Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * West End   ** None	Pokehouse Basement and Ground Floor 13 New Row WC2N 4LF	New Premises Licence	22/06963/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 29 September 2022 – Item 3

 

Membership:           Councillor Angela Piddock (Chairman) Councillor Judith Southern and Councillor Caroline Sargent

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Aaron Hardy

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Jessica Donovan

 

Other Parties:          Mr Juan Mosqueda (Applicant),

Roxsana Haq (Licensing Authority) and

Anil Drayan (Environmental Health Service)

 

Application for a New Premises Licence in respect of Pokehouse, Basement And Ground Floor, 13 New Row, London WC2N 4LF- 22/06963/LIPN

 

Full Decision

Premises

 

Pokehouse

Basement and Ground Floor

13 New Row

London WC2N 4LF

 

Applicant

 

Double Seven Hospitality Ltd

 

Ward

 

St James’s

 

Cumulative Impact Area

 

West End

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied for

 

Recorded Music

Mondays to Sundays 11.00 to 21.00

 

 

Sale of Alcohol

Monday to Sunday 11.00 to 21;00

 

The Opening Hours of the Premises:

Monday to Sunday 11.00 to 21;00

 

Summary of Application

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The premises currently operates as a quick service restaurant providing poke bowls and drinks.  

 

The application is to permit the Premises to trade Mondays to Sundays 11.00 until 21.00. 

 

The Premises are located in St James’s Ward and is in the West End Cumulative Impact Area.

 

There is a resident count of 132

 

Representations received

 

The Metropolitan Police Service (PC Dave Morgan) - Withdrawn

Environmental Health Service (Anil Drayan)

Licensing Authority (Roxsana Haq)

Covent Garden Community Association (not in attendance)

One resident (not in attendance)

 

Summary of issues raised by the objectors

 

The thrust of the objections cites public nuisance and crime and disorder.

 

Licensing Authority Stated:

 

The Licensing Authority has concerns in relation to this application and how the premises would promote the Licensing Objectives:

 

• Prevention of Public Nuisance

• Prevention of Crime & Disorder

• Public Safety

• Protection of Children from harm

 

EHS stated:

 

The Premises are located in the West End Cumulative Impact Zone. Representations made against the application as it may adversely impact on the licensing objectives of Public Nuisance and Public Safety.

 

The applicant has not offered sufficient conditions, the plans are unclear, no capacity has been provided and subsequent sanitary accommodations. In addition, Environmental Health also wish to assess cooking ventilation scheme to prevent odour nuisance.

 

The Residents Association stated:

 

·       The CGCA is concerned that if granted as applied for this will fail to support the Licensing Objectives, particularly relating to Public Nuisance.

 

·       Request a condition be added:

 

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.

 

The Resident states:

 

·       The premises illegally sell alcohol, the manager is rude and they block residential doors and play loud music.

 

Policy Position

 

HRS1

·       Applications within the core hours set out below 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.

 

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.

 

CIP1(A)

It is the Licensing Authority’s policy to refuse applications within

the West End Cumulative Impact Zone for: pubs and bars, fast food premises,

and music and dancing and similar entertainment.

 

RNT1

B. 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 operation of any delivery services for alcohol and/or latenight

refreshment meeting the council’s Ancillary Delivery of Alcohol

and/or Late-Night Refreshment Policy DEL1.

4. The applicant has demonstrated that they will not add to

cumulative impact within the Cumulative Impact Zone.

5. The application and operation of the venue meeting the definition

of a restaurant.

 

 

SUBMISSIONS AND REASONS

 

1.     Ms Jessica Donovan outlined the application to the Committee. She advised that representations had been received from the Environmental Health Service, the Licensing Authority, the Covent Garden Community Association and one local resident. She further advised that the Metropolitan Police Force had withdrawn their representation as conditions had been agreed with the Applicant. 

 

2.     The Committee noted that the Premises was located within the St James’s Ward and in the West End Cumulative Impact Area.  Ms Donovan confirmed that the additional submissions from the Covent Garden Community Association had been circulated to the Committee.

 

3.     Mr Juan Mosqueda addressed the Committee and stated that he was applying for the new Premises Licence so that he could serve a small glass of wine or beer to customers with their meal.  He advised that the restaurant promoted healthy living (Californian style) and their most popular items were bottled water and healthy smoothies.  He outlined that the alcohol offer would be limited to one brand of red, one brand of white wine and a pale ale.  He advised that there had never been any incidents/disturbances in the restaurant. 

 

4.     Mr Mosqueda advised that conditions had been agreed with the Responsible Authorities and highlighted that there was CCTV in operation in the restaurant.  He confirmed that there was no cooking, except for rice, carried out in the kitchen so there would be no cooking smells or smoke emitted from the Premises.  He stated that he had made several attempts to contact his neighbours who had made complaints about the restaurant, however he had received no response but the residents have his email address and mobile phone number. 

 

5.     Mr Mosqueda further confirmed that he had no intention of operating the business beyond 21:00 hours, the capacity for the Premises was 60 persons and they sold approximately 150 covers per day.

 

6.     Mr Anil Drayan on behalf of the Environmental Health Service (EH) stated that EH had maintained their representation as the Premises was in the West End Cumulative Impact Area and to assist the Committee should they have any questions regarding the conditions which had been agreed with the Responsible Authorities.  He confirmed that there was no cooking, other than rice, carried out on the Premises and that they had been unable to verify the complaints received from the Applicant’s neighbours. 

 

7.     Mr Drayan confirmed that the EH and the Applicant had discussed the application in detail and the Applicant was aware that he needed to turn off his sound system on the closing of the Premises.  He highlighted that the operating hours were well within the Council’s Core Hours Policy and that EH were satisfied with the application and happy to withdraw their representation as all the proposed conditions had been agreed.

 

8.     In response to questions from the Committee, Mr Drayan advised that the Premises was located next to the White Swan pub.  He confirmed that the Premises had not been selling alcohol without a Premises Licence and that he had evidence from the City Inspectors to confirm this. 

 

9.     Mr Drayan explained that when EH had visited the Premises they had discovered that the Applicant was selling can drinks that contained 0.5% alcohol which they were allowed to sell without a Premises Licence.

 

10.He advised the Committee that the Applicant was now clear that if any of the conditions were breached the Council had the power to Review the Premises Licence. 

 

11.Ms Haq on behalf of the Licensing Authority confirmed to the Committee that they were satisfied with the agreed conditions, and this had allayed the Licensing Authorities concerns.

 

Decision

 

12.The Committee has determined an application for a grant of a new Premises Licence under the Licensing Act 2003.   The Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.

 

13.In reaching their decision, the 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.

 

14.The Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Statement of Licensing Policy and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

15.In reaching its decision, the Committee took into consideration that the Applicant had agreed conditions with the CGCA, Responsible Authorities and that the Metropolitan Police Force.

 

16.The Committee was persuaded by the arguments advanced by the Applicant that they were a responsible operator and that they had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.  The Committee noted that the Premises was closing at 21:00 hours so the Premises would be operating well within the Council’s Core Hours Policy and that this was an exceptional reason why the Committee could depart from Westminster’s Cumulative Impact Policy.

 

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

 

18. 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: -

 

a)    To refuse permission for the Provision of Recorded Music.

 

b)    To grant permission for the Sale of alcohol Monday to Sunday 11:00 until 21:00.

 

c)     To grant permission for the opening hours of the Premise Monday to Sunday 11:00 until 21:00.

 

d)    The new premises licence shall be subject to any relevant mandatory conditions.

 

e)    The new 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 consistent with the operating schedule

 

1. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a quick service restaurant.

 

2. Sale of alcohol for consumption on the premises shall only be made to persons seated at a table.

 

3. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

4. 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.

 

5. 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.

 

6. 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.

 

7. No deliveries to the premises shall take place between 21.00 and 8.00 hours on the following day.

 

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

 

9. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21.00 hours and 08.00 hours on the following day unless it is during the Council’s own hours for collection of waste for the street

 

10. No collections of waste or recycling materials (including bottles) from the premises shall take place between 21.00 and 08.00 hours on the following day unless it is during the Council’s own hours for collection of waste for the street

 

11. The number of persons accommodated at the premises (including staff) shall not exceed 60.

 

12. 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 shall 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 shall 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.

 

13. 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.

 

14. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises, except for designated external seating areas.

 

15. 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.

 

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

 

17. 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.

 

18. 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.

 

19. 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.

 

20. 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 shall 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 visit by a relevant authority or emergency service.

 

21. There shall be no self-service of alcohol at the premises.

 

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 glass containers with them

 

23. Deliveries shall only be made to bona fide residential or business addresses.

 

24. 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 shall carry out age verification on delivery. The customer shall 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 shall be withheld.

 

25. The premises licence holder shall ensure that an age verification policy shall apply whereby all delivery personnel shall 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 shall apply to this licence.

 

26. All delivery personnel shall receive training in age restricted sales:

 

o   Induction training must be completed and documented prior to the delivery of alcohol by the rider.

o   Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.

o   Training records shall be available for inspection by a Police Officer or other authorised officer on request. Training records shall be electronically stored by the licence holder for a period of 12 months.

 

27. All delivery personnel shall be trained to record refusals of sales of alcohol in a refusal’s log/register. The log/register shall 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.

 

28. This log/register shall be available for inspection by a Police Officer or other authorised officer on request.

 

29. Third Party delivery companies shall not be used by the premises unless they provide the Premises Licence Holder with documentary confirmation that the company can comply with conditions 24, 25, 26 and 27. A copy of that confirmation is to be retained by the Premises Licence Holder.

 

 

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

 

The Licensing Sub-Committee

29 September 2022