Agenda item
Cafe Society, Riverwalk House, 157-161 Millbank SW1P 4FA
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 12 January 2023 – Item 1
Membership: Councillor Aziz Toki (Chair) and Councillor Louise Hyams
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Jessica Donovan
Present: Ms Prabpreet Panesar, Agent, Glf Catering Limited
Mr Giuseppe D’Amore, Applicant, Glf Catering Limited
Sally Fabbricatore, Environmental Health Service
Application for a New Premises Licence in respect of Café Society Riverwalk House 161 Millbank London SW1P 4FA – 22/08784/LIPN
Premises
Café Society Riverwalk
House 157-161 Millbank
SW1P 4FA
Applicant
Glf Catering Limited
Ward
Vincent Square
Cumulative Impact Zone
None
Special Consideration Zone
Licensable Activities and Hours applied for
Opening Hours of the Premises:
Monday to Sunday 07.00 to 22:30 hours
Sale by Retail of Alcohol (On and Off Sales)
Monday to Sunday 10.00 to 22.00 hours
Representations Received
· Environmental Health Service (Sally Fabbricatore)
· Metropolitan Police Service (PC Dave Morgan) Withdrawn 18 October 2022
· One resident
Summary of Objections
· Environmental Health Service stated the provision of the supply of alcohol may cause an increase in Public Nuisance in the area and may also impact on Public Safety.
· Local Resident stated that the granting of the application would increase anti-social behaviour and Public Nuisance.
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises propose to operate as a coffee shop comprising of a seating area, kitchen area, toilet and a store. The outside area in front of the premises is also included as part of the premises for licensable activities to take place (in the form of waiter/waitress service to customers in that area). There is a resident count of 44.
Policy Considerations
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.
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.
DECISION AND REASONS
Ms Jessica Donovan, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee. She explained that the application was for a New Premises Licence. There was representation received from the Metropolitan Police Service, Environmental Health Service, and a resident. The Metropolitan Police withdrew their representation following agreement of conditions with the Applicant on 18 October 2022. The Premises are situated in the Vincent Square Ward but not located in a Cumulative Impact Zone or Special Consideration Zone.
Ms Prabpreet Panesar, Agent, Glf Catering Limited advised the Sub-Committee that the main objections received in relation to the application was concerns regarding urination, smoking and noise nuisance in the locality. Ms Panesar advised that the Applicant had held the Premises License since 2019 and there was no history of complaints being raised in relation to the above-mentioned concerns. She advised that the building had CCTV all around the Premises and a 24-hour concierge service. The Sub-Committee was informed that individuals would be discouraged from partaking in any anti-social behaviour such as urinating near the Premises. She advised that the concierge service was supplied by a highly reputable company and that all complaints would be dealt with expeditiously by the Service. The Sub-Committee was advised that there were fully functioning toilets within the Premises.
Ms Panesaradvised that concerns had been raised following the application to renew the Licence. She informed the Sub-Committee that the operating hours of the Premises were seasonal and during the winter months operated between 07:00 to 17:00 hours and summer periods from 07:00 to 20:00 hours. The Sub-Committee was advised that the lease permitted the Premises to have external seating and required that the tables and chairs are brought inside at the end of trade. Ms Panesar advised that the objector was located 150 miles away from the Premises and that there was a public house nearby and that nuisances were likely to emanate from this establishment.
In response to questions from the Sub-Committee, Ms Panesaradvised that the previous Licence had expired and informed that Mr Giuseppe D’Amore, the Applicant, Glf Catering Limited was the sub-lease holder. Mr D’Amore advised that the alcohol menu was limited and that the Premises were not a party destination. He advised that the Model Condition 24 which required for the Premises contact details to be made available would be accepted and informed that Café Society’s telephone number was on the Website. Mr D’Amore advised that the alcohol supplied would be ancillary to a meal and will be consumed within the Premises boundary. Most sales are largely for coffee and Italian cuisine which included pastries. Following further questions, Mr D’Amore advised that the Premises had their own CCTV in addition to those which were installed around the building by the Freeholder.
Sally Fabbricatore, representing Environmental Health Service advised that representations had been maintained due to objections raised by a resident and to assist the Sub-Committee. Ms Fabbricatore informed that Environmental Health Service was satisfied with the application in relation to meeting the Licensing objectives of the Prevention of Public Nuisance and Public Safety.
She confirmed that there were no structural changes or changes to the Premises’ operational model.
Ms Fabbricatore confirmed that external seating needed to be rendered by 22:00 hours and that use of this area was seasonal and therefore no conditions had been proposed for its usage. There is no history of complaints for the Premises regarding public urination and noise nuisance. The Sub-Committee was advised that the Metropolitan Police had proposed a condition which required for alcohol to be ancillary to food and this had been accepted by the Applicant. Ms Fabbricatore advised that this condition was more restrictive. She stated that the conditions proposed by Environmental Health Service had been accepted and those agreed with the Metropolitan Police were satisfactory and would alleviate any concerns.
Conclusion
The Sub-Committee noted that they have a duty to determine each application on its individual merits. In reaching their decision, the Sub-Committee considered all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee noted that no noise complaints had been made against the Premises. Whilst a local resident had expressed concerns about the noise that may be caused by the granting of the licence, the Committee concluded that the lack of previous complaints alongside Environmental Health Service’s considering that the proposed conditions would alleviate residents’ concerns and would ensure that the licensing objectives were promoted.
The Sub-Committee placed weight on the fact that the Applicant had agreed to the conditions proposed by the Metropolitan Police Service and Environmental Health Service, noting that the Police representation had been withdrawn. The Sub-Committee noted that the Applicant was a good operator, and the locality was well managed.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee had decided, after taking into account all the circumstances of this application and the promotion of the four licensing objectives to grant the application with the following permissions:
1. To grant permission for Sale by Retail of Alcohol (On and Off Sales)
Monday to Sunday 10:00 to 22:00 hours.
2. To grant permission for the Opening Hours for the Premises Monday
to Sunday 07:00 to 22:30 hours.
3. That the Licence is subject to any relevant mandatory conditions.
4. That the Licence is subject to the following conditions imposed by the
Committee which are considered approportionate and proportionate to
promote the licensing objectives.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
9. All staff engaged in the sale of alcohol will be trained in respect of their legal and social responsibility when doing so. They will also be trained in the contents of the premises licence including any conditions contained therein.
10. A record of all staff training shall be maintained at the premises and will be produced for inspection by the Police or Authorised Officers of the Licensing Authority upon request.
11. 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. 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.
12. 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.
13. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
14. Sales of alcohol for consumption off the premises shall only be supplied to customers who have been dining at the premises.
15. 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.
16. The supply of alcohol shall be by waiter or waitress service only.
17. Staff shall be trained in respect of the fire risk assessment and health and safety risk assessment. All findings from these policies shall be properly implemented at the premises.
18. First aid facilities shall be maintained at the premises.
19. 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.
20. 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.
21. All outside tables and chairs shall be rendered unusable by 22.00 hours each day.
22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
23. 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.
24. The number of seated persons inside the premises (excluding staff) shall not exceed 23 persons.
25. Alcohol shall only be supplied for consumption on the premises to persons who are seated.
26. There shall be no self service of alcohol.
27. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
28. 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.
29. The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.
For the purpose of this condition a ‘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.
30. 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.
31. 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.
32. 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.
33. 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.
34. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
The date for appealing the decision will not start until the Full Reasoned Decision has been sent to the Parties
Licensing Sub-Committee
12 January 2023
Supporting documents:
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Cafe Society report_Redacted, item 2.
PDF 589 KB - Restricted enclosure View the reasons why document 2./2 is restricted