Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End None* Mayfair**	Lusin Restaurant, 16-17 Hay Hill, W1J 8NY	New Premises Licence	22/06003/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 18 August 2022 – ITEM 1

 

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:              Dave Nevitt (Environmental Health), Thomas O’Maoileoin    (Thomas and Thomas), Richard Brown (representing Local Residents), Mike Dunn (Local Resident)

 

Application for a New Premises Licence in respect of Lusin Restaurant 16-17 Hay Hill W1J 8NY 22/06003/LIPN

 

 

                                                     Full Decision

 

Premises

 

Lusin Restaurant

 

Applicant

 

Mira Foods International (UK) Limited

 

Cumulative Impact Area

 

None

 

Ward

 

West End

 

Special Consideration Zone

 

Mayfair

 

Summary of Application

 

This is an application for a New Premises Licence under the Licensing Act

(“The Act”). The Premises propose to operate as a restaurant over the ground and first floors.

There is a resident count of 93.

 

 

Representations received

 

•        Metropolitan Police Service (PC Andy Elliott) (withdrawn)

•        Environmental Health Service (Dave Nevitt)

•        2 Local residents

 

Summary of issues raised by objectors

 

Environmental Health Service (EHS) stated:

 

·       Representation is made in relation to the application as the proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.

 

Local Resident stated:

 

·       My representation is based on the likely impact of the application on the licensing objective of Prevention of Public Nuisance.

·       Whilst the hours are reasonable and I note that the full ‘restaurant’ condition has been proposed, I feel that the absence of other conditions (which I have successfully asked for on other licence applications in the area) would risk an increase in public nuisance in this already extremely busy area.

 

Mayfair Residents Group (MRG) stated:

 

·       The MRG wishes to object to the application as presently made but only insofar as conditions are concerned. MRG supports the request made by local residents for additional conditions on the basis of seeking consistency especially in this already heavily licensed area with existing nuisance.

 

 

Policy Position

 

SCZ1

 

In addition to meeting the other policies within this statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

 

 

 

 

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 Thomas O’Maoileoin, solicitor for the Applicant explained that the application was for a new premises licence for a restaurant within the Special Consideration Zone (SCZ) of Mayfair. He stated that he had been in correspondence with local residents and the Responsible Authorities and as a result the Metropolitan Police had withdrawn their objection. He explained that there had been a concern from residents about the ongoing planning application submitted a few weeks ago, and this decision should be forthcoming in October. At the moment, Planning restricts the terminal hour until 23:00 and their request was for this to be extended to 00:00. Mr O’Maoileoin said if this application was granted, there would be an application to vary the said Licence.

 

In response to questions from the Sub-Committee Mr O’Maoileoin explained that the Applicant wanted terminal hours at 00:00 hours Monday to Sunday and the Applicant would address the issues of crime and disorder by the conditions proposed by the Metropolitan Police Service and Environmental Health Service.

 

Mr Dave Nevitt for Environmental Health Service advised that he had been in contact with the Applicant and had carried out a site visit. He stated that the hours sought are very close to core hours and that conditions had been offered and accepted, including model Condition 66 defining the operation as a restaurant with alcohol ancillary to a meal. Mr Nevitt stated that the building is solid with good acoustic and should be able to contain any noise.

 

Mr Richard Brown, solicitor, representing the residents advised that residents have concerns regarding the premises operating hours. He referred to the conditions agreed by the Applicant and reiterated that the current application raised no major concerns, but should the terminal hour move later from 23:00 to 00:00, residents would strongly oppose.

Mr O’Maoileoin asked Mr Amir Alwan for the Applicant company, Mira Foods International to address the Sub-Committee on the operations of the premises. Mr Alwan explained that the premises are a Middle Eastern and Armenian restaurant with table service. He stated he would be happy to come back to this Sub-Committee for the terminal hour of 00:00 as soon as Planning have determined the application.

 

In response to questions from the Sub-Committee Mr Alwan advised that foods would be on both smaller plates and larger meals, but he could not comment on price at this time. Mr O’Maoileoin stated that they have agreed Model Condition 66 which stipulated “substantial table meal” was needed for the consumption of alcohol, as discussed and agreed with Environmental Health Service.

 

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

 

The Sub-Committee noted that representations had initially been made by the Metropolitan Police Service, however these had withdrawn following discussions with the Applicant.

 

The Sub-Committee noted the statement made by Environmental Health Service that the acoustic at the premises was such that there would be no noise leakage.

 

The Sub-Committee further noted the proposed conditions had been agreed with the Responsible Authorities and concluded that these conditions attached to the licence would alleviate residents concerns and were appropriate and would promote 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 the Sale of Alcohol (On Sales) Monday to Sunday 11:00 to 23:00 hours.

 

2.     To grant permission for the Opening Hours of the Premises Monday to Sunday 11:00 to 23 hours.

 

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

 

4.     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 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 the 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.      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

           (g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

 

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

 

15.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day.

 

16.      No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

17.     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.

 

18.      A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the Police or an authorised officer of the City Council at all times whilst the premises are open.

 

19.      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. In any event the capacity shall not exceed 110 persons (excluding staff).

 

20.      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.

 

21.     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.

 

22.      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 drinks or glass containers with them.

 

23.      No licensable activities shall take place at the premises until

           (i)  the premises have been assessed as satisfactory by the Environmental Health Consultation Team and

(ii) plans have been substituted to include the basement and lower basement non-licensable floors, at which time this condition shall be removed from the Licence by the Licensing Authority.

 

24.      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.           

 

 

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

 

The Licensing Sub-Committee

18 August 2022