Agenda item
Gelupo, 7 Archer Street, W1D 7AU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.1
(“The Committee”)
Thursday 12 January 202- Item 3
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: Thomas O’Maoileoin, Thomas and Thomas, Agent, BDL Restaurant Limited
Bruce Kamp, Applicant, BDL Restaurant Limited
Richard Brown, Westminster Citizen Advice Bureau, representing Marina Tempia of Soho Society
Marina Tempia of Soho Society
Application for Variation of Premises Licence in respect of Gelupo 7 Archer Street London W1D 7AU – 22/09398/LIPV
FULL DECISION
Premises
Gelupo 7 Archer Street
London
W1D 7AU
Applicant
BDL Restaurant Limited
Cumulative Impact Zone
West End
Ward
West End
Special Consideration Zone
The variations sought were as follows:
· To add the retail sale of alcohol for consumption on the premises.
· To amend the permitted hours for Late Night Refreshment to core hours.
· To amend current condition 8 as set out below.
Conditions proposed to be varied
Current
Condition 8.
A proof of age scheme, such as Challenge 21, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
To
Condition 8.
A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
Licensable Activities and Hours applied for
Opening Hours of the Premises:
Current
Monday to Wednesday: 11:00 to 23:00
Thursday to Saturday: 11:00 to 01:00
Sunday: 11:00 to 23:00.
To
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday: 10:00 to 22:30.
Sale by Retail of Alcohol (On Sales)
Current
Monday to Sunday: N/A
To
Monday to Thursday: 10:00 to 23:30
Friday to Saturday: 10:00 to 00:00
Sunday: 11:00 to 22:30
Late Night Refreshments:
Current
Monday to Wednesday: N/A
Thursday to Saturday: 23:00 to 01:00
To
Monday to Thursday: 23:00 to 23:30
Friday to Saturday: 23:00 to 00:00
Representations Received
Summary of Objections
The Soho Society had maintained representation on the grounds of the prevention of crime and disorder, prevention of public nuisance and cumulative impact in the West End Cumulative Impact Zone.
Summary of Application
This is an application for a variation of Premises Licence. The premises operate as an ice cream parlour and are situated within the West End Cumulative Impact Zone but not the Special Consideration Zone. The Premises have had the benefit of a Premises Licence (22/04036/LIPDPS) since 2010. There is a resident count of 221.
Policy Considerations
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, other than applications to:
1. Vary the hours within Core Hours under Policy HRS1 and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zone will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in clause A are defined within the relevant premises use policies within this statement.
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 inside the West End Cumulative Impact Zone will be considered on their own merits and 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 Applicant having demonstrated that they will not add to cumulative Impact within the Cumulative Impact Zone.
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 variation of an existing Premises Licence. The Applicant sought to add the sale of alcohol for consumption on the premises, amend the permitted hours for Late Night Refreshment to core hours and amend Condition 8. The Soho Society had made representation. There were additional representations received by the Soho Society and these were circulated to all parties. The Premises are situated in the West End Ward and in the West End Cumulative Impact Zone but not the Special Consideration Zone.
Mr Thomas O’Maoileoin on behalf of BDL Restaurant Limited advised the Sub-Committee that the Premises were an Ice Cream Parlour and had been in trade since 2010. The Sub-Committee were informed that Gelupo was one of the oldest establishments operating in Archer Street and was trading before regeneration began in the area. The Applicant also operates a Restaurant in the same vicinity for 15 years and was fully invested in the Area. He advised that the Applicant sought to increase their offer, and this included the sale of alcohol. The alcohol menu would be limited and include beverages such as Prosecco and Negroni. He advised that the sale of alcohol would be ancillary to the main function of the Premises, namely an Italian Ice Cream Parlour.
Mr O’Maoileoin advised that the Application met all Policy requirements and was exception to Policy. He informed the Sub-Committee that the Premises’ operational hours during the week had been reduced to core hours. He stated that the Applicant had liaised with the Soho Society regarding the Application. He stated that the Application fell under Policy SHP1 and reminded that its primary function was the sale of goods and therefore it should be classified as a shop. The Planning Application which had been granted also reflects this and the type of business rates which is currently paid. Mr O’Maoileoin advised that the Premises will remain as a shop and would not transfer into a bar or fast-food premises. He advised that the licence was limited and would not undermine any of the Policies or four Licensing Objectives. He highlighted that no representations had been submitted by the Responsible Authorities.
The Policy Officer informed the Sub-Committee that Policy SHP1 (Shop Policy) applied, and that the Premises also fell into the definition of the FFP1 (Fast Food Policy). The Sub-Committee were informed that ice cream could be consumed within and outside the Premises. The Policy Officer advised that the Application should be considered under FFP1 and was like other fast-food restaurants and highlighted that produce on sale were consumed in the same manner. The Sub-Committee were reminded that there was no presumption to refuse applications that fell under FFP1 which was made to vary licence hours to core hours. The Policy Officer reminded the Sub-Committee that the Applicant was required to demonstrate that the Premises would not add to the cumulative impact and would promote all four of the Licensing Objectives. The Sub-Committee were informed that the Premises having a limited alcohol menu would not suffice. Mr O’Maoileoin informed the Sub-Committee that the Applicant had reduced the capacity to 15 and that the Premises were currently trading and had been in operation since 2010.
In response to questions from the Sub-Committee, Mr O’Maoileoin advised that the operational model had been slightly changed in that the Premises would have a limited alcohol offer and that the main function will continue to be an Ice cream parlour. He informed the Sub-Committee that the Premises were in a residential area and no objections had been received from residents. Mr O’Maoileoin commented that The Soho Society had acknowledged that the Applicant was a good operator and was one of the first operators in the locality before the vicinity was regenerated. He advised that the Licence will be specific to the Applicant and enable the Premises to have a similar offer to several Patisseries based in Soho. The Sub-Committee were advised that most patrons would either be residents or tourists. Mr O’Maoileoin commented that he was of a view that FFP1 was designed to tackle issues associated with hot food outlets, such as littering and Anti-Social Behaviour. He advised that an Ice cream parlour attracted a different type of customers. The Sub-Committee were informed that if the Premises were considered under FFP1, there would be no change in its style of operation as ice cream would continue to be consumed both within and outside the Premises.
In response to questions from the Sub-Committee, Bruce Kamp, Applicant, BDL Restaurant Limited advised that the Premises were to be refurbished and part of the revised business model was increasing the offer to include a limited sale of alcohol. Mr Kamp advised that alcohol would be served to seated persons by waiter or waitress service. Mr Kamp confirmed that he was also the proprietor of the restaurant which was located at 12 Archer Street which was opposite the Premises. Following further questions from the Sub-Committee, Mr Kamp advised that a condition which required for a signage that informs patrons that they could use public conveniences at the main restaurant would be agreed.
Richard Brown, Westminster Citizen Advice Bureau, representing Marina Tempia of Soho Society advised that representation had been maintained to give views on the Policy Positions of the Application. Mr Brown advised that the Application did not fully meet PB1 (Public House) or FFP1 (Fast Food Policy). The Sub-Committee were informed that there were no concerns with the operational model of the Applicant. He highlighted that the application did not restrict alcohol to a meal and reminded that the Premises are in the Cumulative Impact Zone and there were concerns regarding later trading hours. The Sub-Committee were informed that Anti-Social Behaviour increased after 21:00 hours and that these nuisances began before this time frame. Mr Brown stated that the retail sale of alcohol for consumption on the premises was a new addition to the licence and hours applied for this licensable activity was beyond 21:00 hours.
Mr Brown informed that there was an increase in late night refreshment between Thursday and Saturday. The Sub-Committee were informed that the Soho District had a high level of crime in general and that the application would add an additional licence premises in the locality. He advised that it was welcomed that the capacity would be reduced to 15 persons and noted that the Licence would be personal to the Applicant. The Sub-Committee were reminded that they had to be satisfied that the application would not add to the cumulative impact and informed that alcohol not being ancillary to table meals would have this effect.
Marina Tempia of The Soho Society advised the Sub-Committee that there were other establishments which had been operating in the locality before the Premises opened in 2010. Ms Tempia stated that Great Windmill Street had previous issues with Anti-Social Behaviour, and illicit activities and these concerns were not as profound in Archer Street. She advised that any additional licenced premises would have an impact on the licensing objectives and cumulative impact. The Sub-Committee were advised that since 2021 there had been over 18 new alcohol licence being granted. This included four new premises licence which increased the number of individuals in the locality by 837. In 2022, 12 new licenced premises were granted, and this increased the capacity in the locality by 1420. Ms Tempia advised that there had been a constant increase in the number of licensable premises despite the cumulative impact zone policy being in place. Ms Tempia advised that robberies, assaults and sexual assaults crime statistics in the locality were at higher rate than the pre-covid figures. She informed the Sub-Committee that Applicants should only apply for hours which they wish to operate and highlighted that the Premises are only open at stated hours and there were concerns that the hours would be altered. In response to questions from the Sub-Committee, Ms Tempia advised that Anti-Social Behaviour started to increase from 18:00 hours onwards and that reduction in hours was preferred.
The Sub-Committee noted that the Premises’ operational hours were seasonal and are reduced during the winter. This included 00:00 in the summer on certain days and 22:00hrs in the winter. In response to questions from the Sub-Committee, Mr Kamp advised that the menu was to be reviewed and that the main offer would continue to be Ice Cream. Following questions from the Legal Officer, Mr O’Maoileoin confirmed that a condition which required for the sale of alcohol to be ancillary to food would be accepted.
Conclusion
The 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 the oral evidence given by all parties during the hearing in its determination of the matter.
The Sub-Committee noted that the Applicant had agreed to several conditions which included that the sale of alcohol will be ancillary to food and there be signage displayed which informs patrons that they could use public conveniences at 12 Archer Street. The Sub-Committee noted that the Premises Licence would be personal to BDL Restaurant Limited, and the main function of the establishment would be an Ice Cream Parlour. The Applicant was noted as being a good operator It was also noted that there were no representations by the Responsible Authorities.
Accordingly, the Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not add to negative cumulative impact in the Cumulative Impact Zone and thus promoting the licensing objectives.
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 the sale of alcohol for consumption on the premises.
2. To grant permission to amend the permitted hours for Late Night Refreshment
core hours.
3. To grant permission to amend condition 8 of the current Premises Licence in
the terms specified below.
4. To grant permission to add conditions in the terms specified below.
5. That the Licence is subject to any relevant mandatory conditions.
6. That the existing conditions on the Licence shall apply in all respects except
in so far as they are varied by this Decision.
7. That the varied Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions on the Current Licence
6. Off sales of alcohol will not be permitted after 23:00 hours Monday to Saturday and 22:30 hours on Sunday.
7. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
8. A proof of age scheme, such as Challenge 25, shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence or passport.
9. 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. Recordings shall be made available immediately upon the request of Police or Authorised Officer throughout the preceding 31-day period.
10. 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 to the public. This staff member shall be able to show the Police recent data or footage with the absolute minimum of delay when requested.
11. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
12. There shall be no self service of alcohol at the premises.
13. No more than 10% of the sales area to be used at any one time for the sale, exposure for sale, or display of alcohol.
14. A log shall be kept detailing all refused sales of alcohol. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log 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.
15. 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, which will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any incidents of disorder
(d) any faults in the CCTV system or searching equipment or scanning equipment.
16. There shall be a minimum of two employees present on the premises during the hours when licensable activities take place.
17. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
19. Alcohol sales shall be limited to Italian beers, wines and spirits only.
20. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
21. No super-strength beer, lagers or ciders of 5.5 % ABV (alcohol by volume) or above shall be sold at the premises.
22. There shall be no take-away of hot food or hot drink after 23.00 hours.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
23. The hours for on-sales shall be until 23.30 hours Monday to Thursday; midnight Friday to Saturday and 22.30 hours Sunday.
24. The sale of alcohol on the premises shall at all times be ancillary to the main function of the premises as a gelato/ ice cream parlour.
25. The premises shall only operate as Gelupo and this licence shall be personal to BDL Restaurant Limited.
26. 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.
27. The supply of alcohol on the premises shall be by waiter or waitress service only to persons seated.
28. The number of persons seated in the premises at any one time shall not exceed 30 persons excluding staff.
29. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours.
30. No waste or recyclable materials, including bottles, shall be moved, removed
or placed in outside areas between 23.00 hours and 08.00 hours.
31. The sale of alcohol for consumption on the premises shall be ancillary to food.
32. Notice shall be displayed on the premises advising customers how they can access WC facilities.
The date for appealing the decision will not start until the Full Reasoned Decision has been sent to the Parties.
The Licensing Sub-Committee
12 January 2023
Supporting documents:
-
Gelupo report_Redacted, item 4.
PDF 2 MB - Restricted enclosure View the reasons why document 4./2 is restricted
- Restricted enclosure View the reasons why document 4./3 is restricted