Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s None* West End Buffer**	Americana, Basement and Ground Floor, 11-12 Haymarket, SW1V 4BP	New Premises Licence	21/14563/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

(WESTMINSTER CITY COUNCIL LICENSISNG 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 Americana Basement and Ground Floor 11-12 Haymarket London SW1Y 4BP 21/14563/LIPN

 

 

 

                                              FULL DECISION

 

Premises

 

Basement and Ground Floor

11-12 Haymarket

London

SW1Y 4BP

 

Applicant

 

Curzon and Haymarket Limited

 

Cumulative Impact Area

 

None

 

Ward

 

St James’s

 

Special Consideration Zone

 

West End Buffer

 

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 restaurant within the West End Buffer Special Consideration Zone.

 

There is a resident count of 22.

 

 

 

Representations received

 

•        Environmental Health Service (Dave Nevitt).

•        Metropolitan Police Service (PC Adam Deweltz).

 

 

Summary of Objections

 

·       The Metropolitan Police Service objected to the application on the grounds that the premises are situated within the West End Buffer Special Consideration Zone, and they believed if granted, the application could undermine the Licensing Objectives in relation to the Prevention of Crime and Disorder.

 

·       Environmental Health Service objected to the application on the grounds the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.

 

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 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.

 

Under Policy SCZ1, 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. 

 

 

 

SUBMISSIONS AND REASONS

 

 

Ms Emanuela Meloyan, Senior Licensing Officer, summarised the application as set out in the report before the Sub-Committee.  She explained that the application was for a new Premises Licence to operate as a restaurant.

 

Mr James Rankin, Counsel for the Applicant outlined the application.  He explained that the premises were already licensed under the previous tenants, but the licence was tied to them. If they did not surrender over their licence, the Applicant could be in a situation where they were suddenly without a licence.  The Applicant wanted a licence in their own right.

 

Mr Rankin explained that the Applicant were not seeking any change in hours but wanted to create an upstate American Bar to service the large United States community in London.   He stated that these hours were not different from the previous business in their venue, and this would have limited impact on the Special Consideration Zone.  The venue is seeking to offer sports, and this was not a place for general vertical drinking but a destination venue. Mr Rankin advised that there would likely be a reduction between 20 to 30 % in the capacity of the venue compared to the previous tenants due to the layout proposed.  He explained the Applicant were seeking to have the hours of 11:00 - 21:00 licensed to serve alcohol without food and a small area for approximately 8 people to vertically drink prior to eating.  The Applicant also wished to hold private events mainly for charity fundraising as the owner, Mr Less, had many charitable ventures.

 

In response to the Sub-Committee Mr Rankin stated that there is a dispersal policy in place and that the area had good transport links with a very low resident count.

He confirmed that the dispersal policy had been sent to the Metropolitan Police and they are satisfied with the document.

 

Mr Rankin advised the Sub-Committee that the Applicant have a large number of on-site staff and phone charging is available for patrons. 

 

Mr Rankin explained to the Sub-Committee that the off sales are within their demise, but that they are not wanting off sales in terms of outside seating on the premises but would like to be able to have this as part of their delivery option which is ancillary to food that are pre-ordered.

 

In response to the Sub-Committee Mr Rankin explained that sports were largely seasonal for live matches and certain sports are played on certain days. The core idea of the premises is to become a restaurant and no British football or European football will be shown.  Mr Rankin confirmed this would likely be a well-attended night and would be shown in the restaurant.  The events would either be a closed events or ticketed.  He explained that these American sports games are generally watched seated, not standing.

 

PC Guerra, representing the Metropolitan Police Service advised that the Police had maintained their representation because the application is within the West End Buffer Special Consideration Zone.  In response to the Sub-Committee PC Guerra stated that there are general concerns about crime rates.  He advised that from recent analysis, the peak times for offences such as thefts and robberies are mid-night to 04:00 hours and there is always the potential that people leaving the premises will have to go through the area to get public transport or venture into the area to continue their night.

 

Mr Dave Nevitt on behalf of Environmental Health Service advised the Sub-Committee that there was a pre-application discussion with the Applicant, and they had agreed some detailed conditions.  He stated that Environmental Health Service concerns were focused on the dispersal policy, the outside area with drinking usually terminated at 23:00 hours and the noise pollution that may be caused by outside patrons.  He stated that US sporting events are not the same as British or European sporting events and are seen as less alcohol focused and often watched over food.

 

In response to the Sub-Committee Mr Nevitt stated that there was an overall reduction in capacity and once the works are cleared Environmental Health Service would look at the capacity.

 

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers, 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 had regard to the fact that the Applicant is an experienced operator. The Sub-Committee were mindful that the hours sought were in line with the existing licence.

 

The Sub-Committee noted that the Applicant had agreed to the conditions proposed by Environmental Health Service, and they had a detailed dispersal policy which the Police had accepted.

 

The Sub-Committee noted that the screening of  American Sports by the Applicant was very interesting and would be a positive addition to the West End.

 

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 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 Late Night Refreshment (Indoors and Outdoors) Monday to Tuesday 23:00 to 01:00 hours Wednesday to Sunday 23:00 to 03:00 hours.

 

Seasonal Variations:  On the morning that Greenwich Mean time changes to British Summer Time, one hour shall be added to the terminal hour of any activities and to the closing time where the existing terminal or closing hour for activities for the premises ends after 01:00 hours.

 

From the end of hours permitted on New Year’s Eve to the start of the permitted hours on New Year’s Day.

 

2.     To grant permission for the Sale by Retail of alcohol (On and Off Sales) Monday to Tuesday 10:00 to 01:00 hours Wednesday to Saturday 10:00 to 03:00 hours Sunday 12:00 to 03:00 hours.

 

Seasonal Variations:  On the morning that Greenwich Mean time changes to British Summer Time, one hour shall be added to the terminal hour of any activities and to the closing time where the existing terminal or closing hour for activities for the premises ends after 01:00 hours.

 

From the end of hours permitted on New Year’s Eve to the start of the permitted hours on New Year’s Day.

 

3.     To grant permission for the Opening Hours for the Premises Monday to Sunday 00:00 to 00:00 hours.

 

Seasonal Variations: None

 

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

 

5.     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 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.

 

10.      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.

 

11.      There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

12.      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.

 

13.      Loudspeakers shall not be located in the entrance and exit of the premises or outside the building.

 

14.      All windows and external doors shall be kept closed after 00.00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

15.      There shall be no sales of alcohol for consumption off the premises after 00.00 hours.

 

16.      All sales of alcohol for consumption off the premises shall be in sealed containers only and ancillary to the delivery of take away meals to a bona fide address and shall not be consumed on the premises.

                      

17.      Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

 

18.      All outside tables and chairs shall be rendered unusable by 00.00 hours each day.

 

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

 

20.      Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

21.      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.

 

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

 

23.      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.

 

24.      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.

 

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

 

·       Mezzanine

·       Rear Room

·       Front room

·       Outdoor Seating (to be determined by Environmental Health Consultation Team upon completion of the works).

 

26.     The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal save for the areas marked rear room on the ground floor colour washed blue and the area marked mezzanine on the deposited plan colour washed blue between the hours of 11.00 and 21.00 on any day and subject to condition 27.

 

27.      Notwithstanding condition 26 alcohol may be supplied and consumed prior to their meal at any time in the bar area hatched green on the plan, by up to a maximum at any one time, of 8 persons dining at the premises.

 

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

 

29.      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.

 

30.      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.

 

31.      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.

 

32.      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.

 

33.      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

 

34.      There shall be no sales of hot food or hot drink for consumption off the premises after 00.00 hours.

 

35.      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.

 

36.      The premises may remain open for the sale of alcohol and the provision of late-night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

37.     On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00 hours.

 

38.     The sale and supply of alcohol shall be restricted to alcohol consumed by persons who are seated.

 

39.      Staff will receive training in terrorism awareness and procedures adopted by the premises licence holder in the event of a terrorist attack at or in the immediate vicinity of the premises. Such training will be recorded and updated in line with best practice and a copy of the training will be made available to the Metropolitan Police on request. The premises licence holder?shall?ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package?or?can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months.

 

40.      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.

 

41.     A minimum of 1 SIA licensed door supervisor shall be on duty at the premises from 22:00 hours Wednesday to Sunday.  The requirement for door staff shall be risk assessed on Mondays and Tuesdays. The door supervisor will assist in the dispersal of patrons, and they must correctly display their SIA licence when on duty.

 

42.     On Wednesday through to Sunday, there shall be a last entry time of 01:30 hours.

 

43.      Notwithstanding condition 26 the sale, supply and consumption of alcohol as an ancillary to persons taking a substantial table meal shall not apply to persons who are attending a bona fide, private, pre-booked function to which members of the public are not admitted in the area marked ‘rear room’ on the ground floor colour washed blue and the area marked mezzanine and colour washed blue on the deposited plan.

          

44.     Notwithstanding Condition 38 the sale and supply of alcohol for consumption whilst seated shall not apply to persons who are attending a bona fide, private, pre-booked function to which members of the public are not admitted in the area marked ‘rear room’ on the ground floor colour washed blue and the area marked mezzanine and colour washed blue on the deposited plan.

 

 

INFORMATIVE

 

45.      The Premises Licence Holder has agreed to surrender Licence Number 19/11470/LIPCH should it become available.

 

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

This Decision takes immediate effect.

 

 

 

Licensing Sub-Committee

31 March 2022