Agenda item
Mr Dicky, Ground Floor, 10-11 Moor Street, W1D 5NE
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: Karyn Abbott
Present: Craig Baylis, Kingsly Napley on behalf of the Applicant
Claudia Mangano on behalf of Vacaros Enterprise Ltd the Applicant
David Nevitt on behalf of the Environmental Health Services
Roxsana Haq on behalf of the Licensing Authority
Richard Brown, Citizen Advice Westminster on behalf of Eric Babak and Neil Drinkwater.
Application for a New Premises Licence in respect of Mr Dicky, Ground Floor, 10-11 Moor Street, London W1D 5NE – 22/00868/LIPN
FULL DECISION
Premises
Mr Dicky,
Ground Floor,
10-11 Moor Street,
London
W1D 5NE
Applicant
Vacaros Enterprise Ltd
Cumulative Impact Area
West End
Ward
West End
Licensable Activities and Hours applied for
Late-Night Refreshment (Indoors)
Monday to Thursday 23.00 – 23.30
Friday and Saturday 23.00 – 00.00
Sale of Alcohol (Both):
Monday to Thursday 10.00 – 23.30
Friday and Saturday 10.00 – 00.00
Sundays 12.00 – 22.30
Opening Hours of the Premises:
Monday to Thursday 07.00 – 23.30
Friday and Saturday 07.00 – 00.00
Sundays 09.00 – 22.30
Representations Received
· Licensing Authority (Jessica Donavan)
· Environmental Health Service (Anil Drayan)
· 2 Residents
· 1 Resident (Withdrawn)
Summary of Objections
Licensing Authority state:
The premises is located in a CIZ and therefore policies CIP1, HRS1 and RNT1 is to be considered.
Environmental Health Services states:
The provision of late-night refreshment and the supply of alcohol may have an effect on increasing public nuisance.
Residents states:
The residents are concerned about smokers, dispersal of customers and music from inside the premises. The opening hours will encourage nuisance and drunkenness.
Summary of Application
“The premises is to operate as a small restaurant.”
The Premises is located within the West End Ward and is in West End CIZ.
There is a resident count of 82.
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 inside the West End Cumulative Impact Zone will generally be granted subject to:
The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
The hours for licensable activities are within the council’s Core Hours Policy HRS1.
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.
The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
The application and operation of the venue meeting the definition of a restaurant
CIP1
· It is the Licensing Authority’s policy to refuse applications within the West
· End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
· Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
· For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
DECISION AND REASONS
Karyn Abbott, Presenting Officer, summarised the application set out in the report before the Sub-Committee. She explained this is an application for a new premises licence. During the consultation period, late-night refreshment was reduced on Thursdays to 22:30. The premises are situated within the West End Ward and falls within the West End cumulative Impact Zone.
Mr Baylis, solicitor for the applicant presented the application. He informed the Sub-Committee that this is an application for a core hour, 25 seated, small restaurant where there is no primary cooking or music. One resident, who lives next door has since consultation, withdrawn their objection.
The applicant already runs a small takeaway food restaurant in Milan. At the moment the site in Soho is costing £6,000 a month in rent and is currently waiting on an alcohol licence to trade. She wants to open a restaurant where people can also have an alcoholic drink.
Claudia confirmed to the Sub-Committee that the premises is to open as an Italian restaurant with alcohol to be served with food.
The Sub-Committee were informed by Mr Baylis that the applicant had Agreed all conditions with EHO, there will be no primary cooking, as there is no kitchen. Food will be prepared offsite.
Mr Nevitt confirmed to the Members that the site is a small ground floor premises. There is only one toilet facility, so 25 people would be the maximum number which could be accommodated.
He continued to advise that there is a possibility of a couple of outside tables and this will be operated by way of off-sales ancillary to food (MC66).
The premises was a Barber shop (Class A1) which has now changed to a Class E use.
The Environmental Health Authority are satisfied that there will be no issue with plant noise or cooking smells and have agreed a number of conditions including a works condition.
Ms Haq, Licensing Authority stated to the Sub-Committee that the applicant has agreed a number of conditions including MC66. It is within core hours. The LA are only really concerned whether the applicant has provided enough evidence to show how the premises will not add to the cumulative impact effect in the area.
Mr Brown informed the Sub-Committee that he is representing 2 residents who live in an area. This premises used to be a Barber shop and now is becoming a restaurant which will be yet another premises with an alcohol licence.
He commented that they have been provided with a copy of the menu which looks to be more like light snacks and salads.
Mr Brown’s clients’ main concerns are for the premises not to turn in to a bar.
In response to the Members questions, Mr Baylis confirmed that the people who will be most affected by this application are the residents who live next door. They withdrew their objections once they met the applicant. He advised that there will be no takeaways and there is no primary cooking at the premises. Claudia confirmed that a 30 minute reduction in the terminal time for the sale of alcohol would be acceptable.
The Policy Officer, Mr Hardy asked what measures area in place to avoid cumulative impact? Mr Baylis responded and stated that the size of the premises and limited capacity of 25 persons.
Conclusion
The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, and the 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 reaching its decision, the Sub-Committee took into consideration the evidence, the applicant’s agreement to reduce the terminal times for the sale of alcohol, that the hours are Core Hours, the premises will trade as a restaurant and that the premises have a small capacity of 25 persons.
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 (Indoors)
Monday to Thursday 23.00 – 23.30
Friday and Saturday 23.00 – 00.00
2. Sale of Alcohol (Both):
Monday to Thursday 10.00 – 23.15
Friday and Saturday 10.00 – 23.45
Sundays 12.00 – 22.15
3. Opening Hours of the Premises:
Monday to Thursday 07.00 – 23.30
Friday and Saturday 07.00 – 00.00
Sundays 09.00 – 22.30
4. That the Premises 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
Conditions consistent with the operating schedule
9. (a) The premises shall install and maintain a comprehensive CCTV system as per theminimum 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.
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. 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.
12. 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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
13. 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
14. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
15. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
Conditions proposed by the Environmental Health
16. The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol 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.
17. 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.
18. 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.
19. 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.
20. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
21. 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 unless it is during the hours for the Council’s own collection times for the street.
22. 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 unless it is during the hours for the Council’s own collection times for the street.
23. The number of persons permitted in the premises at any one-time (including staff) shall not exceed 25 persons.
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. If there are minor changes to the layout a new plan shall be submitted to the licensing authority when requesting removal of this condition.
Conditions added at the Hearing
25. There shall be no sales of takeaway food for consumption off the premises.
26. There shall be no primary cooking at the premises
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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Report 10-11 Moor Street_Redacted, item 3.
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