Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * West End   ** None	Miznon Ground Floor 8-12 Broadwick Street W1F 8HW	New Premises Licence	22/01579/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 28 April 2022

 

Membership:           Councillor Karen Scarborough (Chairman), Councillor Susie Burbridge and Councillor Maggie Carman

 

Officer Support        Legal Advisor:         Viviene Walker

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Emanuela Meloyan

 

Others present:       Alun Thomas (Solicitor, Thomas and Thomas), David Goldstein, Ben Matthews and Josh Rose (The Sababah Company Ltd), Julia Wilkinson (Shaftesbury Soho), Anil Drayan (Environmental Health Service), Roxsana Haq (Licensing Authority), Richard Brown (Solicitor, Westminster’s Citizens Advice) and Tim Lord (Soho Society and local resident)

 

Application for a New Premises Licence in respect of Miznon Ground floor 8-12 Broadwick Street London W1F 8 HW 22/01579/LIPN

 

FULL DECISION

 

 

Premises

 

Miznon

Ground Floor

8-12 Broadwick Street

London W1F 8HW

 

Applicant

 

The Sababah Company Limited.

 

Ward

 

West End

 

Cumulative Impact

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Sale by Retail of alcohol (On and Off Sales)

Monday to Thursday 09:00 to 23:30

Friday and Saturday 09:00 to 00:00

Sunday 09:00 22:30 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. Sundays immediately prior to bank holidays 09:00 to 00:00 hours.

 

Late Night Refreshment (Indoors)

Monday to Thursday 23:00 to 23:30

Friday and Saturday 23:00 to 00:00

 

Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 23:00 to 00:00 hours.

 

Opening Hours for the Premises

Monday to Thursday 09:00 to 23:30

Friday and Saturday 09:00 to 00:00

Sunday 09:00 22:30 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. Sundays immediately prior to bank holidays 09:00 to 00:00 hours.

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a restaurant. The Premises are located within the West End Ward and the West End Cumulative Impact Zone. There is a resident count of 92.

 

Representations Received

 

·       Environmental Health Service (Anil Drayan)

·       Licensing Authority (Roxana Haq)

·       3 Local Residents (Opposed the application)

·       The Soho Society (Opposed the application)

·       Soho Business Alliance Ltd (supported of the application)

·       Shaftesbury Soho (supported of the application)

 

Summary of Representations

 

·       The Environmental Health Service have made a representation in relation to the application as the proposal may undermine the licencing objectives of Public Nuisance and Public within the West End CIA.

 

·       The Licensing Authority has concerns regarding how the Premises would promote the four licensing objectives.

 

·       Residents raised the following concerns: increase in street drinking, public nuisance such as urination on the streets and noise and difficulties with deliveries and waste collections to and from the Premises because of the narrow streets. The Soho Society considered that the area was already saturated with Premises Licences.

 

·       Soho Business Alliance Ltd welcomed the restaurant to Soho and stated that the Applicant had an excellent international reputation and will promote the Licensing Objectives.

 

·       Shaftesbury Soho welcomed the independent hospitality operator as this is consistent with Shaftesbury’s overarching strategy to help maintain Soho’s interesting and diverse heritage.

 

Policy Position

 

CIP1

 

·       Under Policy CIP1, it is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Area for pubs and bars, fast food premises and premises offering facilities for music and dancing, other than applications to vary hours within the core hours under Policy HRS1. Applications for other licensable activities in the Cumulative Impact Areas will be subject to other policies and must demonstrate that they will not add to cumulative impact within the Cumulative Impact Zone.

 

HRS1

 

·       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.

 

RNT1

 

·       Under Policy RNT1, applications inside 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 are within the Council’s Core Hours Policy HRS1. 3. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone. 4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.

 

SUBMISSIONS AND REASONS

 

The Presenting Officer, Ms Emanuela Meloyan introduced the application and advised that the application was for a new Premises Licence for a restaurant. She confirmed that representations against the application had been received by the Environmental Health Service, the Licensing Authority, the Soho Society and three local residents. She further advised that representations in support of the application had been received from Soho Business Alliance Ltd and Shaftesbury Soho. She outlined that the Premises are within the West End Ward and the West End Cumulative Impact Zone.

 

Mr Alun Thomas, Solicitor on behalf of the Applicant, outlined the application before the Sub-Committee. He explained that Miznon was an international fine casual restaurant chain founded in Tel Aviv, Israel in 2010 and the application was the first UK restaurant for the brand to be located at 8-12 Broadwick Street, W1. He advised that whilst there was no licence history for the Premises, it has history of food and beverage operations such as Pret and EAT. He explained that this application was for a restaurant with model condition 66 applying in full and the proposed conditions address the Council’s policies in relation to the licensing objectives and cumulative impact within the cumulative impact area. He emphasised that Regulated Entertainment had not been applied for, the hours were in line with the Council’s Core Hours policy, the food was tasty and affordable, there was no outside seating and all off sales of alcohol were to be in sealed containers. He added that the application was supported by Shaftesbury Soho who are the freeholder of the Premises.

 

Mr Thomas referred to the conditions that would be attached to the Premises Licence to promote the four licensing objectives and specially highlighted conditions 9 and 28 which would prevent street drinking. He further pointed out that the Council’s model conditions for waste collections had been agreed and would be attached to the Premises Licence. He added that rubbish would not be left on the pavement for more than 30 minutes. He added that an additional condition regarding deliveries would also be attached to the Premises Licence as well as a condition prohibiting off sales of alcohol after 23:00 hours.

 

Mr Thomas advised that the restaurant had a capacity of 60 patrons (excluding staff) and as the Applicant had agreed to all the relevant model conditions being attached to the Premises Licence, on the balance of probabilities, this new restaurant would not add to the Cumulative Impact Zone in the West End. He referred to the video links that had been circulated to the Sub-Committee and advised that the incidents shown on the video tended to occur in drink led establishments and that such behaviour was highly unlikely to happen in a restaurant.

 

In response to questions from the Sub-Committee, Mr David Goldstein, from the Applicant Company, advised that the sandwiches were quite large and cost between £10-12. He added that there were also side dishes of cauliflower and potato that customers usually ordered to go with their meal. He advised that Miznon was not a traditional restaurant and that a meal could be made up of lots of small plates of food. Mr Thomas advised that people could order food to take-away however the food would be packaged in such a way that it would not be for immediate consumption.

 

The Sub-Committee discussed the speed of service and how long people would take to eat their meal to ensure that the Applicant was planning to operate a restaurant and not a fast-food establishment as the Council had a separate policy for fast food establishments. Mr Goldstein advised that the majority of the restaurant’s revenue would be from sit down meals and that customers would be in the restaurant for an average 60-90 minutes as all food was cooked from fresh.

 

Mr Ben Matthews, from the Applicant company, advised that there was a significant difference on how people interacted with the menu between lunch and dinner. He explained that the concept of the restaurant was celebrating the individual ingredient and individual vegetable and that the pittas were substantial meals. He emphasised that the concept was unique. He confirmed that all food orders for take away were packaged in such a way that it was not for immediate consumption.

 

Mr Thomas referred to the conditions that would be attached to the Premises Licence and advised the Sub-Committee that he was happy to amend the off sales condition to say that any off sales of alcohol needed to be purchased with a substantial meal. The Sub-Committee then briefly discussed the environmental aspects of recycling and that recycling was not actually very environmentally friendly because of all the lorries and vans needed to collect the rubbish/waste generated in the West End.

 

Mr Drayan, representing the Environmental Health Service, advised that all conditions had been agreed with the Applicant and that he was only present at the hearing to answer the Licensing Sub-Committee questions. He confirmed that the Environmental Health Service were content that this Premises would operate as a full restaurant as the model restaurant condition MC66 was being included on the Premises Licence.

 

Ms Roxsana Haq, representing the Licencing Authority, advised that the application was within the Council’s core hours policy and the Applicant had agreed to an additional condition prohibiting off sales of alcohol after 23:00 hours. She confirmed that the Licensing Authority had maintained their representation because of the resident objections to the application and to assist the Sub-Committee.

 

Mr Richard Brown, Solicitor, representing the Soho Society and Tim Lord (local resident) advised that he wanted to further explore how this Premises would be operated because, although the concept for this restaurant may be delightful, the Premises Licence is attached to the Premises and not the operator. Mr Brown referred to the Council’s Licensing Policies and advised that Policy HRS1 did not say that applications would generally be granted, however, what it did say was that applications were generally granted subject to other licensing policies being relevant to the application. Mr Brown further advised that Policy RTN1 policy stated that the Applicant must demonstrate that they will not add to cumulative impact, and although this Premises would be operated as a small restaurant it would still add to cumulative impact by way of bringing more people into Soho. Mr Brown then advised of the difficulties that may arise from deliveries to the Premises and queuing for take away food because of the narrow street.

 

Mr Tim Lord, Chair of the Soho Society, and a resident in Broadwick Street, referred to his written representation contained at pages 133 to 141 of the report. He advised that he had lived in Soho for 30 years and that this house was located on the corner of Broadwick Street;10 yards away from the Premises. He advised that he had spoken to residents in the immediate vicinity who were concerned about this new Premises being licenced and highlighted that there was new housing on Duck Lane which was immediately opposite the Premises.

 

Mr Lord explained that the north side of Broadwick Street had always contained shops and not restaurants because intrinsically there had always been infrastructure issues about having a restaurant on this block because of waste, access, and deliveries issues. He emphasised that this part of Broadwick Street had always been very quiet because of the narrow pavement/street, however, further along Broadwick Street towards Berwick Street the street became much wider where the restaurants could use their rear entrances for deliveries and waste collections. He stated that post pandemic there had been enormous issues due its change in clientele from people working in Soho and then leaving for home by 9pm to a much younger noisier crowd who started drinking later in the evening and continued into the early hours of the morning. He outlined residents were worried about the continuing impact of both old and new Premises in the street.

 

Mr Lord referred to the deliveries which the Applicant had advised would take place between 8am and 8.30am and the concern that these deliveries would block the street. He advised that 60 covers twice an evening would generate significant waste and that generally bags of waste left to be collected on Soho’s streets were a huge problem for residents as well as the general public walking along the pavements. He added that the Neighbourhood Forum had just spend £20,000 on a waste report trying to work on how to deal with the 130 tons of waste (half of which comes from the food and beverage industry) dropped on Soho Streets every day.

 

Mr Lord emphasised that this Premises should be a shop and not a restaurant due to the infrastructure of the street and because of the 2600 residents (including 460 children) living in the area. He advised that there were multiple empty restaurants in Soho that the Applicant could use instead of this one and highlighted that the pavement was not big enough to be used by Deliveroo now or in the future. He added that the pavement was a shared resource for the whole public. Mr Thomas confirmed that the restaurant would be taking reservations so that there would be no queuing on the street.

 

In response to the Sub-Committee, Mr Thomas advised that there were some Premises in Broadwick Street that take deliveries from the front, some from the back and some Premises take deliveries from the front and back of their Premises. He advised that it was such a small restaurant that they would only have one delivery a day by electric vehicles/small vans. He explained that the Applicant wished to operate a sustainable business and therefore would hire a private contractor to collect their waste as Westminster City Council (WCC) collection service did not separate out the waste.

 

The Sub-Committee discussed the take-away element of the business with all parties. Mr Thomas advised that MC66 stated that a Premises could serve food for takeaway as long as it was not for immediate consumption and that the Applicant would accept a condition to limit take-away until 23:00 hours. Mr Thomas explained that the Applicant was not in possession of the Premises however once he was, he would sit down with Mr Lord to discuss how the Premises would operate to ensure the minimum disruption to residents. Mr Drayan advised that the Premises was immediately opposite Duck Street so that traffic could pull into that street to prevent blockages in the traffic.

 

Mr Thomas advised that waste from the Premises would be collected between 8am and 10am and that the waste bags would not be placed on the pavement for any longer than 30 minutes. Mr Lord advised that private waste contractors tended to turn up anytime unlike WCC waste collection which always arrived on time. The Applicant advised that he was more than happy to use WCC waste collection, and he would sit down with Mr Lord to sort out details once he gained possession of the Premises. The Sub-Committee then discussed WCC collection service with the Environmental Health Service and how the City Inspectors worked hard to prevent a build-up of waste on the streets by frequently issuing waste notices to business.

 

In response to the Sub-Committee, Mr Thomas advised that there was an informative placed on the licence that the operator would work with residents and Mr Brown agreed that ongoing dialogue was important. Mr Thomas explained that the restaurant was not open late at night, was not a drink led establishment and that the conditions that would be attached to the Premises Licence would alleviate the resident’s concerns. Mr Thomas advised that the Premises would only have one or two deliveries a day and the Applicant was content to have the model condition regarding queuing added to the Premises Licence. Mr Thomas suggested that the Applicant created a Management Plan which could be shared with the Council and Interested Parties.

 

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, 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 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 took into consideration that conditions had been agreed with the Responsible Authorities and that due regard had been given to the West End Cumulative Impact Area (CIA). The Sub-Committee noted that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives. The Sub-Committee also noted that the Applicant had agreed to liaise with residents on a regular basis.

 

In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objective.

 

Having carefully considered the committee papers and the submissions made by all of 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 for Late Night Refreshment (Indoors) Monday to Thursday 23:00 to 23:30 hours Friday and Saturday 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. Sundays immediately prior to bank holidays 23:00 to 00:00 hours.

 

2. To grant permission for Sale by Retail of alcohol (On and Off Sales) Monday to Thursday 09:00 to 23:30 hours Friday and Saturday 09:00 to 00:00 hours Sunday 09:00 22:30 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. Sundays immediately prior to bank holidays 09:00 to 00:00 hours.

 

3. To grant permission for the Opening Hours for the Premises Monday to Thursday 09:00 to 23:30 hours Friday and Saturday 09:00 to 00:00 hours Sunday 09:00 22:30 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. Sundays immediately prior to bank holidays 09:00 to 00:00 hours.

 

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 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.

 

10.      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.

 

11.      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.

 

12.      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.

 

13.     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.

 

14.      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.

 

15.      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.

 

16.      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.

 

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

 

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.      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.

 

20.      All sales of alcohol for consumption off the premises shall be ancillary to a substantial takeaway meal, in sealed containers, and shall not be consumed on the premises.

           Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

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

 

22.      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 collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

23.      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 collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

24.      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.

 

25.      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.

 

26.      No licensable activities shall take place at the premises until the premises have 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.

 

27.      No licensable activities shall take place at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the Licence with a condition detailing the capacity so determined. Such capacity shall not exceed 60 persons (excluding staff) at any time.

 

28.      There shall be no sales for consumption off the premises after 23.00 hours.

 

29.      No deliveries from or to the premises either by licensee or third party or collections to the premises shall take place between 23:00 and 08:00 hours on the following day.

 

30.      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 of the public highway.

 

 

 

 

 

 

 

 

INFORMATIVES

 

31.      The premises licence holder shall liaise with the interested parties on issues of waste collection and deliveries. The premises licence holder will investigate the possibility of servicing the venue from the rear.

 

32.      The Sub-Committee was pleased to note that the premises licence holder expects to only have 1 - 2 deliveries to the premises per day and encourage the licence holder to maintain this level.

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

28 April 2022