Agenda item
50-52 Baker Street, W1U 7BT
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6
(“The Committee”)
Thursday 7th April 2022
Membership: Councillor Murad Gassanly (Chairman)
Councillor Susie Burbridge and Councillor Maggie Carman
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Roxsana Haq
Present: Mr Leo Charalambides, Counsel for the Applicant.
Peter Conisbee, PC Licensing
Ruben Hoque, on behalf of Pinq Limited
Maxwell Koduah, Environmental Health Officer
Richard Brown, Citizens Advice Westminster, representing Guy Austin
Guy Austin, Marylebone Association
Application for a New Premises Licence in respect of Pinq, 50-52 Baker Street, London W1U 7BT – 22/01042/LIPN
FULL DECISION
Premises
Pinq,
50-52 Baker Street,
London
W1U 7BT
Applicant
Pinq Limited
Cumulative Impact Area
No
Ward
Marylebone High Street
Licensable Activities and Hours applied for
Recorded Music (Indoors), Live Music (Indoors) and Late-Night Refreshment (Both)
Monday to Saturday 23.00 – 05.00
Sundays 23.00 to 03.00 hours.
Non-standard timings
On Sunday before Bank Holidays 23.00 until 05.00 hours.
Opening Hours of the Premises:
Monday to Saturday 12.00 – 05.00
Sundays 12.00 to 03.00 hours.
Non-standard timings
On Sunday before Bank Holidays 23.00 until 05.00 hours.
Representations Received
· Environmental Health Service (Maxwell Koduah)
· Metropolitan Police (Withdrawn)
· Cllr Karen Scarborough, Marylebone High Street Councillor
· Guy Austin Marylebone Association
Summary of Objections
The Environmental Health Services state:
Regulated entertainment is likely to cause a public nuisance.
The provision of LNR and the hours is likely to increase public nuisance and affect public safety in the area.
Cllr Karen Scarborough states:
The application will not promote the licensing objective, namely prevention of public nuisance, crime and disorder and children from harm. This is not conducive with a residential area and there is no explanation how the premises will operate.
Guy Austin States:
The Marylebone Association has concerns about the late hours requested for trading including live and recorded music. There is a large capacity which may cause dispersal issues. There is a possibility of selling the premises with late trading hours.
Summary of Application
“The premises is to be a high-class restaurant where diners will be treated to occasional live music to compliment the ambient relaxed setting. The application has been completed for a traditional restaurant serving food and drink, there will be no service of alcohol at the premises.”
The Premises is located within Marylebone High Street Ward and is not in a CIZ or SCZ.
There is a resident count of 99.
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.
RNT1
· 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 operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The application and operation of the venue meeting the definition of a restaurant
DECISION AND REASONS
Roxsana Haq, Presenting Officer, summarised the application set out in the report before the Sub-Committee. She explained that the application was for a new premises licence for a premises situated within the Marylebone Ward and which does not fall within an area of CIZ or SCZ.
Mr Charalambides for the applicant presented the application to the Sub-Committee which has been discussed with both Environmental Health and the Police as a result, they have proposed and agreed several conditions.
Counsel submitted that this is an important application as it is concerned with the diversification of use in the night-time economy and promotes the diversification and inclusion of customers.
It is to be a late-night venue which is well managed, fully seated, well lit, food led and alcohol free. Counsel confirmed, on behalf of the applicant, that they are happy to agree a condition that the premises is to be alcohol free.
The premises will operate using a substantial kitchen area to provide an International brasserie offering, which ranges from pastas to grill and also bringing a wide cheesecake offering to the UK. The layout includes a long counter of cheesecake fridges instead of having a bar. Juices and Botanicals will also be provided.
The Sub-Committee were informed that the applicants are proposing a membership scheme for the late evenings and have already had sufficient interest in respect of people willing to pay a premium for membership.
Conditions agreed prevents 3rd party delivery services, provides for a capacity, door supervisor presence and a capacity restriction on the smoking area.
The Membership facility is to be externally managed and will be a 3 months, payment up front membership
Mr Koduah, Environmental Health Officer, advised the Sub-Committee that he has had extensive discussions with the applicant, and these have been captured on pages 51-57 of the bundle.
His concerns are primarily public nuisance risks and the hours being sought.
Mr Brown, on behalf of Marylebone Association informed the Members that there are concerns about the terminal hour of 5am. There would be no objections to core hours, as this is a niche application focusing on desserts, which is welcomed.
Mr Brown reminded the Sub-Committee that they are licensing the premises itself and not the applicant. The Association are intrigued by the membership concept and would like to know how this would work and whether the public can approach the premises at say 2am, request to be a member and be granted it immediately.
Mr Brown identified that at pages 53/54 of the report, there is a letter which sets out additional conditions, however these conditions are not all in appendix D of the bundle. The Association would welcome these conditions on the Premises Licence.
Mr Austin added that there were concerns about the nature of the neighbourhood and questioned whether shisha would be used here?
He identified to the Members that a number of customers coming from further afield, would not have access to public transport that late, so this may increase cars and taxis in the area.
Mr Austin stated that a majority of premises in the area operated to core hours and this premises would be different.
Further oral comments and comments contained in the written objection from Mr Austin resulted in the Chairman reaffirming, in no uncertain terms, that as a Local Authority, Westminster City Council supports and complies with the provisions under section 149 of the Equalities Act 2010 detailed on page 48 of the Agenda bundle.
The Members informed the applicant that they had serious reservations about the lateness of the hours which had been applied for. As a result of further questions from the Sub-Committee, Counsel for the applicant stated that membership can be obtained online. Customer’s name and address would be noted and there would be some vetting process. Customers will have to prebook and pay 3 months for their membership in advance (£199 a month).
There is an extensive kitchen, and customers can decide whether they are wanting a full meal or some cheesecake. There will be a full menu food offering.
Counsel confirmed through, Mr Conisbee, to the Members that there is outside seating for a maximum of about 12 patrons.
The Sub-Committee expressed their concerns about the potential for noise nuisance from this late-night venue and asked whether the operator would consider earlier terminal hours. This would give the premises a chance to operate for a period and if there were no issues, the applicant would be at liberty to return with an application to vary the premises licence to later hours, with suitable evidence. Mr Charalambides agreed that a terminal hour of 03.00 Mondays to Saturday and 02.00 on Sundays would be acceptable.
The Legal Advisor questioned whether regulated live and recorded music was required after 23.00, as the applicant would be playing background music. Counsel agreed to withdraw the application for live and recorded music.
In summary Mr Brown, had reservations about customers walking in off the street, the possible ease of obtaining a membership and he further suggested a minimum membership fee. He confirmed to the Members that a reduction in hours is sensible, but core hours are better.
Mr Charalambides highlighted to the Sub-Committee of the principles under Chapter 14 and para 2.21 of the Government Guidance and sec 149(6) of the Equality Act 2010.
Conclusion
The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the relevant information in the committee papers and the relevant oral evidence given by all parties 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 it, it was appropriate and proportionate, in all the circumstances, to GRANT the application in part.
In reaching its decision, the Sub-Committee took into consideration the evidence, the applicant’s agreement to reduce the terminal times of licensable activities and closing, the withdrawal of the application for live and recorded music and conditions agreed during the hearing.
The Sub-Committee was also of the opinion that the conditions imposed on the premises licence were proportionate and appropriate and would ensure that the four licensing objectives were promoted.
The Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives, to permit: -
1. Late-Night Refreshment (Both)
Monday to Saturday 23.00 – 03.00
Sundays 23.00 to 02.00 hours.
Non-standard timings
On Sunday before Bank Holidays/Public Holidays 23.00 until 03.00 hours.
2. Opening Hours of the Premises:
Monday to Saturday 12.00 – 03.00
Sundays 12.00 to 02.00 hours.
Non-standard timings
On Sunday before Bank Holidays/Public Holidays 23.00 until 03.00 hours.
3. That the Premises Licence is subject to any relevant mandatory conditions.
4. 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
Conditions consistent with the operating schedule
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 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 orauthorised 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 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.
11. An incident log shall be kept at the premises, and made available on request to anauthorised officer of the Council or the Police, which 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. any faults in the CCTV system
f. any visit by a relevant authority or emergency service.
12. A supply of first aid equipment and materials must be available on the premises at all times.
13. Customers will be actively discouraged by staff from gathering outside the premises
14. Staff shall carryout regular checks to monitor customer behaviour and to ensure there is no outbreak of noise from the premises.
15. Notices shall be prominently displayed at the exit requesting patrons to respect the needs of local residents and businesses and leave the area quietly
16. During licensable hours there will always be a minimum of two members of staff present.
17. Staff will be trained to identify signs of intoxication, suspicious or aggressive behaviour and how to appropriately deal with such customers so as to provide adequate care and minimise risk.
18. There will be no takeaway service of food for immediate consumption – all food taken away is to be closed/wrapped up.
19. No noise generated on the premises, or by its associated plant of equipment, shall emanate from the premises nor by vibration be transmitted through the structure of the premises which gives rise to a nuisance.
20. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
21. No deliveries to the premises shall take place between 2100 hours and 0800 hours the following day
22. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified.
23. The edges of the treads of steps and stairways shall be maintained so as to be
Conspicuous
24. No fumes, steam or odours shall be omitted 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
25. In the event that a serious assault is committed on the premises (or appears to have been committed) the management will immediately ensure that:
• The police (and, where appropriate, the London Ambulance Service) are
called without delay;
• All measures that are reasonably practicable are taken to apprehend any
suspects pending he arrival of the police;
• The crime scene is preserved so as to enable a full forensic investigation
to be carried out by he police; and
• Such other measures are taken (as appropriate) to fully protect the safety
of all persons present on the premises.
26. The licensee will provide adequate bins for use by customers and encourage their use.
27. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between the hours of 22:00 and 08:00
28. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection time
29. 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
Conditions proposed by the Environmental Health Service and agreed with the applicant so as to form part of the operating schedule.
30. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as an alcohol-free restaurant and alcohol-free cheesecake café.
31. No deliveries from the premises, either by the licensee or a third party shall take place between 21:00 and 08:00 hours on the following day
32. 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
33. The licence holder shall ensure that there is no queuing outside the premises from 23:00 to closing time.
34. All outside tables and chairs shall be rendered unusable by 23.00 hours each day.
35. All windows and external doors shall be kept closed after 23:00 hours
except for the immediate access and egress of persons.
Conditions proposed by the Metropolitan Police Service and agreed with the applicant so as to form part of the operating schedule.
36. A minimum of 2 SIA licensed door supervisors shall be on duty from 2200 hours on Sunday to Thursday and 2100 hours on Friday, Saturday and days preceding a bank holiday until 15 minutes after the premises closes. Whilst on duty they must correctly display their SIA licence(s) when on duty so as to be visible.
37. 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 and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.
Applicants’ conditions agreed by letter in the Agenda and at the hearing
38. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 140 persons.
39.From midnight to closing, the premises will operate refreshment for consumption on the premises only.
40.Entry to the premises after midnight will be strictly for members only.
A list of the names and addresses of members shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members. Both the list and the book shall beproduced on demand for inspection by the police or an authorised officer of the council.
41. From 2300 hours, patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, will be limited to 8 persons at any one time.
42. Deliveries to the premises shall not take place on Baker Street.
43. 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.
This is the Full Decision reached by the Licensing Sub-Committee.
This Decision takes immediate effect.
The Licensing Sub-Committee
7th April 2022.
Supporting documents:
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50 - 52 Baker Street_Report_Redacted, item 2.
PDF 653 KB - Restricted enclosure View the reasons why document 2./2 is restricted