Agenda item
CA Japanese Pancakes, 324 Vauxhall Bridge Road, SW1V 1AA
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 9 February 2023
Membership: Councillor Angela Piddock (Chair) Councillor Judith Southern and Councillor Jim Glen
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Georgina Wills
Presenting Officer: Kevin Jackaman
Also Present Ayesha Bolton, Environmental Health
Peter Mayhew, Agent, Beyond the Blue, Global Partners Bd
Limited Mohammed Siraj – Director, Global Partners Bd Limited
Mr Hillman, Resident
Application for a New Premises Licence in respect of Wok and Fire 326 Vauxhall Bridge Road London SW1V 1AA 22/11099/LIPN
FULL DECISION
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Wok & Fire at 326 Vauxhall Bridge Road London SW1V 1AA. Wok & Fire is a chain of three restaurants and take-aways which serve traditions Pan Asian Fusion Cuisine for consumption on the premises and for take-away and delivery. The food is cooked to order for customers attending the Premises, which is located on the ground floor with a small preparation area and small office space on the first floor.
The Premises have the benefit of two existing premises licences (Licence numbers 16/03312/LIPDPS and 16/06647/LIPN). Both Licences are currently suspended for non-payment of the annual fee by the previous licence holder.
The Premises are located within the Vincent Square Ward and have been operating for almost three years. They are now seeking to licence the Premises for Late Night Refreshment until 01.00 with no alcohol sales.
The Applicant is aware that the hours applied for fall outside Westminster’s core hours policy under its SLP. However, the Applicant asserts that the nature of the food served at the Premises and the ability for people to remain inside when ordering or eating, along with the proposed measures/conditions to be put in place to prevent nuisance, means that Public Nuisance will be less of a concern than with similar styles of premises.
There is no policy presumption to refuse applications outside of the West End CIZ. Therefore, the Applicant must demonstrate that they have had regard to the considerations contained in the Victoria SCZ under the terms of the SLP. 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.
Representations were received from the Environmental Health Service, Metropolitan Police Service and one local resident all citing concerns regarding public nuisance and crime and disorder.
There is a resident count of 99.
Premises
Wok and Fire
326 Vauxhall Bridge Road
London
SW1V 1AA
Applicant
Global Partners Bd Limited
Ward
Vincent Square
Cumulative Impact
N/A
Special Consideration Zone
Victoria
Activities and Hours applied for
Opening Hours for the Premises
Monday to Saturday 11:00 to 01:30
Sunday 11:00 to 00:30
Late Night Refreshments
Monday to Friday 23:00 to 01:00
Sunday 23:00 to 00:00
Representations Received
· Metropolitan Police Service (PC Dave Morgan) withdrawn
· Environmental Health Service (Ayesha Bolton) (EHS)
· One resident
Summary of Representations
- The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
- I am writing to inform you that the Metropolitan Police, as a Responsible Authority, are objecting to this application as it is our belief that if granted, the application would undermine the Licensing Objectives, namely the Prevention of Crime and Disorder. The applicant is seeking Late Night Refreshment for: Monday to Saturday: 2300 to 0100 Sunday: 2300 to 0000. The venue is situated within the Victoria Special Consideration Zone and the hours sought are beyond Westminster Councils Core Hours Policy.
- As stated in Westminster Councils Fast Food Policy, venues which are open after 11pm can attract large groups of customers, many of whom have been consuming alcohol in pubs, bars, or night clubs sometimes some distance away. The congregation of people around these premises leads to additional noise and disturbance and further congestion in the area. I am therefore concerned that this venue could become a ‘destination point’ for people who have consumed alcohol which may lead to further antisocial issues within the area. Although you have supplied a number of conditions to help promote the licensing conditions, there are some further conditions that I would like to see added to the licence. However, before I send these, can you please provide me with further information on how your client will regulate your conditions 7 and 9 (i.e. have you considered the need for SIA?)
- This premises forms part of the ground floor of our residential block. I & my neighbours strongly object to this licence which will further exacerbate the late night nuisance, particularly noise & smell , caused by this establishment. The existing problems caused until 23.30hrs (often exceeded) is bad enough without an additional attraction to 'late nighters' of extended opening hours. As the granting of this licence is contrary to permitted hours of Westminster Licencing is should be refused on those grounds alone
Policy Considerations
Polices SCZ1, and FFP1(A) apply under the City Council’s Statement of Licensing Policy (“SLP”)
SCZ1
A. 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. For the purpose of Clause A, the designated Special Consideration Zones for this application is the Victoria SCZ.
FFP1 (A)
A. Applications outside the West End Cumulative Zones 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 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 meet the definition of a fast food premises in Clause D.
D. For the purposes of this policy a Fast Food Premises is defined as: 1. A premises that provides late night refreshment, either by way of fast food over a counter, via a self-seating basis or take away for immediate consumption.
2. Food and drink are:
a. Available on the premises for self-selection.
b. Prepared on the premises.
c. Cooked or produced off the premises but brought to that premises in advance of its sale to customers.
3. The food and drink are provided in pre-sealed or open disposable packaging which is intended for immediate consumption.
4. A fast-food premises can provide a delivery service as part of its operation, however that service must be ancillary to the main function of the premises as defined within sub-clauses D,1 to D,3 above.
DECISION AND REASONS
Mr Kevin Jackaman, Presenting Officer summarised the application set out in the report before the Sub-Committee. He explained that the application was for a New Premises Licence in respect of Wok and Fire at 326 Vauxhall Bridge Road London SW1V 1AA. The Applicant is seeking to provide late night refreshment until 01:00. The EHS and a resident had maintained representation. The MPS withdrew their representation on 5 January 2023. The Premises is situated in the Vincent Square Ward and located within the Victoria CIZ.
Mr Peter Mayhew Agent appearing on behalf of the Applicant addressed the Sub-Committee. Mr Mayhew advised that the Premises was a small venue with a simple menu. Food was prepared at the front of the Premises and that customers could either consume produce in the Premises or be provided a ‘take away’. He advised that the application was ‘low risk’ as no alcohol or regulated entertainment had been applied for and that the EHS had been consulted upon regarding all aspects of the application.
Mr Mayhew stated that the Premises sought to attract post theatre audience, late night shift workers and night-time commuters. The Premises operating schedule had been amended since the application was submitted in November and now included some 20 proposed Conditions. He advised that mitigations were in place to prevent public nuisance and that capacity would be limited to 10 customers after 23:00 and that there were seven/eight Conditions proposed to deal with this specific issue, including signage being displayed which requires that customers respect neighbours and the local area upon dispersal.
Mr Mayhew gave an outline of the proposed Conditions and highlighted that the Applicant had to comply with the Council’s waste collection timetable. He advised that the proposed Condition by the EHS which required for no entry to the Premises after 23:00 hours would impact the business operational model and prove difficult. Mr Mayhew said that no food would be served after 01:00 hours and that the policy requirements would be met. There has been liaison with residents and the Premises contact details would be made available to this group which would be an ongoing dialogue dealing with any issues of nuisance including odours escaping from the Premises.
Mr Mayhew confirmed that the Premises would have three staff members present during operational hours and would receive appropriate training. Accordingly, there will be a written training manual for staff members to consult and comply with as necessary.
In answer to questions from the Sub-Committee, Mr Mayhew advised that staff members would be required to work with delivery drivers to ensure that they do not cause nuisance such as noise and advised that delivery companies also had in-house training for their employees. There would be limited parking in front of the Premises also.
Ms Ayesha Bolton appearing on behalf of the EHS addressed the Sub-Committee. Ms Bolton advised that she had undertaken an inspection of the Premises and that most of the trade was during the lunch period and customers were mainly office workers although it is accepted the Premises are situated in a largely residential area. The Premises does not have a restaurant setting and there are no public conveniences available for customers.
Ms Bolton advised that customers were required to wait for their food once they have placed orders and that seating was provided. She advised that during her inspection there were 10 customers inside the Premises and informed that the majority of sales were for take aways. Ms Bolton advised that there were concerns that the proposed number of customers permitted inside the Premises may cause a nuisance alongside delivery drivers.
Ms Bolton confirmed that the Applicant would be required to comply with the Council’s waste and refuge collection scheduled as previously stated by Mr Mayhew. In response to questions from the Sub-Committee, Ms Bolton stated that the Premises capacity should be reduced to seven customers seated with three permitted to stand. She said that delivery drivers should be required to remain in the Premises when collecting deliveries and that the proposed conditions were satisfactory.
Mr Hillman a local resident addressed the Sub-Committee. He advised that there were concerns regarding nuisance escaping from the Premises and this included noise, odour and customers loitering outside the vicinity. He advised that resident’s kitchen and bedroom windows were located near the Premises and odour would ‘tunnel up’ through these entrances. He felt this type of nuisance would worsen during the summer months. The Sub-Committee noted that there was restricted parking outside the Premises and uncertainty where delivery drivers would park their vehicles as well as concerns on their impact on traffic and congestion.
Following discussions, the Sub-Committee noted that a Condition had been proposed which prohibited any odour from being emitted from the Premises and were informed that a £10,000 investment in the venue had been made to address this specific issue. The Sub-Committee was informed that the extractors should be regularly serviced, and it was preferred for them to have an eco-friendly operational system.
In response to questions from the Sub-Committee, Ms Bolton advised that extractors funnel should be at least 1 metre away from buildings and that all appliances would be required to eliminate odours and that residents could report any breaches to Environmental Health which would be properly investigated.
In response to questions from Mr Horatio Chance, the Legal Advisor to the Sub-Committee, Mr Mayhew advised that a Condition which limited the Premises capacity to 10 would be agreed and that Model Condition 24 which required for a member of staff’s contact number to be made available would be accepted. The Conditions proposed by Environmental Health would also be accepted.
In summing up to the Sub-Committee, Mr Hillman advised that there were concerns regarding loitering and individuals congregating near the Premises. He advised that dining should be prohibited after 23:00 hours.
In summing up to the Sub-Committee Ms Bolton advised that the Premises operated as a café, had permission to operate as a full kitchen and was a small unit. She advised that the EHS did not object to the Application and that the Sub-Committee was required to determine what operations would be appropriate after core hours.
In his summing up to the Sub-Committee, Mr Mayhew advised that the Premises was a small unit and that measures had been implemented to address concerns of residents that will promote the licensing objectives. He advised that the Premises capacity would not exceed 10 and that the Condition which stipulates that no entry to the Premises should take place after 23:00 hours should be removed as it did not support the operational business model.
Conclusion
The Sub-Committee realises that it has duty to consider each application on its individual merits and did so when determining the application.
The Sub-Committee noted that the Applicant operates a chain of three restaurants and take-aways which serve traditional Pan Asian Fusion Cuisine for consumption on the premises and for take-away and delivery. The food is cooked to order for customers attending the Premises, which is located on the ground floor with a smaller preparation area and small office space on the first floor. This particular Premises has operated for nearly three years and is now seeking to licence the Premises for Late Night Refreshment until 01.00 which is outside Westminster’s core hours policy.
There is no policy presumption to refuse the application for a Premises catering for fast food outside of the West End CIZ.
The Sub-Committee concluded that the Applicant had provided valid reasons as to why the application should be granted. There are a number of comprehensive conditions on the licence that will deal with the issue of nuisance so the right balance had been struck when considering the needs of local residents and the ability of the PLH to run his Premises in a way that will promote the licensing objectives rather than hinder it.
The Sub-Committee noted the concerns of the local resident when it came to the issue of potential nuisance but there was no evidence before the Sub-Committee to suggest that the Applicants running of the Premises would lead to the matters complained off in the representation for a refusal of the application when open until 01:00. The key test before the Sub-Committee is to establish whether the licensing objectives are to be promoted by the Applicant when running the Premises until the terminal hour and what necessary safeguards are to be put in place.
The Sub-Committee concluded based on the evidence that the Applicant would promote the licensing objectives with the conditions that are now imposed on the Premises Licence. These conditions will help mitigate the concerns raised by those who had objected to the application namely the EHS and local resident on public nuisance grounds. The Sub-Committee took comfort from the fact that the Applicant was to work in partnership with local residents going forward when it came to noise and fumes emanating from the Premises to ensure this would not create problems and thus promote the licensing objectives.
However, the Sub-Committee took the view also that if problems do occur regarding nuisance issues, then residents are advised to report their concerns in the first instance to the Council’s EHS for investigation.
The Sub-Committee noted that the Premises was located in the Victoria Special Consideration Zone and that the requirements of Paragraph D54 under the City Council Statement of Licensing Policy had been demonstrated by the Applicant.
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 Saturday 23:00 to 01:00 Sunday 23:00 to 00:00 Seasonal variations: None
2. To grant permission for the Opening Hours of the Premises Monday to Saturday 11:00 to 01:30 Sunday 11:00 to 00:30 Seasonal variations: None
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 appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the Applicant
5. Appropriate induction training shall be undertaken with all relevant staff to cover appropriate subjects for their role including:
a. The hours of operation
b. Preventing Public Nuisance
c. Fire safety & emergency evacuation procedures
6. All training shall be recorded and training records made available on request to an authorised officer of the Licensing Authority or the Police.
7. 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 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 or searching equipment or scanning equipment
g. any visit by a relevant authority or emergency service.
8. The delivery of food shall only be made to a residential or business address, where the customer uses that address as an official place of residence or their recognised designated place of work. The delivery of alcohol shall not be made or completed in a public place (on the street, in a park, by the bus stop, etc.
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 is 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 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 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.
11. A Zero Tolerance Policy towards the use, possession and supply of illegal drugs shall be adopted and enforced.
12. No new admissions or re-admissions shall be allowed to the premises after 01.00. Signage to this effect shall be displayed at the premises
13. A fire risk assessment shall be conducted and regularly reviewed. In-line with the Fire Risk Assessment:
a. An integrated fire detection and alarm system is installed, checked, regularly tested and maintained by a competent person.
b. Fire extinguishers are installed in accordance with the recommendations of the fire risk assessment.
c. Emergency lighting is installed in accordance with the recommendations of the fire risk assessment.
d. All emergency exits are marked on the premises plan.
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
15. Deliveries related to the permissible Licensable Activities shall not take place between the hours of 22.00 and 06.00
16. 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.
17. 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.
18. 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.
19. No amplification system or speakers shall be used in the external areas of the premises.
20. Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the licence premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.
21. Unaccompanied children under the age of 18 years shall not be permitted on the premises after 23.00 on any day.
22. The number of persons accommodated at the premises after 23:00 at any one time shall not exceed 10 persons (excluding staff).
23. The premises Licence Holder shall ensure that riders/drivers will be instructed not to loiter in the vicinity of residential premises.
24. The premises Licence Holder shall ensure that riders/drivers will not be permitted to congregate in the immediate vicinity of the premises.
25. The premises Licence Holder shall ensure that riders/drivers will not be permitted to smoke in the immediate vicinity of the premises.
26. All outside tables and chairs shall be rendered unusable by 23:00 each day.
27. All windows and external doors shall be kept closed after 23:00 hours except for the immediate access and egress of persons.
28. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
29. 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.
30. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 06.00 hours on the following day.
31. 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
9 February 2023
Supporting documents:
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324 Vauxhall Bridge Road report_Redacted, item 4.
PDF 2 MB - Restricted enclosure View the reasons why document 4./2 is restricted