follows:

 

·       Vary the layout in accordance with the appended plans. The changes include:

·       New entrance doors/lobby & cloakroom

·       New enlarged bar counter & hatched lounge

·       Reconfiguration of fixed seating throughout

·       Removal of Private Dining Room licensed area from basement.

 

 

 

The changes shall be subject to the existing works condition.

 

·       Inclusion of off sales of alcohol, subject to the additional conditions:

·       Except for any authorised external seating areas, all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

·       There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

 

Representations received

 

•        Environmental Health Service (Anil Drayan)

•        Local Residents (2)

 

Summary of objections

 

Environmental Health submitted an objection to this variation on the ground of Public Nuisance and Public Safety. There were two Local residents including the managing agents for residents of the flats above the premises who had submitted objections.  The residents had cited the increase of potential for noise from speaker systems and patrons leaving the restaurant as well as the potential for tobacco smoke to drift towards their properties.

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises proposes to operate as a high-end restaurant with an update layout and change in bar area. The Premises have had the benefit of a licence since April 2016.

 

There is a resident count of 124.

 

 

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 RNT(A), applications 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.

 

 

 

 

 

 

 

 

 

 

 

 

SUBMISSIONS AND REASONS

 

 

The Presenting Officer Ms Karyn Abbott introduced the application and advised that the Premises operated as a Japanese restaurant, grill and sushi bar. She confirmed that representations had been received by Environmental Health and one local resident.  She outlined that the Premises were located within the Marylebone High Street Ward.  The premises have had the benefit of a premises licence since April 2016. Additional information was received from the Applicant regarding their Dispersal Policy which was circulated to all parties prior to the hearing.

Mr Thomas speaking on behalf of the Applicant outlined the nature of the variation sought.  He stated that the Applicant had been in contact with local residents over previous months about the proposed changes.  Mr Thomas explained that Mr Zdesar is one of the most successful restaurateurs, he runs multiple high ends and well-known businesses in the area and had done for many years. Mr Thomas explained that the Premises have been altered internally with the bar being moved to the back of the venue to reduce noise from those at the bar and to use the space as a waiting area for people awaiting a private hire vehicle to leave the Premises combined with a revolving door. This would help reduce people waiting outside the venue and creating any noise for the residents above.  He explained that the Applicant had consulted with residents.   Mr Thomas stated that the Applicant had delegated the neighbouring park as the destination for their staff smoking area to ensure this was not taking place outside the premises and directly under the flats of the residents. Mr Thomas also explained that the Applicant did not want to extend their opening hours. Mr Thomas noted that several model conditions from Environmental Health Service had been accepted by the Applicant. The Applicant outlined how they have also taken steps to increase their soundproofing and repositioned their speakers to reduce noise following consultation with residents.

 Mr Anil Drayan for Environmental Health Service confirmed that the Applicant had agreed to their Conditions and that the application was essentially a change of the ‘premises layout’. The revolving door would help to reduce noise and the larger holding area for patrons inside would ensure individuals leaving the premises would not congregate outside whilst waiting for a private hire vehicle.   He stated that the applicant offered soundproofing.   Mr Drayan stated that under the Licence Environmental Health Service could not impose a condition for the sound limiter.  However, a sound limiter would stop the volume going above a pre-determined level.  In response to a question from the Sub-Committee Mr Drayan confirmed there had been positive steps to reduce noise and would offer assistance in installing a sound limiter.

Mr Raafat Amin and Ms Iran Sharifi on behalf of the residents expressed that there had been historic noise management concerns whilst the Premises had been under a different management and explained that staff often smoked outside the venue and the smoke omissions and noise drifted upwards. They stated that they would welcome a sound limiter, but the bar now sat underneath the bedrooms of the properties above the Premises. While they understood the reasons for wanting to move this away from the front doors, this was not without other repercussions. Mr Drayan stated a sound limiter would help to combat any noise regardless of where it was coming from within the premises. Mr Amin and Ms Sharifi acknowledged this and requested for a doorman to be placed outside the premises to which the Applicant confirmed there would be a staff member or doorman present outside. The Applicant advised that staff would never be allowed to smoke before customers, and they are required to smoke at the local park.

In response to the Sub-Committee Mr. Amin stated that the residents do not object to the application for variation, but they wanted conditions which stipulated that there would be no noise nuisance from the Premises. Mr Drayan reiterated the benefit that a sound limiter would have. 

The Applicant stated they had taken everything on board and would continue to address staff smoking outside the premises and would agree for a sound limiter to be installed.

The Council’s Legal Adviser, Ms Vivienne Walker noted that the conditions from Environmental Health Service had been agreed and an Informative in respect of the sound limiter should the Application be granted.

 

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 all parties in attendance during the hearing in its determination of the matter.

 

The Sub-Committee had regard to the fact that the Applicant is an experienced operator and was known for running renowned premises in the area. The Sub-Committee noted that the Applicant had a detailed operational management and dispersal policy whilst interested parties had expressed concern about dispersal, the Sub-Committee considered the applicant’s positive steps to manage patrons leaving would ensure that the licensing objectives were promoted.

 

The Sub-Committee noted that the Applicant had engaged with local residents and have agreed to liaise with them on a regular basis.  

 

The Sub-Committee noted that the Applicant had proposed to instal a sound limiter to ensure that noise would not escape from the premises and disturb residents.

 

The Sub-Committee were mindful of the fact that the Applicant had agreed conditions with Environmental Health Service and Environmental Health Service did not appear to object to the application at the hearing.  The Sub-Committee were of the opinion that the conditions agreed by the Applicant were appropriate and will ensure that the four licensing objectives are promoted

 

The Sub-Committee were grateful to the Applicant for seeking to proactively work with the Environmental Health Service in order to ensure the licensing objectives are promoted.

 

 

 

The Sub-Committee was satisfied that in accordance with the Licensing Act 2003, Home Guidance and on the evidence before it, it was appropriate and proportionate in all the circumstances, to grant the application.

 

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 to vary the layout of the premises in accordance with the plans attached to the Report.  The changes include:

·       New entrance doors/lobby and cloakroom

·       New enlarged bar counter and hatched lounge

·       Reconfiguration of fixed seating

·       Removal of the Private Dining Room licensed area from the basement

 

2.     To grant permission for the Sale by Retail of Alcohol off the Premises.

 

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

 

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

 

 

Conditions consistent with the Operating Schedule

 

9.       The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal. Notwithstanding this condition, alcohol may be supplied and consumed prior to their meal in the ground floor bar area hatched on the plan by up to a maximum of 30 persons at any one-time dining at the premises.

 

10.      The supply of alcohol shall be by waiter/waitress or bar service only.

 

11.      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.

 

12.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 130 persons.

 

13.      There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

 

14.      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.

 

15.      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.

 

16.      There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

 

17.      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.

 

18.      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. 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.

 

19.      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.

 

20.      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.

 

21.      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.

 

22.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

23.     All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

24.      All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

25.     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.

 

26.      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.

 

27.      No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.

 

28.      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.

 

29.      No licensable activities shall take place at the premises until the Licensing Authority are satisfied that the premises are constructed or altered in accordance with the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition will be removed from the Licence.

 

30.      The customer toilet facilities at 26 Paddington Street shall be available at all times to customers from Panetteria at 22 Paddington Street.

 

Conditions imposed by the Committee after a hearing with the agreement of the Applicant

 

31.     Except for any authorised external seating areas, all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

32.     There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

33.     The Licence Holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

34.     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 Westminster City Council.

 

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

 

36.     A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open.  This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

37.     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.

 

INFORMATIVE

 

38.      The Premises Licence Holder has agreed to install a noise limiter at the premises.

 

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

17 March 2022