Agenda item
AMICI, Basement, 187 Wardour Street, W1F 8ZB
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 4th May 2023
Membership: Councillor Robert Eagleton (Chair)
Councillor Angela Piddock and Councillor Caroline Sargent
.
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Daisy Gadd
Committee Officers: Katherine Stagg / Georgina Wills
Presenting Officer: Kevin Jackaman
Other Parties: Ms Lana Tricker (LT Law) on behalf of Caprice London Ltd (the Applicant), Mr Walid Salem (Operations Manager) on behalf of Caprice London Ltd, Karyn Abbott (The Licensing Authority), Maxwell Koduah (Environmental Health), Mr Tony Miah (City Inspectorate), PC Tom Stuart (Metropolitan Police Service), Richard Brown (Legal Representative, Soho Society), Marina Tempia (Soho Society) and Alex Phillips (Caprice London Ltd).
Application for Variation of Premises Licence in respect of Amici Basement 187 Wardour Street London W1F 8ZB – 23/00460/LIPV
Full Decision
Premises
AMICI
Basement
187 Wardour Street
London W1F 8ZB
Applicant
Caprice London Limited
Ward
West End
Cumulative Impact Area
West End Cumulative Impact Zone
Licensable Activities and Hours applied for
Conditions proposed to be varied.
Condition 12
The venue shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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 venue 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31-day period.
To
Condition 12
12 (a) 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.
12 (b) 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.
Current
Condition 25
“The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 95 persons.”
To
Condition 25
The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 70 persons.”
Conditions proposed to be added
· After 23.30 Thurs and midnight Fri and Sat the capacity of the premises shall not exceed40 persons (excluding staff)
· After 23.30 Thurs and midnight Fri and Sat alcohol may only be sold for consumption by members of a private club and their bona fide guests (not exceeding (4) guests per member). No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.
· A list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book showing the names and dates of attendance of any guests introduced by members. Both the list and the book shall be produced on demand for inspection by the police or an authorised officer of the Council.
· A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
· 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.
· 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.
There will be no change to permissions Sunday to Wednesday and no change to the restaurant conditions.
Hours Premises are Open to the Public
Current
Monday to Thursday 11:00 to 00:00 hours
Friday to Saturday 11:00 to 00:30 hours
Sunday 12:00 to 23:00 hours
To
Monday to Wednesday 11:00 to 00:00 hours
Thursday to Saturday 11:00 to 02:15 hours
Sunday 12:00 to 23:00 hours
Sale by Retail of Alcohol
Current
Monday to Thursday 11:00 to 23:30 hours
Friday to Saturday 11:00 to 00:00 hours
Sunday 12:00 to 22:30 hours
To
Monday to Wednesday 11:00 to 23:30 hours
Thursday to Saturday 11:00 to 02:00 hours
Sunday 12:00 to 22:30 hours
Late Night Refreshment (Indoors)
Current
Monday to Thursday 23:00 to 23:30 hours
Friday to Saturday 23:00 to 00:00 hours
To
Monday to Wednesday 23:00 to 23:30 hours
Thursday to Saturday 23:00 to 02:00 hours
Performance of Live Music (Indoors)
Current
Monday to Thursday 11:00 to 23:30 hours
Friday to Saturday 11:00 to 00:00
Sunday 12:00 to 22:30
To
Monday to 11:00 to 23:30 hours
Thursday to Saturday 11:00 to 02:00
Sunday 12:00 to 22:30
Provision of Recorded Music (Indoors)
Current
Monday to Thursday 11:00 to 23:30 hours
Friday to Saturday 11:00 to 00:00 hours
Sunday 12:00 to 22:30 hours
To
Monday to Wednesday 11:00 to 23:30 hours
Thursday to Saturday 11:00 to 02:00 hours
Sunday 12:00 to 22:30 hours
Activities and Hours sought
Performance of live music (indoors)
Thursday to Saturday 23:00 to 02:00
Summary of Application
This is an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operate as a restaurant and lounge and sought.
1. To extend the permitted hours for retail sale of alcohol, late night refreshment and recorded music on Thursdays from 23.30 to 02.00 and Friday to Saturday extend from 00:00 to 02:00.
2. To add live music as a licensable activity from 23.00 to 02.00 Thursday to Saturday.
3. Reduce the capacity of the premises overall from 95 to 70 persons.
4. To vary and update Conditions 12 and 25 and to include additional conditions
There will be no change to permissions Sunday to Wednesday and no change to the restaurant conditions.
The Premises have had the benefit of a Premises Licence since 2010 and hold an existing licence under reference 21/14479/LIPDPS.
The Premises are located within the West End Ward and West End Cumulative Impact Zone but not within the Special Consideration Zone. There is a resident count of 60.
Representations Received
· Metropolitan Police Service (MPS) (PC Tom Stewart)
· Environmental Health Service (EHS) (Maxwell Koduah)
· Licensing Authority (LA) (Jessica Donovan)
· X4 Local residents
· Amy Phillips on behalf of Paramount House Freehold Limited
· Alex Phillips on behalf of Phillips and Southern Limited
Issues raised by Objectors.
The Metropolitan Police Service:
· If the variation is granted it would undermine the licensing objective: the prevention of crime and disorder.
· The application does not demonstrate exceptional circumstances, nor does it show how the proposed operation will not adversely affect the licensing objectives, in particular the prevention of crime and disorder.
Environmental Health Service:
The licensable activities would have the likely effect of causing an increase in Public Nuisance within the West End Cumulative Impact Zone and may impact on Public Safety.
Licensing Authority:
The Licensing Authority has concerns in relation to this application and how the premises would promote the four licensing objectives:
· Public Nuisance
· Prevention of Crime and Disorder
· Public Safety
· Protection of Children from Harm
Local Residents:
· Local residents had raised objections on the grounds of the Prevention of Public Nuisance, Prevention of Crime and Disorder and the application being contrary to the Councils’ cumulative impact policies and the proposed mitigation to address concerns being inadequate.
The Soho Society:
· This application is contrary to the Pubs and Bars (PB1), Core Hours HRS1 and Cumulative Impact CIP1 Policies.
· It will fail to promote the licensing objectives and increase cumulative impact in the West End Cumulative Impact Zone.
· We reject the applicants attempt to present a possible exception to policy with the creation of a new private members club by offering a reduction in capacity of the restaurant.
Policy Considerations
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.
2. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
3. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
4. The existing hours of licensable activities and the past operation of the
Premises (if any) and hours of licensable premises in the vicinity.
RNT1
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 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 application and operation of the venue meeting the definition of a restaurant as per Clause C.
SUBMISSIONS AND REASONS
Mr Kevin Jackaman outlined the application to the Sub-Committee. He advised that representations had been received from the Metropolitan Police Service, Environmental Health, the Licensing Authority and seven interested parties including the Soho Society. He informed that the Premises is located within the West End Ward and West End Cumulative Impact Zone (CIZ) but was not in a Special Consideration Zone. He confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.
Ms Lana Tricker on behalf of the Applicant outlined the application before the Sub-Committee. She explained that the Applicant was applying for a variation of the premise license with no changes to the license on a Sunday to Wednesday. The Premises trades as a Mediterranean and Middle Eastern cuisine restaurant with a menu which changes monthly. The clientele are largely couples in their 30s and 40s. She explained that alcohol would only be served to clienteles that are seated, be waitered and also ancillary to a meal. This would not change if the license were to be granted and was similar to the Model Condition 66 (MC66). The MC66 would be accepted if the Licence is granted.
Ms Tricker informed the Sub-Committee that the Applicant sought a license up to 02:00Hrs on a Thursday to Saturday and would run as a membership only restaurant past the core hours. The Applicant would know the clientele and the general public would have to leave the Premises before the end of core hours. She informed the Sub-Committee that conditions 32 and 33 on the proposed license are WCC model conditions. The Applicant wished to open later as patrons are wanting to eat later and more exclusively. They want to take advantage of this and introduce a £500 a year membership fee to produce more revenue to keep them financially viable. She informed the Sub-Committee that the membership scheme will allow them to easily identify anyone that misbehaves and causes any disturbances.
Ms Tricker informed the Sub-Committee that the Applicant had not applied for any events within the variation as they will be always operating as a restaurant and can apply for a temporary license for events if needed. She informed the Sub-Committee that music was not played loud in the Premises as it is just background music. They sought recorded and live music within the application just in case there is a request for singers. She advised the Sub-Committee that there had been two complaints of music escaping the Premises in October and December 2022 where officers did visit the venue and saw that doors were closed. On one occasion the officer did say there was an increase in bass and asked the Premises to turn it down. Ms Tricker informed the Sub-Committee that two doors down from the Premises is Simmons a late-night venue so there is no verification that the noise was from the Premises as the complainant lives about 50 meters away from the Restaurant. She informed the Sub-Committee that the Applicant is not complacent about noise escape and nuisance in the cumulative impact zone and the dispersal policy is set out clearly in the paper. There has been no particular Police complaints by patrons or them being victims of crime. She advised that further condition had been offered and this included patrons being seated and that a full list of conditions were listed in the additional papers and were in line with the Council’s F112 Policy.
Ms Tricker highlighted that the objections received from the Metropolitan Police Service, Environmental Health and the Licensing Authority were all on policy grounds. The Application includes a general reduction of 25 from 95 patrons to 70 up to 23.30Hrs on Thursdays and 00:00Hrs on Fridays and Saturdays, and 40 patrons in the extended hours. Two-hour reservations would be taken to ensure the smooth reduction to 40 in the extended hours and security will be present after 23:00Hrs and the applicant has no objection to keeping the mentioned for 30 minutes after dispersal. The last booking will take place at 01:00Hrs She informed the Sub-Committee that the Application also tightened up other conditions on the license. There is no large activity outside with the smoking area, holding 5 or 6 at once, and doors will be managed. There is also no advertising of alcohol outside the Premises and the operation conditions ensure that it is not open to the general public after core hours. She informed the Sub-Committee that the Applicant understood the local resident concerns and had a direct line to management and no contact from them had been made. The Application also includes Conditions on noise and refuge and these concur with the Council’s Model Conditions. She highlighted that the Premises would operate as a restaurant for 40 people during extended hours with the added protection that it will only be for members. If there are any breaches of conditions these can be dealt with by the Responsible Authorities.
In response to questions Ms Tricker informed the Sub-Committee that the reduction in capacity after 23.30Hrs would be enforced. She advised that the Premises website will advised that it operates as a restaurant with non-member bookings only available 2 hours before 23.30Hrs. As the Premises is not a bar it will be simply ensuring non-member tables complete their meals and leave by then. In response to why this application was exceptional Ms Tricker highlighted that it will not have mass dispersal at 02:00Hrs and patrons would be filtered out slowly. She also highlighted that the Premises capacity would decrease after core hours and only members who paid fees would be permitted to remain during this period, there would be increased security and highlighted that the venue operating as restaurant would have a less of an impact on the CIZ. Ms Tricker advised that the Applicant was aware or the wider global issue regarding the CIZ. She also confirmed that the Applicant would accept the Model Condition 66 (MC66)
Mr Walid Salem, Applicant, in response to questions confirmed that new members will have to pay a £500 annual fee. He informed the Sub-Committee that if they have been to the premise or have contact to them, they can make an application with a form requesting all their details. Then the office will process it and wait 48 hours for confirmation. Mr Salem informed the Sub-Committee that they would welcome their close business connections into the membership for late dinners. Mr Salem also confirmed that they have never seen more than 7-8 people in the designated smoking area at one time, they did have electronic shisha at one point but following an Environmental Health request to not have it in a restaurant they stopped offering it. Ms Tricker on the dispersal at 02:00hrs confirmed that the worst-case scenario is that 40 people will leave at this time, however was of a view that this would not happen as the Premises had a dispersal policy and the Restaurant assists their patrons in booking taxis and Ubers. They also can give tables bills at different times to help stagger the dispersal. Mr Salem confirmed this is the case and they do not allow their members to stand outside waiting for taxi’s as they inform them when their onward travel is outside.
Mr Maxwell Koduah from Environmental Health asked some questions to benefit the Sub-Committee on the dispersal policy. In response Ms Tricker informed that the Applicant would manage the dispersal from within the premise by ensuring clientele leaving the Premises would be staggered and informed that the Premises had a noise lobby. She also informed the Sub-Committee that due to the membership scheme if individuals are disruptive, the member of staff at the front door would be able to recognise the patron and subsequently they can have their membership suspended or revoked. She had advised that they have not had to do this yet with any of their clientele.
Mr Koduah advised the Sub-Committee that he had not visited the Premises and that Mr Tony Miah City Inspector had and was present at the meeting. He informed the Sub-Committee of two items of relevance: why the restaurant wants to include live music if they were not keen on going ahead with it and how to manage the reduction in capacity. He informed the Sub-Committee that if the live music be granted in the license, then Environmental Health believe that Model Condition 23 should be triggered after 23.30Hrs. He also informed the Sub-Committee that the 40 patrons after 00:00Hrs adds a risk of disruption in the CIZ. He highlighted that there would be an additional 40 people in the area for 2 hours. He advised that Environmental Health was satisfied with the SIA. The Sub-Committee was informed that the SIA would help to manage nuisance, but this would be restricted to the Premises and not the wider area.
Mr Tony Miah, City Inspector, informed the Sub-Committee that he had recently visited the Premises during the previous week and that Mr Salem was present. He advised that Mr Salem was not aware of some of the Conditions on the License and was unable to initially provide CCTV footage from the previous evening. Mr Salem was only able to show two screens for the outside area and nothing for the inside. He informed the Sub-Committee that the local area had dozens of late-night venues in the locality and this included Simmons. He advised that the Premises operating until 02:00Hrs or 03:00Hrs would have an impact on local residents.
In response to questions Mr Koduah informed the Sub-Committee that they have received three noise complaints for the Premises. The first predates the current ownership but the last two were in October and December 2022 where no notice was served, but residents had written to the Environmental Health with these complaints. They were due to loud music coming from the Premises with one being after 22:00Hrs and the other at 02.15Hrs when they were holding an event. He informed that Model Condition 11 would have to come into force after 23.30Hrs.
Mr Miah in response to question confirmed that the visit was a routine visit during a busy night so did not ask to see the inside CCTV footage. That said he advised that he had concerns on public safety on the Premises with emergency signage not illuminated and the Restaurant could use further signage, the fire extinguisher had not been inspected for 2 years despite it needing to be inspected annually. The CCTV coverage inside was poor with nothing covering the cavern areas where problems could happen but would not be seen. A member of staff also mentioned that electronic shisha was used in the Premises and Mr Miah advised that in the areas where it is offered you do get an increase in anti-social behaviour. He advised that the membership scheme for the extended hours and knowing the clientele deters public nuisance is a valid position. Mr Miah advised that clienteles who departed in private expensive and show vehicles could cause public nuisance due to their loud engine noises. Ms Tricker confirmed that all issues raised in the City Inspectors visit have since been dealt with and remedied including the CCTV.
Ms Karyn Abbott, Licensing Authority, advised that the application was outside the core hours and the extension could add to the CIZ in a saturated area of late-night licenses. She advised that the Sub-Committee would have to be satisfied that the additional 40 people after core hours would not have an adverse impact.
PC Tom Stuart, Metropolitan Police Service, informed the Sub-Committee that they had maintained representation due to the location of the Premises being in the West End Cumulative Impact Zone. While he accepts that the issues do not arise from the Premises directly and that an increase of 40 people is not large it does add to the number of people in the area between 00:00Hrs and 02:00Hrs when crime is at its peak. He informed the Sub-Committee that there had been an increase in violence which included robberies and sexual assaults. The location of Wardour Street is a thorough fare between the West End and Oxford Street and even if additional 40 people do not misbehave, they may become victims of crime with the additional 2 to 3 hours for them to consume alcohol and increase their vulnerability. He advised that the levels of crime are greater than pre pandemic when the CIZ were put in place. In response to questions PC Stuart confirmed that wealthier patrons are more likely to be targets of robbery and become victims. He advised that the location had many exits off via Wardour Street and gave criminals different exit routes.
Mr Richard Brown, Westminster’s Citizens Advice, representing the Soho Society and resident Mr Miller informed the Sub-Committee that the extension of two hours on the busiest days of the week are contrary to the aims of the CIZ Policy. He advised that after core hours private members only clubs were not viewed as being exception to the policy. He advised that there had been no engagement or mediation on this application by the Applicant with either the Soho Society or local residents. Mr Brown raised concerns over how the premise would be managed in particular following the reduction of the clientele to 40 after core hours and the different styles of operations. Mr Brown advised that Mr Miller had submitted two noise complaints to the Council following trying to engage with the Premise on multiple occasions. The complaints were during two Temporary Events Notices (TENs) where music was audible outside the restaurant when the front door was not closed highlighting that nuisance is likely if granted. Mr Brown confirmed that the Applicant had been polite and helpful when Mr Miller had been in contact with them but due to the reoccurring nature of nuisance experienced, he had escalated concerns to the Council.
Mr Brown informed the Sub-Committee that a recent survey by Soho Society found that 59% of residents had had their sleep disturbed on 3 nights a week. He informed that the reduction in capacity in core hours does not mitigate the increase of 40 additional patrons being in the vicinity outside core hours. The Premises website advertised that it is a restaurant and cocktail bar with happy hours from 16:00Hrs-close Tuesdays to Thursdays. Mr Brown advised that he was successfully able to book a table for happy hour for 22.30Hrs. He informed that it would be difficult to enforce the Condition which required alcohol to be ancillary to food during the extended hours. Mr Brown highlighted that adopting a membership only system did not add any protection and commented that with a capacity of 40 if all members bring 4 guests, staff would not know all the patrons. Mr Brown advised that he had misgivings on whether the demographics of the clientele could be used as an exception and commented that there would still be more people in the area which could led to crime and disorder and impact on already over stretched Police resources.
Mr Alex Phillips representing Phillips and Southern Ltd, advised that they had 8 flats in Paramount House and that the building was situated opposite the Premises. He informed the Sub-Committee that post the Covid-19 Pandemic their tenants had complained about anti-social behaviour and had left flats due to the noise nuisance. He informed the Sub-Committee that individuals used the entrance of the flats as a public convenience and last month they had an intruder break into the building by tailgating one of the residents. He also informed that in the warmer months, the Premises windows being left open would lead to noise emanating from the Premises and this would cause severe nuisances. In response to questions Mr Phillips informed the Sub-Committee that he heard of the issues second hand and on occasions these had been reported as the reasons why tenants had given up their lease. Mr Phillips advised that he could not confirm whether nuisances was connected to Amici. He informed that the venue had been mentioned by one of the tenants that resided in Paramount House.
Ms Marina Tempia, Soho Society, informed the Sub-Committee that it was noted that there would only be an additional 40 people in the CIZ. She advised that over the years any increase in license premises had led to an increase in crimes and anti-social behaviour in the locality. She stated figures for the covid years of 2020-22 and informed that, 38 new licensed premises were granted which would add 2,500 people into the Cumulative Impact Zone. Out of the 38 new licenses, 5 of these licenses were granted outside of core hours with 781 additional people into the CIZ. She highlighted that this needed to be considered alongside the higher backdrop of individuals already in the area. She also highlighted that if patrons arrive at 00:00Hrs for dinner it was likely that they would have had alcoholic beverages beforehand and could cause public nuisance when leaving the Premises. These patrons could also likely become victims of crime if under the influence of alcohol. She advised that the exit routes both north and south of the Premises had a large amount of pedicabs and crowds during the evening due to the high number of late-night premises and that an additional 40 patrons would have impact.
In summing up, Mr Brown informed the Sub-Committee that there were concerns regarding the noise complaints during later hours from the venue and commented on the wider concerns found in the cumulative impact zone. He advised that it was preferred for the venue to operate within the core hours.
In summing up, Ms Tricker advised that the Premises was firmly a restaurant where alcohol was ancillary to food, be waitered and served to seated patrons. The Model Condition 66 would be accepted. She reiterated that it would only be for members after core hours, on a reservation system, with no off sales and dispersion would be staggered. The Premises would attract members for a later dinner who without it may go and seek further entertainment elsewhere. She informed the Sub-Committee that there had been no crimes or disorder at the Premises and these included patrons being intoxicated. The Applicant would not push for live or recorded music to be included and MC11 as requested from Environmental Health would be accepted. Their website will be updated regarding membership requirements and all members must record the names of their guests and this would enable for individuals to be easily identified if they cause any nuisance. She commented that patrons were not likely to contribute to any public nuisance such as vomiting and urinating near residential properties as alcohol would be ancillary to food and there are sufficient toilets in the Premises.
In summing up Mr Salem highlighted to the Sub-Committee that the Premises had been open for a year and two months and have had no Police visits or complaints. Mr Salem informed that both complaints which had been raised by the neighbour and been addressed. The Premises is situated next to the Chicken shop and the latter was reported to have large queues. He advised Simmons establishment was located nearby and that bass was not used in Amici Restaurant. He also informed that the last booking for dinner will be 21;00Hrs and will only accept member bookings afterwards.
In response to questions Mr Salem informed the Sub-Committee that there have been no problems from the Police and all the matters raised in the City Inspectorate’s recent visits had now been resolved.Ms Tricker informed the Sub-Committee that they are happy to accept the Model Conditions MC66 and MC11. She also clarified that the Premises had successfully applied for TENs which ended at 02.00Hrs and 03:00 Hrs. These TENs were for private members only and operated with the restaurant Condition.
Conclusion
The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers and the submissions made by all the parties, including the Metropolitan Police Service and Environmental Health Service, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.
In reaching its decision, the Sub-Committee was not persuaded that the Applicant had demonstrated that the Premises would not add to the West End cumulative impact or was an exception to Policy In particular with this Application being for after core hours to 02:00Hrs and there being an additional 40 people in the locality during these later hours
The Sub-Committee also noted that this Application would not promote or uphold the four licensing objectives, in particular Policy PN1, the Prevention of Public Nuisance The Sub-Committee noted in particular the submissions from the Metropolitan Police Service and the local residents who have had made previous noise complaints regarding the premises on dates in October and December 2022 when the applicant had held a special event license.
Therefore, having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Sub-Committee has decided, after taking into account all of the individual circumstances of this particular case to REFUSE the application.
The Sub-Committee agreed that the Applicant had not provided sufficient reasons as to why this Application was exceptional and how granting the variation of the Premises License would promote the four licensing objectives.
This is the Full Decision of the Committee which takes effect forthwith.
The Licensing Sub-Committee
4 May 2023
Supporting documents:
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AMICI_Variation Report_Redacted, item 1.
PDF 845 KB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted
- Restricted enclosure View the reasons why document 1./4 is restricted