Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Knightsbridge & Belgravia None* None**	Isibani, 9 Knightsbridge Green, SW1X 7QL	New Premises Licence	22/05629/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 18 August 2022 – ITEM 3

 

Membership:Councillor Maggie Carman (Chair) Councillor Concia Albert and Councillor Caroline Sargent

 

Officer Support   Legal Adviser:              Viviene Walker

                           Policy Officer:               Kerry Simpkin

                           Committee Officer:       Jack Robinson-Young

                            Presenting Officer:       Kevin Jackaman

 

Present:              Maxwell Koduah (Environmental Health Service), Olugbemiga Olusola (Consultant), Jennifer Douglas (Director)

 

Application for a New Premises Licence in respect of Isibani 9 Knightsbridge Green SW1X 7QL 22/05629/LIPN

 

                                                     Full Decision

 

Premises

 

Isibani

9 Knightsbridge Green

London SW1X 4AJ

 

Applicant

 

Isibani UK Limited

 

Cumulative Impact Area

 

None

 

Ward

 

Knightsbridge & Belgravia

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a new Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to operate as an Afro/European Fusion Restaurant over the basement, ground and first floors. The Applicant had initially applied for recorded music outside the hours. However, following the consultation period and after discussions with the interested parties, the Applicant withdrew recorded music and reduced the hours in line with core hours.

 

There is a resident count of 100.

 

Representations received

 

•        Metropolitan Police Service (PC Dave Morgan) withdrawn

•        Environmental Health Service (Maxwell Koduah)

•        9 Local residents - 5 withdrawn

 

Summary of issues raised by objectors

 

 

·       The hours requested to play recorded music, to provide late night refreshment and the supply of alcohol may have the likely effect of causing an increase in Public Nuisance and may affect the Public Safety within the area.

·       On behalf of the freeholder, we fully object on the basis of Public Nuisance, Crime and Disorder and Public Safety.

·       Lancelot Place, Knightsbridge and Raphael Street as well as the Trevor Square conservation area are residential amenities.

·       The granting of this Licence would create major disturbances for the many families and individuals who live here.

·       This venue would effectively be a bar/night club as the application is for music and the serving of alcohol which is not ancillary to the serving of food.

·       This alleyway already has serious anti-social behaviour at night, and this can only intensify the issue we already have at this location.

·       The application based on the extended hours will be precedent for other future restaurants.

 

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out 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.

 

RNT1

 

·       Applications outside the West End Cumulative Impact Zone will generally be granted subject:

 

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.

 

SUBMISSIONS AND REASONS

 

Mr Jackaman, Senior Licensing Officer outlined the application before the Sub-Committee.

 

Mr Olugbemiga Olusola for the Applicant addressed the Sub-Committee and explained that the application was for a new premises licence. He stated that the Applicant had withdrawn their request for recorded music throughout the venue. Also, after consultation with residents and Responsible Authorities they had amended their hours to core hours in order to promote the licensing objectives. He explained that they Applicant had also agreed to the restaurant conditions requested by the Metropolitan Police Service and Environmental Health Service. The Applicant had a dispersal plan to further show their willingness to work with the community.

 

In response to questions from the Sub-Committee Mr Olusola advised that only 15 people could occupy the outside area as detailed on the plan and he had agreed with Environmental Health Service that this area would be vacated by 22:00 hours.

 

Ms Jennifer Douglas, for the Applicant explained that there is a building behind the terrace, which was a hotel, but it has not been used. She further explained that it was the Kinghtsbridge hotel, and the terrace would be used as a regular part of the restaurant containing a cover for bad weather. The terrace area would be closed before the main indoor areas of the restaurant at 21:30 hours. They will inform patrons that they will be closing at 22:00 hours so that they will have ample time to vacate.  Mr Olusola stated that before the Applicant took over the premises it was vacant for two years.

 

When looking at the premises, the Chair of the Sub-Committee asked what was behind the terrace and Ms Jennifer Douglas explained this was a hotel that was currently not in use. The Sub-Committee asked what the hotel was, and Ms Douglas replied saying it was the Knightsbridge Hotel. Ms Douglas said this area would be used as a regular part of the restaurant containing a cover for bad weather. Mr Olusola explained before the took over the premises it was vacant for two years.

 

Mr Maxwell Koduah for Environmental Health Service explained that the capacity limits in the Condition 9 applied to the inside regardless of someone from the terrace was to come inside. This would not allow for 15 people on the terrace to enter the main restaurant at 22:00, the total 45 people cannot be exceeded at any one time. He further explained that his representation was made as the Applicant had applied for hours in excess of core hours with has now been reduced.

 

Mr Olusola reiterated that the Applicant had reached out to residents and Responsible Authorities which had resulted in them accepting the conditions and the objections been withdrawn. He also stated that the Applicant had applied for 4 Temporary Event Notices in order to try out their menus and these had been warmly received.

 

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, all other parties and the oral evidence given by those parties in attendance during the hearing in its determination of the hearing.

 

The Sub-Committee noted that the Applicant had positively engaged with the Responsible Authorities and residents and that the residents had withdrawn their representations after those discussions with the Applicant.

 

The Sub-Committee was of the opinion that the nature and operation of the premises operating within core hours was not likely to cause a nuisance in the local area and in addition, the conditions imposed on the Premises Licence were appropriate and will ensure that the four licensing objectives are promoted.

 

In reaching its decision the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:

 

1.     To grant permission for Late Night Refreshment (Indoors) Friday to Saturday 23:00 to 00:00 hours.

 

2.     To grant permission for the Sale of Alcohol (On Sales) Monday to Thursday 09:00 to 22:30 hours Friday to Saturday 09:00 to 00:00 hours Sunday 09:00 to 22:30 hours.

 

3.     To grant permission for the Opening Hours of the Premises Monday to Thursday 09:00 to 23:00 hours Friday to Saturday 09:00 to 00:30 hours Sunday 09:00 to 23:00 hours.

 

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

 

5.     That the Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

 

 

 

 

Conditions imposed by the Committee after a hearing

 

9.        The number of persons permitted in the premises at any one-time (excluding staff) shall be:

Ground Floor – 25 persons

First Floor – 25 persons

with no more than 45 persons at any one time

 

10.      A copy of the premises’ dispersal plan shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

11.      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.

 

12.      All tables and chairs on the 1st floor terrace shall be rendered unusable by 22.00 hours each day.

 

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

 

14.      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.

 

15.      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.

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

 

17.      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.

 

18.      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.

 

19.     No deliveries to the premises shall take place between 23:00 and 08.00 hours on the following day.

 

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

 

 21.     The supply of alcohol, including alcohol consumed at the outside tables and chairs shown on the licence plan, shall be by waiter or waitress service only.

 

 22.     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.

 

23.      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.

 

24.      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.

 

25.      The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

26.     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.       

 

 27.     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.

 

28.      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.

 

 29.     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.

 

30.      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.

 

31.      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.

 

32.      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.

 

33.      At least 1 SIA licensed supervisor shall be on duty at the premises on Fridays and Saturdays. They must correctly display their SIA licence when on duty so as to be visible.

 

 

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

 

The Licensing Sub-Committee

18 August 2022