Agenda item
Visconti of Westminster, 1 Marsham Court, Marsham Street, SW1P 4JY
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
22 SEPTEMBER 2022
Membership: Councillor Aziz Toki (Chair) Councillor Angela Piddock and Councillor Tim Mitchell
Officer Support Legal Adviser: Horatio Chance
Policy Officer: Daisy Gadd
Committee Officer: Jack Robinson-Young
Presenting Officer: Karyn Abbott
Application for a New Premises Licence in respect of Visconti Of Westminster 1 Marsham Court Marsham Street London SW1P 4JY 22/06977/LIPN
Other parties present: Mr Di Gegorio (Applicant), Mrs Di Gegorio (representing the Applicant), PC Dave Morgan (Metropolitan Police Service), Dave Nevitt (Environmental Health Service) Richard Brown (representing local residents), Georgina Orde (local resident)
Full Decision
Premises
Visconti Of Westminster Restaurant
1 Marsham Court Marsham Street
London
SW1P 4JY
Applicant
Mr Vito Di Gegorio
Cumulative Impact Area
None
Ward
Vincent Square
Special Consideration Zone
None
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Thursday 23:00 to 23:30
Friday to Saturday 23:00 to 00:00
Sunday Not Applicable
Sale by retail of Alcohol (On and Off the Premises)
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Seasonal variations: New Year’s Eve until 02:00
Opening Hours of the Premises
Monday to Sunday 10:00 to 00:30
Sunday 12:00 to 00:00
Seasonal variations: New Year’s Eve until 02:00
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence in respect of 1 Marsham Court Marsham Street London SW1P 4JY(“The Premises”). The Premises intend to trade as an Italian restaurant and bar formally trading as Shepherds of Westminster restaurant. The Premises has been licensed since October 2005 until the licence lapsed in March 2021 when the licence lapsed due to the insolvency of the premises licence holder.
The Premises are located within the Vincent Square Ward but not within the West End Cumulative Impact Zone or Special Consideration Zone. During consultation the Applicant reduced the hours applied for late night refreshment and the sale of alcohol. There is no policy presumption to refuse the application. Representations were received from the Environmental Health Service, Metropolitan Police Service and one local resident who has produced a written submission as part of the additional papers.
The Applicant also agreed to the proposed conditions requested by the Metropolitan Police Service prior to the hearing but they have maintained their objection.
The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives.
There is a resident count of 623.
Representations received
• Metropolitan Police Service (PC Dave Morgan)
• Environmental Health Service (Dave Nevitt)
• 1 Local resident (Objecting)
Summary of issues raised by objectors
The Metropolitan Police Service maintained their objection on the basis that they believed the application would undermine both the Prevention of Crime and Disorder and Prevention of Children from Harm licensing objectives. The Applicant did agree to the Police’s request for a reduction in hours and also requested specific conditions were agreed to.
The Environmental Health Service felt that the application was likely to undermine the Prevention of Public Nuisance licensing objective. Ms G Orde, a local resident, submitted an objection on the grounds that, living above the Premises, she would be disturbed by noise frequently thereby undermining again the Prevention of Public Nuisance licensing objective.
Policy Position
Policies HRS1, RNT1(A) apply under the City Council’s Statement of Licensing Policy apply (SLP).
HRS1
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 following:
1. 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 (A)
Applications 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 being within the council’s Core
Hours Policy HRS1.
3. 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.
4. The applicant has taken account of the Special Consideration
Zones Policy SCZ1 if the premises are located within a designated
zone.
5. The application and operation of the venue meeting the definition
of a restaurant as per Clause C.
C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the
customer will select a table themselves to which food is either served
to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are
prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink
for immediate consumption, except if provided via an ancillary
delivery service to customers at their residential or workplace
address.
4. Where alcohol shall not be sold, supplied, or consumed on the
premises otherwise than to persons who are bona fide taking
substantial table meals and provided always that the consumption of
alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be
in a bar area but must also be ancillary to the taking of such meal.
SUBMISSIONS AND REASONS
The Presenting Officer Karyn Abbott outlined the application to the Sub-Committee. She advised that this was an application for a New Premises Licence in respect of Visconti Of Westminster 1 Marsham Court Marsham Street London SW1P 4JY. The Premises intends to operate as a restaurant with licensable activities relating to the sale of alcohol and late night refreshment. Representations have been received from the Metropolitan Police Service, Environmental Health Service and 1 local resident who are all in attendance at today’s hearing. The Applicant is Mr Di Geogorio.
Mrs Di Gegorio, the Applicants wife, addressed the Sub-Committee and explained that she with her husband, the Applicant, took over the business in May this year and the current licence has lapsed. This is now to be a fine dining restaurant mirroring the licence that was held previously. She advised that the Metropolitan Police Service requested that the hours be scaled back in line with the core hours policy and this had been accepted.
Mrs Di Gegorio said admittedly there were issues with the previous operator but the Premises is now under new management and is to operate differently with its current business model for a restaurant. The capacity would be 60 people in the main dining room with a further room that could hold up to 30, for a total maximum capacity of 90 seats.
Mr Dave Nevitt from the Environmental Health Service then addressed the Sub-Committee and advised he was pleased to see that the Applicant had agreed core hours. Mr Nevitt drew the Sub-Committee’s attention to the flats above the Premises and said that the previous owners when running the business did create noise from the day to day running of the restaurant and from customers.
Mr Nevitt advised that some complaints were made to him directly in the summer of 2019. However, since there have been works done to the structures. The Sub-Committee noted that two conditions had been suggested by the Environmental Health Service around noise nuisance and around works, with the condition concerning works having already been agreed to prior to today’s hearing.
Mr Nevitt confirmed that he had spoken to Ms Georgina Orde, a local resident present at the Sub-Committee, and she agreed for him to enter her property to check on noise transmission above.
The Sub-Committee then invited Ms Orde to make representations and she explained her flat is above the restaurant’s kitchen. She said that this application was made in August 2022, during the summer holidays and felt that this had resulted in less objections being made to the application.
Ms Orde said that under the old operator the noise levels were so bad a meeting had to be called with the interested parties to tackle the nuisance complained off. She said that following that meeting it had led to a reduction in noise, however, the noise was still loud at times including the noise being generated from the fans used for cooking at the Premises.
Ms Orde said at the time there was the frequent banging of doors and use of a bottle bank, both contributing to the noise caused underneath. Ms Orde advised that she works for a charity and does not have the funds to simply move away and was perfectly happy living in her home prior to 2014. When she first moved in to the flat in 2012, the operation hardly generated any noise in her property this was despite the same number of patrons being inside the Premises.
Ms Orde queried the terminal hour of 00:30, which she believed was not within core hours and sought clarification and said in any event this terminal was not accepted. She requested that the Sub-Committee impose Model Condition 87 (MC87) on the premises licence to ensure that fumes are limited and smells emanating from the Premises and went onto explain that during the Covid-19 lockdown, she reported noxious smells entering her property which were followed up by the Council but due to Government Guidance on COVID officers at that time could not enter the Premises to investigate.
Mr Richard Brown appearing on behalf of Ms Order then spoke around the works condition, saying this would allow for the Environmental Health Service to have overall insight and for Ms Orde to have peace of mind while still allowing the Premises to operate.
Mr Horatio Chance, the Legal Advisor to the Sub-Committee confirmed the position regarding core hours and the relationship of licensable activities under the City Council’s SLP. Mr Chance clarified that 00:30 was outside of the core hours policy, opening hours can be core hours or later but the Sub-Committee would need to specify this if the application were to be granted.
The Sub-Committee asked the Policy Advisor Ms Daisy Gadd to confirm that restaurants applying for hours within core hours would usually be granted because there was no presumption to refuse such applications outside of the West End CIZ and Ms Gadd agreed this to be the case, subject to the Applicant meeting other policies identified within the SLP.
The Sub-Committee asked the Applicant to confirm if 00:30 had been a mistake on the application and the Applicant confirmed for the sake of confusion that this was in fact a mistake and only core hours were sought.
In summing up, Mrs Di Gegorio explained that the head porter of the building had gone throughout the flats to see the noise generated by the fans and worked with them to set an appropriate level. She confirmed they were happy for Mr Nevitt to inspect the flat above owned by Ms Orde and in the Premises to help resolve any noise issues.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when considering the merits of the application.
The Sub-Committee noted that there is no policy presumption to refuse an application for a restaurant Premises that is not located within the West End Cumulative Impact Zone or any of the special consideration zones and that it’s assessment of the matter is based upon the promotion of the licensing objectives.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
The Sub-Committee welcomed the fact that the Applicant took on board the views of the Metropolitan Police Service and reduced the hours to Westminster’s core hours and that the proposed conditions had also been agreed.
The Sub-Committee had sympathy with the local resident objector when it came to potential breaches of the lease in respect of noise and any repairs required to the building to make it adequately sound proofed however, these issues are landlord and tenant matters and fall outside the scope of the Sub-Committees powers. Accordingly, the resident is advised to seek remedy through her landlord to resolve these lease issues by obtaining the relevant professional advice.
The Sub-Committee noted that the Premises is to be food led and is to operate as a restaurant with model restaurant condition 66 (MC66) imposed on the premises licence meaning that alcohol is to be sold subject to customers seated taking a substantial table meal together with waiter and waitress service when alcohol is sold.
The Sub-Committee based on the various undertakings and guarantees given by the Applicant during the hearing was persuaded that they were to be a responsible operator that would manage the Premises well in accordance with the promotion of the licensing objectives. It also encouraged the Applicant to work in partnership with local residents so that any potential issues arising regarding the day to day running of the Premises are dealt with in good time and satisfactorily resolved.
In reaching its decision, the Sub-Committee concluded that these measures would help mitigate the concerns raised by the local residents and the conditions attached to the licence would ultimately have the effect of promoting the licensing objectives in particular the public nuisance licensing objective.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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) Monday to Thursday 23:00 to 23:30 Friday and Saturday 23:00 to 00:00 Sunday Not Applicable.
2. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises) Monday to Thursday 09:00 to 23:30 Friday and Saturday 09:00 to 00:00 Sunday 09:00 to 22:30. Seasonal Variation: New Year’s Eve until 02:00
3. To grant permission for the Opening Hours of the Premises Monday to Thursday 09:00 to 23:30 Friday and Saturday 09:00 to 00:00 Sunday 09:00 to 22:30. Seasonal Variation: New Year’s Eve until 02:00
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 agreement of the Applicant
6. 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 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. 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.
7. 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.
8. Save for in the area hatched on the approved plan, 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.
9. In the area hatched on the approved plan, the supply of alcohol is by waiter or waitress service only to persons who are seated.
10. There shall be no sales of alcohol for consumption off the premises after 2300 hours.
11. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
12. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a takeaway meal or meal consumed in a designated external seating area.
13. 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.
14. 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.
15. 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 is open.
16. 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.
17. 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.
18. Deliveries will only be made to bona fide residential or business addresses.
19. A warning shall be displayed on the digital platform on which an order is placed informing customers that they must be aged 18 or over to make a purchase of alcohol and notifying customers that the delivery personnel will carry out age verification on delivery. The customer will be asked to provide ID to prove their age in accordance with Challenge 21 or 25 scheme. If the rider is not satisfied, then the alcohol in the order will be withheld.
20. The premises licence holder will ensure that an age verification policy will apply whereby all delivery personnel will be trained to ask any customer to whom alcohol is delivered, who appears to be under the age of 25 years to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form of identification that complies with any mandatory condition that may apply
to this licence.
21. All delivery personnel shall receive training in age restricted sales.
- Induction training must be completed and documented prior to the delivery of alcohol by the rider.
- Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.
- Training records will be available for inspection by a Police Officer or other authorised officer on request. Training records will be electronically stored by the licence holder for a period of 12 months.
22. All delivery personnel shall be trained to record refusals of sales of alcohol in a refusal’s log/register. The log/register will contain:
- details of the time and date the refusal was made.
- the identity of the delivery personnel refusing the sale.
- details of the alcohol the person attempted to purchase.
This log/register will be available for inspection by a Police Officer or other authorised officer on request.
23. 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.
24. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
25. 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.
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.
If there are problems experienced then a Review of the premises licence can
be made.
The is the Full Decision of the Licensing Sub-Committee which takes
effect forthwith.
The Licensing Sub-Committee
22 September 2022
Supporting documents:
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LSC Report - Visconti of Westminster_Redacted, item 4.
PDF 3 MB - Restricted enclosure View the reasons why document 4./2 is restricted
- Restricted enclosure View the reasons why document 4./3 is restricted
- Restricted enclosure View the reasons why document 4./4 is restricted