Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s West End* None**	Micbar Karaoke and Restaurant, Basement, 46 Gerrard Street, W1D 5QH	New Premises Licence	21/10964/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING- SUB-COMMITTEE NO. 3

 

Thursday 31 March 2022 

 

Membership:Councillor Jim Glen (Chairman) Councillor Barbara Arzymanow and Councillor Aziz Toki

 

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson

                            Presenting Officer:       Emanuela Meloyan

                  

Application for a New Premises Licence in respect of Micbar Karaoke & Restaurant Basement 46 Gerrard Street London W1D 5QH 21/10964/LIPN

 

 

                                           FULL DECISION

 

Premises

 

Basement

46 Gerrard Street

London W1D 5QH

 

Applicant

 

Micbar Limited

 

Cumulative Impact Area

 

West End

 

Ward

 

St James’

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to operate as a Karaoke venue and restaurant located in the basement of 46 Gerrard Street. The premises have had the benefit of premises licence since October 2010.

 

There is a resident count of 142.

 

 

 

Representations received

 

•        Environmental Health Service (Anil Drayan).

•        Metropolitan Police (Bryan Lewis) (withdrawn 17/3/22)

•        Licensing Authority (Karyn Abbott).

•        1 local resident.

 

Summary of Objections

 

·       Environmental Health Service expressed concern that the hours requested for the supply of alcohol, late night refreshment and provision of regulated entertainment may undermine the licensing objectives

·       Licensing Authority expressed concern as to how the premises would promote the four licensing objectives.

 

Policy Position

 

Under Policy HRS1, 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 matters identified in Policy HRS1.

 

Under Policy COMB1, applications inside the West End Cumulative Impact Zones

for premises that propose to operate as a ‘combined use premises’ will be

considered on their merits and subject to the matters identified in Policy COMB1.

 

 

SUBMISSIONS AND REASONS

 

Mr Spiegler, Solicitor for the Applicant explained the premises benefits from an existing license and has been recently positively reviewed by renowned food critique Jay Raynor. The application refers to the basement area where the Applicant would like to use this space as a mainly pre-booked karaoke event space, with some alternative events such as dinner parties or birthday parties taking place. The Applicant explained that while they are generally pre-booked, if there were patrons in the restaurant above and the space was available, they would like to accommodate them without pre-booking. Mr Spiegler stated that the premises should not be viewed as a karaoke “bar” but more as a karaoke “venue” and wanted it to be viewed by the Sub-Committee as a restaurant for licensing decisions. He explained pre-prepared food and drinks were available to those in the basement part of the venue that they would like to operate as a karaoke venue.

Mr. Spiegler stated that the basement is already licensed under the current Premises Licence and there is no new licence footprint in the cumulative impact area. The restaurant on the upper floor will operate in the same way. The businesses will trade under different names but will be using the same kitchen facilities.

In response to the Sub-Committee Mr Spiegler explained that although the basement was licensed under the same group of ownership as the other floors in the building but will trade under a different name with a different manager, License Holder and DPS, there will be some management staff that will oversee the management of both premises.

Mr Spiegler explained the premises were karaoke or special event led and were not aiming to solely be a bar. He also explained that they will advertise it as a 4-hour block of slots with customers also expected to order food. When asked about the nature of the multipurpose room, Mr Spiegler stated this was where separate event such as a birthday party could take place.

Mr Drayan, for Environmental Health Service stated that he was satisfied with the application, and he was there to answer any questions of the Sub-Committee. He confirmed that they have not received any complaints about the business, and it was well run.

Ms Abbott for the Licensing Authority made representations given it is within the Cumulative Impact Area (CIA) and that the applicant has applied for outside core hours and that this should be carefully considered. She stated that the Licensing Authority were encouraged with the conditions proposed by the Metropolitan Police including the dispersal policy and the Sub-Committee should be confident that this should not impact the CIA. They were also content with hours until 00:00 despite it being within in the CIA but would prefer the hours being within core hours.

Mr Kerry Simpkin, the Policy Officer, noted that the application was for the basement area only. In response, Mr Spiegler stated that the restaurant will not be completely excluded from the overall functioning of the basement area. Mr Simpkin stated that if granted, this licence would allow the basement to run independently of the restaurant. The Applicant advised that he was happy to accept conditions linking the basement karaoke venue to the restaurant with a limited food provision to be provided by the kitchen until close and to ensure the toilets were available in the restaurant to those in the basement.

Mr Simpkin referred to the “mini bar” in the multi-function room and asked how it would be controlled. In response, Mr Spiegler confirmed that there will be no self-service of alcohol. He explained that in the pre-booked package for the karaoke they do include alcohol but there would be no self-service.

 

Mr Drayan stated that other karaoke bars had been granted later hours within the CIA previously with no issues caused. He stated that the pre-booking nature of the premises helps to reduce the potential for public nuisance and highlighted the difference of this venue to a vertical drinking karaoke night in a pub.

 

The Applicant explained that karaoke is a family event, and they had no large bar area for people to congregate and drink.

 

The Legal Advisor discussed the wording of the licence with the Applicant and the Applicant was happy to accept the changes to make food available in the basement from the restaurant upstairs and to ensure the sanitary facilities upstairs were available to those in the basement karaoke bar.

 

 

 

 

 

 

 

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers, supplementary submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee noted that the Applicant had been operating successfully for years and that the Environmental Health Service was in favour of this New Premises Licence and there were no complaints from the premises.

 

The Sub-Committee noted that representations had initially been made by the Metropolitan Police Service, however, these had been withdrawn following discussions with the Applicant and the Applicant’s agreement to a number of conditions proposed by the Police prior to the hearing.

 

The Sub-Committee noted that the premises would be a valuable addition to the cultural experience in Westminster and that the decision had been balanced to preserve the residential amenity within the Cumulative Impact Area.

 

The Sub-Committee noted the pre-booking nature of the premises and was satisfied that this would help to reduce the potential for public nuisance.

 

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

 

In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee had 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 Film, live music, recorded music and anything of a similar description (Indoors) Monday to Saturday 10:00 to 00:00 hours Sunday 12:00 to 23:30 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.

 

2.     To grant permission for Late Night Refreshment (Indoors) Monday to Saturday 23:00 to 00:30 hours Sunday 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.

 

3.     To grant permission for the Sale by Retail of Alcohol (On Sales) Monday to Saturday 10:00 to 00:00 hours Sunday 10:00 to 23:30 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.

 

4.     To grant permission for the Opening Hours for the Premises Monday to Saturday 10:00 to 00:30 hours Sunday 12:00 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.

 

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.       The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a karaoke venue and restaurant.

 

10.      The supply of alcohol at the premises shall only be to a person:

(a) attending the premises for karaoke entertainment; or

(b) seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

For the purpose of this condition a ‘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.

 

 11.     The supply of alcohol shall be by waiter or waitress service only.

 

 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.      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.

 

14.     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.

 

15.      A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

(a)      The limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b)      The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,

(c)       The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,

(d)      No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and

(e)      No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

16.      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.

 

17.     All windows and 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.

 

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

 

20.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 07.00 hours on the following day.

 

21.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day.

 

22.     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.

 

23.      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 are open.

 

24.      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.

 

25.      The premises licence holder shall ensure that any patrons 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.

 

26.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 50 to be determined by the Environmental Health Consultation Team and this condition to be replaced on the Licence by the Licensing Authority with a condition detailing the capacity so determined.

 

27.      There shall be a minimum of one SIA licensed door supervisor Thursday, Friday and Saturday, between 20:00 until the premises have closed and all customers have left. They shall wear a hi viz yellow tabard or jacket and display their SIA licence at all times. At all other trading times, the requirement for security shall be risk assessed. The risk assessment shall be immediately available for inspection by the Responsible Authorities upon request.

 

28.      There shall be no admittance or re-admittance to the premises after midnight except for patrons permitted to temporarily leave the premises (e.g., to smoke, make a phone call).

 

29.      Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall be limited to (6) persons at any one time.

 

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.      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.

 

32.     There shall be a Personal Licence Holder on duty on the premises after 20:00 hours on Thursday, Friday and Saturday when the premises are authorised to sell alcohol.

 

33.     Licensable activities shall only be provided at the premises at such times that the kitchen on the upper floor is operational and sanitary facilities for the restaurant area are available.

 

 

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

This Decision takes immediate effect.

 

 

Licensing Sub-Committee

31 March 2022