Agenda item
Basement and Ground Floor, 10 Golden Square, W1F 9JA
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO 3
(“The Committee”)
Thursday 4 May 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Angel Piddock and Councillor Caroline Sargent
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Daisy Gadd
Committee Officers: Georgina Wills /Katherine Stagg
Presenting Officer: Kevin Jackaman
Other Parties: Martin Jones on behalf of Golden Square Mart Limited (the applicant company), Phil Day, Applicant Golden Square Mart Limited, Sally Fabbricatore (Environmental Health) and Karyn Abbott (Licensing Authority)
Application for New Premises Licence in respect of Basement and Ground Floor 10 Golden Square London W1F 9JA 23/00796/LIPN
Premises
Basement and Ground Floor
10 Golden Square
London W1F 9JA
Applicant
Golden Square Mart Limited
Ward
Pimlico North
Activities and Hours applied for
Hours Premises are Open to the Public
Monday to Saturday 09:00 to 23:00 hours
Sunday 09:00 to 22:30
Seasonal Variations: From 10:00 hours on New Year’s Eve to 01:30 hours on New Year’s Day. From 10:00 hours on Chinese New Year to 01:30 hours the following day.
Sale by Retail of Alcohol (On Sales)
Monday to Saturday 09:00 to 23:00 hours
Sunday 09:00 to 22:30
Sale by Retail of Alcohol Shop On the Ground Floor (Off Sales)
Monday to Saturday 09:00 to 21:00 hours
Seasonal Variations: From 23:00 hours on New Year’s Eve to 01:00 hours on New Year’s Day. From 23:00 hours on Chinese New Year
to 01:00 hours the following day.
Late Night Refreshment (Indoors and Outdoors)
Late Night refreshment is only applied for as a seasonal variation
to 01:00 hours the following day.
Representations Received
· Environmental Health Service (Sally Fabbricatore)
· Licensing Authority (Jessica Donovan)
· Two Local residents
Issues raised by Objectors.
· The Environmental Health Service had maintained representations as the provision of the supply of alcohol may cause an increase in Public Nuisance in the Cumulative Impact Zone and may impact on Public Safety.
· The Licensing Authority had maintained representations due to concerns regarding how the premises would promote the four licensing objectives Public Nuisance, Prevention of Crime & Disorder, Public Safety and the Protection of children from harm
,
· Two residents had maintained representations on the licensing objection of the Prevention of Public Nuisance.
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).
The Premises propose to trade in the basement and part of the ground floor as an Asian restaurant which is licensed for the sale of alcohol from 09:00 to 23:00 hours Monday to Sunday. The remainder of the ground floor is intended to trade as an Asian supermarket which is licensed for the sale of alcohol for consumption off the premises from 09:00 to 21:00 Monday to Sunday.
Following consultation, the Applicant has reduced the terminal hour for the sale of alcohol on a Sunday to 22:30 hours.
The Premises currently hold a Licence under reference 22/04691/LIPV.
The applicant proposes to surrender the existing premises licence should this application be granted.
Policy Position:
CIP1
It is the Local 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
Applications for other premises type within the West End Cumulative Impact Zones will be subject to other policies within the Statement and must demonstrate that they will not add to cumulative impact.
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.
COMB1
Applications inside the West End Cumulative Impact Zones for premises that propose to operate as a combined use premises will be considered on their merits and subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and
CH1.
2. The hours for licensable activities for the relevant premises use being
within the Council’s Core Hours Policy HRS1.
3. The applicant demonstrating that they will not add to cumulative impact
Within the Cumulative Impact Zone.
DECISION AND REASONS
Mr Kevin Jackaman, Senior Licensing Officer, summarised the application set out in the report before the Sub-Committee. He explained that the Application was for a New Premises Licence. There were representations received from the Licensing Authority, Environmental Health, and two residents. He advised that the Premises existing License would be surrendered if the Application was granted. The Applicant following consultations has reduced the hours on Sunday and were now within core hours. Premises are located within the West End Ward and West End Cumulative Impact Zone but not within the Special Consideration Zone.
Mr Martin Jones, Applicant’s Legal Representative advised that Mr Phil Day, Applicant was the Director of Golden Square Mart Ltd and also directly involved with the daily operation of the Premises. The Company’s Headquarters was situated next to the Premises. Mr Jones advised that several Conditions had been proposed by the Applicant and that the terminal hours for Sunday had been altered and was now within the core hours. The Sub-Committee was informed that a Condition had been proposed which ensured that the Premises main function would be a restaurant and shop, and that the sale of alcohol would be ancillary to a meal. The Conditions proposed by the Responsible Authorities have been accepted by the Applicant. Mr Jones confirmed that the existing Premises alcohol license would be surrendered if the Application was granted. The Sub-Committee was advised that Conditions 23, 24 & 25 on the existing operational scheduled would be retained and these related to noise nuisance, means of fire escape and approved arrangement of the Premises. The Model Condition 87 (MC87) has also been accepted which prohibits any odour or steams being omitted from the Premises which would cause a nuisance to any business or resident living in the area.
Mr Day advised that 10 Golden Square London operated as a restaurant serving Korean cuisine. He advised that the current License allowed for alcohol to be served on the basement and that it was sought for the food offer to also be made available on the ground floor. He advised that the front of Premises would continue to be used as a ‘convenient area’ which patrons would be held when ordering takeaways. Mr Day advised that hot food takeaway was only available between 12Noon and 15:00Hrs and after this period orders were all delivered. Mr Day commented that patrons were asked whether they wished to be served alcoholic beverages with their meals on arrival and if this was desired would be directed to the basement area. The Sub-Committee was advised that this question would not be asked if the Application was granted as patrons could be seated in any part of the Premises and therefore avoid any awkwardness. This would also ensure that there is better management of seatings.
Mr Jones advised that a total of £6000 had been invested in an ozone device which would ensure that all odours are eliminated. He advised that representations had been maintained regarding noise complaints and informed that extractor fans would have auto times which would switch of the machinery after 23:00Hrs. He advised that these measures would mitigate concerns raised by residents. The Sub-Committee were reminded that restaurants were less of a concern regarding the Cumulative Impact Zone, unlike bars, pubs and fast-food establishments. Mr Jones advised that the Application could be viewed as a variation and highlighted that the Premises had been in operation since 2022 without any concerns. There are no ques or residential building located opposite the Premises or overlooking from properties. He advised that it was ensured that Challenge 25 was successfully operated and only one incident had occurred in which a patron was refused sales due to their age.
In response to questions from the Sub-Committee, Mr Jones confirmed that the Application had been sought to allow on sales on the ground floor and to enable the same license provisions to be applied to all areas of the Premises. He advised that additional trading hours during New Year Eve and Chinese New Year had been sought and that this provision was not currently on the License. Mr Jones confirmed that celebrations of the Chinese New Year was for one night only and these dates altered each year. He advised that additional staff would be employed during the above-mentioned date and patrons would be monitored. There will be a set menu offered and the operational model would be to ensure that there is a high turn around’ of patrons. The Sub-Committee was advised that patrons would be required to book tables and that there would be no prolonged drinking.
Following further questions from the Sub-Committee, Mr Jones confirmed that the Fridge compressor had been replaced with an internal compressor and that extractor fans would now have a timer which shuts the machine down after a 23:00hrs. Mr Jones commented that various Conditions had been proposed regarding refuge collection and shop doors being closed to ensure that no nuisances are omitted from the Premises. Mr Day advised that the delivery service generated a small percentage of revenue and was not part of the core business. Mr Day advised that active steps would be taken to ensure that all delivery drivers do not cause any nuisance and that there were adequate motorcycle parking bars for their vehicles.
Ms Karyn Abbott, Licensing Authority sought clarification regarding sale of alcohol for off sales and was informed that this would be on Monday to Sundays between 09:00Hrs to 21:00Hrs. Ms Abbott advised that the Premises’ operational hours had been reduced and was now within core hours. She advised that a series of Conditions had been agreed with the Applicant which included MC66 (Restaurant Condition) and all areas would fall under it. The current license would be surrendered if the Application is granted. The Applicant had also offered a Condition which stipulates that alcohol will be ancillary to the main function of the Premises which is a restaurant and shop. The Sub-Committee were reminded that they had to be satisfied that the Premises would not add to the cumulative impact.
Ms Sally Fabbricatore, Environmental Health advised that complaints had been received regarding odour and noise nuisance omitting from the Premises and confirmed that these had not amounted to a statutory nuisance. Ms Fabbricatore advised that a visit was undertaken and that works had been agreed and implemented. She advised that no complaints had been received following completion of works and that the Premises would continue to be monitored. She informed that there was an additional complaint received regarding noise and stated that an auto timer had been installed for the extractor fan and that a visit would take place if there were any concerns. The Sub-Committee was advised that the additional Conditions proposed by the Applicant was welcomed in particular ‘means of escape’ and ‘eliminating odour’.
In response to questions from the Sub-Committee, Ms Fabbricatore advised that the Premises current capacity was suitable and commented that the Restaurant had been in operation with these numbers. She advised that there was an adequate number of toilets within the Premises. Environmental Health had maintained representation to assist the Sub-Committee.
In his summary, Mr Jones advised that the Applicant had taken active steps to address concerns raised by residents in relation to odour and noise nuisance. He advised that the Application would result in an additional 40 extra covers and that alcohol would be ancillary to a meal.
In response to the Legal Officer, Mr Martin advised that off sales would be Monday to Sunday between 09:00 to 21:00hrs. There would be no off sales from the Basement. Mr Martin advised that the Applicant agreed for the words ‘shall be’ to be inserted for Conditions 24 and 25.
Conclusion
The Sub-Committee has determined an application for a new Premises Licence under the Licensing Act 2003 (“The Act”).
The Sub-Committee considered the Application on its individual merits. In reaching their decision, the Sub-Committee considered all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter. The Sub-Committee noted that the Applicant had agreed to the Conditions proposed by the Licensing Authority and Environmental Health Services. The Applicant had also reduced their operational hours to be within core hours and put in measures to address concerns of residents. This included an investment of £6000 of an ozone device which prevent any odour or steam escaping from the Premises and an auto timer on the extractor fan which shuts the machinery down after 23:00Hrs. The Sub-Committee noted that the Applicant was a good operator, and the locality was well managed. The Sub-Committee noted the importance of supporting local businesses and addressing the concerns of local residents.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the individual circumstances of the matter and the promotion of the four licensing objectives:
1. To grant permission for Seasonal Variation for Late Night
Refreshment from 23:00 hours on New Year’s Eve to 01:00 hours on New Year’s Day. From 23:00 hours on Chinese New Year to 01:00 hours the following day.
2. To grant permission for the Sale by Retail of Alcohol (On Sales) in the Basement area Monday to Saturday 09:00 to 23:00 hours Sunday 09:00 to 22:30 hours.
3. To grant permission for the Sale by Retail of Alcohol (Off
Sales) on the Ground Floor Monday to Sunday 09:00 to 21:00
hours.
Seasonal Variations: from 23:00 hours on New Year’s Eve to
01:00 hours on New Year’s Day. From 23:00 hours on Chinese New Year to 01:00 hours the following day.
4. To grant permission for the Opening Hours for the Premises Monday to Saturday 09:00 to 23:30 hours Sunday 09:00 to 22:30 hours.
Seasonal Variations: from 09:00 hours on New Year’s Eve to 01:30 hours on New Year’s Day. From 09:00 hours on Chinese New Year to 01:30 hours the following day.
5. That the Licence is subject to any relevant mandatory conditions.
6. 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. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
12. No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles or cans.
13. No more than 15% of the sales area shall be used at any one time for the sale, exposure for sale, or display of alcohol.
14. There shall be no self-service of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
15. 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.
16. 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.
17. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18. No deliveries of alcohol to the premises shall take place between 23.00 hours and 08.00 hours on the following day.
19. The number of persons permitted in the basement of the premises at any one time (excluding staff) shall not exceed 60 persons.
20. The number of persons permitted to be seated on the ground floor restaurant at any one time (excluding staff) shall not exceed 40 persons.
21. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
22. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
23. Staff involved in the sale and supply of alcohol shall receive training in relation to licensing legislation and age challenging. Refresher training shall be conducted annually. All staff involved in the sale and supply of alcohol shall be fully conversant with the conditions contained in this Premises Licence. No member of staff will be permitted to sell alcohol until such time as they have completed the training. Records of such training shall be kept by the DPS for a minimum of 12 months and made available to the Police or other responsible representative on request.
24. The Premises Licence Holder shall use a refusals book when the need to refuse any sale of alcohol arises whether in the shop premises or in the restaurant and in that refusals book will note the date and time of refusal, the product attempted to be purchased, a description of the customer and whether ID was requested/suitable if it was produced, the reason for the refusal and the name and signature of the member of staff making the refusal. The DPS shall retain the refusals book for a minimum of 12 months. The incident book will be made available to the Police on request. Each reported incident will be dated and signed by the person making the report and that person’s name will be clearly legible alongside the signature.
25. The sale by retail of alcohol for consumption off the premises from the shop premises to members of the public will cease at 21:00 hours each day.
26. Alcohol purchased for consumption in the restaurant will be ordered via an app or with a member of waiting staff in the restaurant and brought to the customer by a member of staff for consumption with their table meal. The customer will not be able to purchase alcohol from the shop premises directly for consumption in the restaurant.
27. Any alcohol displayed for sale in the shop concession will be kept in units with opaque lockable shutters. The shutters will be closed and locked when the premises close.
28. There will be appropriate fire-fighting equipment throughout the premises.
29. The emergency exits shall be clearly marked.
30. Clear, legible signs will be prominently displayed where they can easily be seen and read by customers stating that a Challenge 25 policy is in operation at the premises, that customers may be asked to provide proof of age and stating what the acceptable forms of proof of age are. Such signage will be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.
31. The basement and the area hatched green as shown on the ground floor plan shall operate as a restaurant,
a. in which customers are shown to their table or the customer will
select a table themselves;
b. where the supply of alcohol is by waiter or waitress service only;
c. which provide food in the form of substantial table meals that are
prepared on the premises and are served and consumed at the
table;
d. where alcohol shall not be sold or supplied, otherwise than for
consumption by persons who are seated in the premises and bona fide taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
For the purpose of this condition '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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
32. The delivery of alcohol to customers to their residential address or workplace will be ancillary to the main premises use as a restaurant and shop.
33. Alcohol cannot be purchased for delivery without the purchase of food.
34. Delivery of alcohol will only be made via a third party and delivery drivers will not be engaged directly by the applicant. The applicant will ensure that any third party to which they have contracted the delivery of food and alcohol has sufficient age verification procedures in place for the sale of alcohol and has regular training for its delivery personnel on their age verification procedures.
35. The applicant will ensure that any third party to which they have contracted their delivery service have sufficient procedures and mitigation to ensure that their delivery personnel do not create public nuisance either at the premises where the delivery originates and/or at the delivery destination.
36. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
37. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
38. The premises licence will only remain valid so long as the main function of the premises is a restaurant and shop (with retail of alcohol ancillary).
39. 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.
40. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
41. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.
42. 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.
43. No licensable activities shall take place at the premises until premises licence 22/04691/LIPV (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
This is the Full Decision of the Committee which takes effect forthwith.
The Licensing Sub-Committee
25 May 2023
Supporting documents:
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10 Golden Square 2300796LIPN_Redacted, item 2.
PDF 5 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted