Agenda item
13 Eccleston Yard, City of Westminster, London, SW1W 9AZ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Wednesday 23rd June 2022
Membership: Councillor Angela Piddock (Chairman) and Councillor Tim Mitchell.
Officer Support Legal Advisor: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Others present: Alun Thomas, Thomas and Thomas Solicitors on behalf of the applicant, Amie Wine Limited.
William Sandbach – DPS and on behalf of the applicant
Application for a New Premises Licence in respect of
13 Eccleston Yard, City of Westminster, London SW1W 9AZ – 22/03444/LIPN
FULL DECISION
Premises
13 Eccleston Yard,
City of Westminster,
London
SW1W 9AZ
Applicant
Amie Wine Limited
Ward
Pimlico North
Cumulative Impact
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
Sale by retail of alcohol [on and off sales]
09.00 until 22.30 Mondays to Wednesday,
09.00 until 23.00 Thursdays to Saturdays
09.00 until 21.30 on Sundays.
Opening Hours
07.30 until 23.00 Mondays to Wednesday,
07.30 to 23.30 Thursdays to Saturdays
07.30 until 22.00 on Sundays
Summary of Application
This is an application for a time limited Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a pop-up wine shop with a small ancillary bar for 6 months from the time of grant.
Representations Received
· Dave Nevitt - Environmental Health Service (Withdrawn on 28th April 2022)
· 1 Local Resident
Summary of Representations
· The resident’s concerns are that the Premises will cause disturbance from night life and catering activities which negatively impacts on residents’ health, and noise caused by plant machinery.
Policy Position
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.
SHP1
· Applications for a shop 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 are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol meeting the council’s Ancillary Alcohol and/or Latenight Refreshment Delivery Service Policy DEL1.
4. The application and operation of the venue meeting the definition of a shop in Clause C.
C. For the purposes of this policy:
1. A shop is defined as a stall, vehicle, vessel, temporary structure, building or part of a stall, vehicle, vessel, temporary structure or building where the primary activity is the sale of goods or services to customers upon payment.
2. The licensable activities for the sale of alcohol for consumption on the premises, regulated entertainment and/or late-night refreshment
must be ancillary to the primary use of the premises as a shop.
3. The licensable activity of the sale of alcohol for consumption off the premises must be an ancillary function to the primary use of the premises unless that primary use is to sell alcohol for consumption off the premises, e.g. a traditional off licence.
SUBMISSIONS AND REASONS
1. The Presenting Officer, Ms Karyn Abbott introduced the application and advised that the application was for a new time limited Premises Licence for a wine shop and ancillary bar.
2. Mr Thomas, solicitor appearing on behalf of the Applicant, addressed the Committee and directed them to his Summary of Proposals and advised that the Premises is under the control of Grosvenor, a reputable landlord.
3. Mr Thomas stated that the area had not been licensed previously but what is required, is a licence for on and off sales at a wine shop with art gallery use. The premises licence will be time limited for six months and site is not located in a Cumulative Impact Area or Special Consideration Zone.
4. Mr Thomas went on to submit that all issues of concern have been addressed by conditions and certainly, the sale of alcohol will be ancillary to the use of the premises as a shop.
5. The Committee were informed that the objector lives some distance away from the venue and would not be directly affected by the operation of premises.
6. Mr Thomas confirmed that he had met with the environmental health officer and conditions had been agreed.
7. In response to questions from the Committee, Mr Thomas advised that the Premises have toilets and also additional facilities provided by Grosvenor. The landlord takes a strong line in managing premises and they are in fact present in the yard.
8. The Committee was further informed that if the Applicant was successful during the 6 months then they may well come back before the Committee for a new premises licence.
9. Mr Thomas concluded by explaining to the committee that he had come to an agreement with Mr Nevitt specifically in relation to a mezzanine level. Mr Burnett, the Committee’s legal adviser, informed Mr Thomas that he was not happy with the drafting of the proposed, agreed conditions which did not appear precise or enforceable. Mr Thomas agreed to Mr Burnett liaising with Mr Nevitt to agree satisfactory conditions.
10. Mr Thomas asked the Committee to provide a Decision at the hearing due to the temporary nature of the premises licence applied for.
11. The Chair advised Mr Thomas that the full decision will be provided as soon as possible and in accordance with procedure and, that the Decision would not be done provided at the hearing.
Decision
12.The Committee has determined an application for a grant of a time limited NEW Premises Licence under the Licensing Act 2003 for 6 months.The Committee realises that it has a duty to consider each application on its individual merits. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.
13. The 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.
14.The Committee, in its determination of the matter, concluded that the conditions it imposed on the licence were appropriate and proportionate and would promote the licencing objectives.
15. 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 a time limited Premises Licence for a period of six (6) months from the date of grant.
2. To grant permission for the sale of alcohol for consumption (on/off) the premises from 09.00 until 22.30 Mondays to Wednesday, 09.00 until 23.00 Thursdays to Saturdays and 09.00 until 21.30 on Sundays.
3. To grant permission for the premises to open to the public from 07.30 until 23.00 Mondays to Wednesday, 07.30 to 23.30 Thursdays to Saturdays and 07.30 until 22.00 on Sundays.
4. That the new time limited premises licence will be subject to any relevant mandatory conditions.
5. The new time limited premises licence is subject to the following agreed conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions Agreed at the Hearing:
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 WineShop.
10. A 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.
11. All sales of alcohol for consumption off the premises shall be in sealed containers only.
12. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
13. 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.
14. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
15. No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day.
16. 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.
17. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum 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.
18. 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.
19. There shall be no sales of alcohol for consumption off the premises after 22:00 hours.
20. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
21. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.
22. The supply of alcohol shall be by waiter or waitress service only.
23. 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.
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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
25. 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.
26. The maximum number of persons permitted on the ground floor at the premises at any one time (excluding staff) shall be 30.
27. No licensable activities on the mezzanine shall take place at the premises until the works to the mezzanine 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.
28. No licensable activities shall take place on the mezzanine of the premises until the capacity of the whole 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
15 June 2022
Supporting documents:
- Restricted enclosure View the reasons why document 2./1 is restricted
- Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted
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13 Eccleston Yard report_Redacted, item 2.
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