Agenda item
43 Warwick Way, SW1V 1QS
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: Mr Joseph Abou-Khalil on behalf of Two Crazy Perros Ltd (the applicant company), Sally Fabbricatore (Environmental Health) and Mr Richard Brown (Citizens Advice Westminster) representing Ms Middleton, local resident.
Application for New Premises Licence in respect of 43 Warwick Way London SW1V 1QS 23/00523/LIPN
Premises
43 Warwick Way
London SW1V 1QA
Applicant
Two Crazy Perros Limited
Ward
Pimlico North
Special Consideration Zone
Victoria
Activities and Hours
Sale by Retail of Alcohol (On Sales)
Monday to Saturday 10:00 to 23:00 hours
Sunday 10:00 to 22:30hours
Seasonal Variations: None
Hours Premises are open to the Public
Monday to Saturday 08:00 to 23:0 hours
Sunday 08:00 to 22:30hours
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises operate as a restaurant and consist of ground floor and basement with tables and chairs outside. The Premises have had the benefit of a Premises Licence under reference number 05/12712/LIPN. This licence was surrendered on 23 July 2021.
The Premises are located within the Pimlico North Ward and the Victoria Special Consideration Zone but not within the Cumulative Impact Zone. There is a resident count of 197.
Representations Received
· Environmental Health Service (Dave Nevitt)
· Three local residents (x1 objector and x2 supporters)
Issues raised by Objectors
Environmental Health
· The proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.
Local Residents
· One resident had maintained representation on the grounds of the Prevention of Public Nuisance and the Prevention of Crime and Disorder.
· Two local residents had written in support of the Application on the basis it provided a good offer to the locality.
Policy Conditions
SCZ1
In addition to meeting the other policies within the Statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.
HRS1
Applications within the core hours will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
RTN1
Applications 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 being within the Council’s Core
Hours Policy HRS1.
3. The applicant has taken account of the Special Consideration
Zones Policy SCZ1 if the premises are located within a designated
zone.
SUBMISSIONS AND REASONS
Mr Kevin Jackaman outlined the application to the Sub-Committee. He advised that this was a new premise license for the supply of alcohol (on sales) and following consultation the Applicant had reduced the hours on Sunday to be within core hours. He advised that representations had been received from Environmental Health and three interested parties Mr Richard Brown of Citizens Advice Westminster was representing one of the residents.He confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.
Mr Joseph Abou-Khalil, Applicant outlined the application for the Sub-Committee and advised that the company had existed for the last ten years and moved to their current unit which was adjacent to the original location in the last year. He informed the Sub-Committee that they operate as a small family business for breakfast and lunches and would like to develop the business to open in the evenings and wish to offer alcohol for this. Mr Abou-Khali has been a resident of the area for the last 25 years and commented that he was aware of concerns raised by residents which include criminal activity on the streets. He informed the Sub-Committee that the restaurant has a capacity of 30 people over the basement and ground floor with three tables outside the front and a garden at the back which can hold eight to ten people.
In response to questions, Mr Abou-Khalil confirmed that the license would be for on-sales only and the Premise offers substantial food throughout the day with full English breakfasts and lunch salads, quiches and lasagnes served by waitress services to those seated. This will be extended to the evenings. He informed the Sub-Committee that they would like the flexibility to serve a customer a glass of wine without food but understand if the Sub-Committee does not grant that. He also informed the Sub-Committee that he was flexible with the hours requested for the outside areas at the front and the back. He would prefer for the three tables out front on Warwick Way to be permitted until 22:00Hrs and informed that the garden would be closed to smokers after the licensable hours.
In response to additional questions, Mr Abou-Khalil, confirmed that the back garden would be open all year if the weather permits it, but he would manage the noise emanating from this vicinity as there would be no music playing outside, patrons would be requested not to cause any nuisance and also be no cooking outside. He informed the Sub-Committee that he would prefer for this area to be opened until 20:00Hrs. In response to questions Mr Abou-Khalil confirmed he would personally ensure that customers do not engage in any anti-social behaviour on Warwick Way. This would include being present at the Premises, discouraging begging and using CCTV for both inside and outside the Premise. He advised that intoxicated individuals would not be permitted access to the Premises or be served and that free drinking water would be placed on tables. The Sub-Committee was advised that experienced staff would be hired and would be trained. He informed the Sub-Committee that between five to six staff were employed and that during weekends this would increase by two or three if the License was granted. He confirmed that other restaurants on Warwick Way had external tables and operated until 23:00hrs.
Ms Sally Fabbricatore, Environmental Health advised that the Premises was a family run business who sought to serve alcohol in the evenings. She informed the Sub-Committee that the Application was not contentious, was situated in the special consideration zone and its operations were within the core hours. She informed the Sub-Committee that she had maintained representations to be of assistance. She advised that the outside use of the garden until 20:00Hrs or 21:00hrs was reasonable as no music would be played and patrons would be seated at all times. For the tables at the front of the property, 22:00Hrs was also viewed as a suitable time for tables and chairs to be rendered. In response to questions Ms Fabbricatore confirmed that there was no history of noise disturbance from the Premises and while it was near residential properties the amount of noise outside created by 8 to 10 patrons should not amount to a statutory nuisance.
Mr Richard Brown, Citizens Advice Westminster representing a local resident informed the Sub-Committee that the residents main concern was the use of the rear garden. Mr Brown advised that the resident lived in her property for 20 years with her family. He informed the Sub-Committee that during and post covid individuals were increasingly working from home. Mr Brown advised that residents would be disturbed from noise emanating from the rear garden. He informed the Sub-Committee that residents’ concerns were similar to issues found in the Special Consideration Zone and in particular regarding crime in the local area. He advised that concerns would be exasperated with an additional license premises in the area. He commented about the associated risks involved with extended the Premises opening hours and usage of the rear garden.
Mr Brown informed that the Premise had had an alcohol license and previously did not use the rear garden. Mr Brown highlighted to the Sub-Committee the concerns of an alcohol license being granted during the extended hours and without it being ancillary to food and suggested an earlier terminal hour be imposed. He suggested that a Condition which requires alcohol to be ancillary to food be included and informed that use of the rear garden should be prohibited as it was surrounded by residential buildings and noise was reported to ‘echo up’ in this area. He informed the Sub-Committee that there was a clear distinction of disturbance between residents using their own garden on occasions and the restaurant using this area during their operations throughout the week. He also informed the Sub-Committee that Model Conditions 12 and 23 should be imposed if the use of the rear external garden is permitted.
In response to questions, Ms Fabbricatore confirmed that Environmental Health did not include a works condition as the Premises are already in operation, and no further work is needed. She also confirmed that the capacity condition on the basement was added due to public safety. Ms Fabbricatore in response to questions on capacity for the basement condition agreed that this should include the garden. The following wording for the Condition was proposed
“The number of persons permitted in the Basement (including the rear courtyard) at
any one time (excluding staff) shall not exceed 14 persons (this includes a maximum capacity of 10 persons in the rear courtyard).”
In summing up Mr Brown requested the Sub-Committee, considers reducing the operational hours for the use of the rear garden and its capacity. He advised that resident were concerned about the noise emanating from this area. He also informed the Sub-Committee that it was preferred for alcohol to be ancillary to food as it would protect residents during future use. He advised that Model Condition 38 would be sufficient.
In summing up, Mr Abou-Khalil informed the Sub-Committee that no complaints have been received by the immediate neighbours and the objector could not see the courtyard from their window and there was uncertainty on noise from this area would cause a nuisance. He commented concerns of residents were understood.
The Legal Adviser went through the suggested Conditions with Mr Abou-Khalil to ensure he understood their requirements. These included Model Conditions 12, 24, 34, 38 and 42.
Conclusion
The Sub-Committee noted that it had a duty to consider each application on its individual merits and did so for the purposes of this application. It was noted by the Sub-Committee that the Metropolitan Police Service and Licensing Authority had not made representations against the Application. The only remaining representations were from Environmental Health and a local resident.
The Sub-Committee considered the evidence before it and the arguments advanced by Mr Abou-Khalil in his submissions. The Sub-Committee considered D56 of the Statement of Licensing Policy (SLP) and all other relevant parts of the SLP.
Having carefully considered the matter and the need to promote the licensing objectives, the Sub-Committee decided to grant the New Premises Licence under the Licensing Act 2003. The Sub-Committee was satisfied that the application met the policy requirements under the SLP. The Sub-Committee has considered it to be appropriate and proportionate to impose the Conditions agreed by all parties on the licence accordingly.
The Sub-Committee concluded that Paragraph D56 of the Policy had been met by the Applicant on the basis that this was an application for a current business which is wanting to expand and not a new business. There had also been no Police representations on this Application.
Having taken into account all the evidence and the individual circumstances of this case the Sub-Committee decided to grant the Application. The Sub-Committee considered the Conditions were proportionate and appropriate to ensure that the licence promoted the licensing objectives. The Sub-Committee arrived at this decision based upon the merits of the application and the operational model of the business for the past 10 years. The Sub-Committee noted that there was no history of complaints and that the Applicant was a good operator. The Sub-Committee considered that the Applicant will uphold the promotion of the licensing objectives.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate Environmental Health and residents’ concerns, were appropriate and would promote the licencing objectives.
Having carefully considered the Sub-Committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Sub-Committee has decided, after taking into account all of the individual circumstances of this matter and the promotion of the four licensing objectives:
1. To grant permission for the Sale by Retail of Alcohol (On Sales)
Monday to Sunday 10:00 to 22:30 hours.
2. To grant permission for the Opening Hours for the Premises
Monday to Sunday 08:00 to 22:30 hours.
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 Sub-Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Sub-Committee after a hearing with the agreement of the Applicant
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. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 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. 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. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
12. 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.
13. The tables and chairs at the front of the premises shall be rendered unusable by 23.00 hours each day.
14. The tables and chairs at the rear courtyard shall be rendered unusable by 20:30 hours each day.
15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
16. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
17. The number of persons permitted in the Basement (including the rear courtyard) at any one time (excluding staff) shall not exceed 14 persons
(this includes a maximum capacity of 10 persons in the rear courtyard).
18. 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.
19. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 hours and 08.00 hours on the following day.
20. A Challenge 21 or 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.
21. 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.
22. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day.
23. The supply of alcohol at the premises shall only be to a person seated at a table.
24. The supply of alcohol shall be by waiter or waitress service only.
25. 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.
26. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
27. 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.
28. A direct telephone number of 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.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
4 May 2023
Supporting documents:
-
2300523LIPN 43 Warwick Way redacted, item 4.
PDF 1 MB - Restricted enclosure View the reasons why document 4./2 is restricted