Agenda item
Namaiki, Basement and Ground Floor, 14 Broadwick Street, W1F 8HP
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 11 May 2023
Membership: Councillor Angela Piddock (Chair) Councillor Md Shamsed Chowdhury and Councillor Jim Glen
Other Parties: Horatio Chance (Legal Advisor)
Committee Clerk (Jack Robinson-Young)
Policy Advisor (Aaron Hardy)
The Licensing Authority (Kevin Jackaman)
The Soho Society (Marina Tempia) (Wendy Hardcastle)
Application for a New Premises Licence in respect of Namaiki Basement and Ground Floor 14 Broadwick Street London W1F 8HP 23/01192/LIPN
Full Decision
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Namaiki Basement And Ground Floor 14 Broadwick Street London W1F 8HP (“The Premises”). The Premises proposes to operate as a restaurant.
The Premises has had the benefit of Temporary Event Notices, and the history can be found at Appendix 3 of the Agenda Report.
The Applicant has proposed twenty conditions to form part of their operating Schedule featured at Appendix 4 of the Report together with a written submission which can be found in the additional agenda report.
The Premises are located within the West End Ward and within the West End Cumulative Impact Zone. There is no policy presumption to refuse the application provided the Applicant can demonstrate that granting the application would not lead to negative cumulative impact. 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 Licensing Authority and the Soho Society.
There is a resident count of 78.
Premises
Namaiki Basement and Ground Floor
14 Broadwick Street
London
W1F 8HP
Applicant
Namaiki Limited
Cumulative Impact Area
West End Cumulative Impact Zone (“West End CIZ”)
Activities and Hours
Late Night Refreshment (Indoors)
Monday to Thursday: 23:00 to 23:30
Friday to Saturday: 23:00 to 00:00
Sunday N/A
Seasonal Variations: From the end of permitted hours on New Year’s Eve to
the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 23:00-00:00
Sale by Retail of Alcohol (On and Off the Premises)
Monday to Thursday : 09:00 to 23:30
Friday to Saturday: 09:00 to 00:00
Sunday 09:00 to 22:30
Seasonal Variations: From the end of permitted hours on New Year’s Eve
to the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 09:00-00:00
Opening Hours to the Public
Monday to Thursday : 09:00 to 23:30
Friday to Saturday: 09:00 to 00:00
Sunday 09:00 to 22:30
Seasonal Variations: From the end of permitted hours on New Year’s Eve to
the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 09:00-00:00
Representations Received
- The Licensing Authority (Angela Seward)
- The Soho Society 55 Dean Street (Marina Tempia)
Summary of Representations
- The Licensing Authority require the applicant to provide submissions as to how the operation of the premises will not add to cumulative impact in the West End cumulative impact zone, in accordance with policy CIP1.
- As a new restaurant in the cumulative impact zone the applicant has to demonstrate they will not to add to cumulative impact, it appears to us that the proposal of MC66 is taken as almost a de facto demonstration that there will be no addition to cumulative impact. We do not believe that this is consistent with the cumulative impact policy, which acknowledges that RNT1 uses
- are a lower risk than some other types, but not that they are of no risk and especially considering the year on year increase in numbers, 21 new licensed restaurants/cafés having opened between 2020 to 2022. In summary This
- is an application for a new licensed premises in the West End Cumulative Impact Zone, any increase in the number of licences and people in the area will fail to promote the licensing objectives and increase cumulative impact.
- We will withdraw this objection if the applicant agrees to the personal use condition as proposed above.
Policy Considerations
Policies CIP1, HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
CIP1
A. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone for: pubs and bars, fast food
premises, and music and dancing and similar entertainment, other
than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in
Clause A are defined within the relevant premises use policies within
this statement
HRS1
A. Applications within the core hours set out below 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.
B. 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. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. 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.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
10a. Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to Midnight. Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to Midnight.
10b. Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises)
Monday to Saturday:
8am to 11pm. Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the
premises and therefore the maximum opening hours permitted will be
to the same start and terminal hours for each of the days where
licensable activity is permitted.
RNT1
A. 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 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 meeting the definition of a restaurant as per Clause C.
B. 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 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 demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption, except if provided via an ancillary delivery service to customers at their residential or workplace address.
4. Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be in a bar area but must also be ancillary to the taking of such meal.
SUBMISSIONS AND REASONS
The Presenting Officer Ms Roxsana Haq outlined the nature of the application to the Sub-Committee. She advised that this was anapplication for a New Premises Licence in respect Namaiki Basement and Ground Floor 14 Broadwick Street London W1F 8HP. The application has been brought by the Applicant; Namaiki Limited (represented today by Mr Alun Thomas). The Applicant seeks late night refreshment indoors and the retail sale of alcohol for both on and off sales. Full details can be found on pages 108-109 of the report bundle. Representations were received from The Licensing Authority (Mr Kevin Jackaman in attendance) and the Soho Society (Marina Tempia in attendance) along with Wendy Hardcastle of the Soho Society. The Premises are located both within the West End Ward and the West End CIZ.
Mr Alun Thomas Solicitor, appearing on behalf of the Applicant addressed the Sub-Committee. He advised that the Premises was a new Japanese restaurant which had been open a couple of months with no sales of alcohol. He advised that this was a restaurant premises which will operate at Westminster’s core hours with full model restaurant condition 66 (MC66) with a capacity of just 28 with dinner costing around £180 so the menu price was high.
Mr Thomas said that the Premises will not add to cumulative impact in the wider West End because the Premises are small with less than 30 covers and alcohol is sold ancillary to a table meal in accordance with model restaurant condition MC66 and the conditions offered will mitigate the issues raised by the objectors.
Mr Thomas stated that in relation to the Soho’s request to make the premises licence personal to the use would be unlawful in both case law and the section 182 Home Office Guidance makes it untransferable.
Mr Thomas confirmed that there is no external seating at the Premises. Customers walk in off Broadwick Street and upon arrival will wait in a small waiting room waited to be seated at their table. There is a private dining room for 4-5 people and a kitchen area where you sit at the bar. The basement area is used for back of house and toilets.
In answer to questions from the Sub-Committee Mr Thomas confirmed the following:-
· That there would be around 6-8 members of staff on duty at the Premises.
· The works condition can be removed as the Premises has been inspected.
· Cumulative impact does not arise on the number of people, it depends on uses, hours and location. We say within this specific location and the type of premises, will not add to cumulative impact.
· The Premises will actively control the numbers arriving at the same time and those leaving at the same time.
· Dealing with large groups attending the Premises the pavement is narrow so people would not be loitering. Staff will be on hand to organise taxis so dispersal would be orderly and in any event Tottenham Court Road Station is only 3 minutes away and we will be operating to core hours.
Mr Jackaman appearing on behalf of the Licensing Authority addressed the Sub-Committee.He advised that the Licensing Authority maintained its representation due to the location of the Premises within the West End CIZ. Mr Jackaman said that the application falls within RNT1 restaurant policy. He advised that any new premises within the cumulative impact area will have some degree of impact and it is for the Applicant to demonstrate how they will mitigate that impact.
Mr Jackaman said that the RNT1 policy does not provide a presumption to refuse the application. He said that the Applicant must demonstrate they will not add to negative cumulative impact and it was noted that core hours had been applied for and that the maximum capacity would be 28 albeit this low number of customers would still be entering the West End CIZ.
Mr Jackaman said that there had been no representations from either the Environmental Health Service or the Metropolitan Police Service. He said that the Licensing Authority accepts that this is a modest application that represents a low risk to cumulative impact in view of the hours applied for, conditions proposed and relatively small capacity but it was still for the Licensing Sub-Committee to decide whether the application should be granted.
Ms Marina Tempia appearing on behalf of the Soho Society addressed the Sub-Committee. She advised that according to the licensing register there were some 479 licensed premises in the area, the majority of which were restaurants. There have been 38 new licenced premises within the area, five of which were granted outside core hours with a capacity of 781.
Ms Tempia said that it was accepted that restaurant premises were low risk compared to a pub or bar. She said that the proposed personal condition was required to future proof the area.
Ms Tempia said that in principle the Society does not object to the Premises being a restaurant but expressed the view that the Society would like it to go back into a different type of use rather than alcohol use because we are losing lots of different types of shops.
Mr Horatio Chance the Legal Advisor to the Sub-Committee advised that it would not beappropriate to put a personal-use type of condition on the licence as proposed by the Soho Society.
Mr Aaron Hardy the Policy Advisor to the Sub-Committee asked Mr Thomas whether any concerns had been raisedin terms of the TENs? Mr Thomas replied and said that he did not believe so.
Mr Hardy then asked Mr Jackaman whether the Licensing Authority would accept a condition that restricts the restaurant to a Japanese restaurant? In answer thereto
Mr Jackaman said that this was a condition that has been granted previously on a case-by-case basis by previous Sub-Committees.
Mr Thomas concluded by saying that this was thewrong forum to be discussing personal conditions and reiterated again that such a condition should not be imposed on the premises licence.
Conclusion
The Sub-Committee noted that there was no presumption to refuse an application for a restaurant Premises under Policy RNT1 of the Council’s SLP. The Sub Committee noted that the Premises was to be a small niche sushi restaurant with a maximum capacity of 28 with the Council’s Model Restaurant Condition MC66 imposed on the licence with core hours in the West End CIZ.
There were no justified reasons for a refusal of the application given the small operation and low numbers coming to the Premises and the fact that it was catering to the higher end of the restaurant market. It was the Sub-Committees view overall that there would be very little impact if at all in the West End CIZ.
The Sub-Committee concluded based on the evidence that the Applicant would promote the licensing objectives with the offered conditions as these would help mitigate the concerns raised by those who had objected to the application and therefore decided to grant the application which would lead to the promotion of the licensing objectives.
In terms of the conditions these are all the conditions as stated at pages 124-129 report together with the inclusion of one additional condition agreed with the Applicant regarding limiting the capacity of the Premises to just 28 including staff which are considered appropriate and proportionate.
The Sub-Committee after careful consideration of the evidence did not consider it appropriate to impose a personal condition on the Premises Licence as proposed by the Soho Society.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives: -
1. To grant permission for Late Night Refreshment (Indoors) Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00Sunday N/A
Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 23:00-00:00
2. To grant permission for the Sale by Retail of Alcohol (On and Off the Premises) Monday to Thursday : 09:00 to 23:30 Friday to Saturday: 09:00 to 00:00 Sunday 09:00 to 22:30. Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 09:00-00:00.
3. To grant permission for the Opening Hours for the Premises to the Public
Monday to Thursday : 09:00 to 23:30Friday to Saturday: 09:00 to 00:00
Sunday 09:00 to 22:30. Seasonal Variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to bank holidays 09:00-00:00.
4. That the Licence is subject to any relevant mandatory conditions.
5. 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 the agreement of the Applicant
6. The premises shall only operate as a restaurant,
(i) in which customers are shown to their table or the customer will select a table themselves,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iv) which do not provide any takeaway service of food or drink for immediate
consumption off the premises,
(v) 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.
7. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) 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.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
8. 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.
9. 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,
g) any refusal of the sale of alcohol
h) any visit by a relevant authority or emergency service.
10. 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.
11. 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.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
13. No noise generated on the premises shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
14. 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.
15. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
16. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
17. 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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
18. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
19. 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.
20. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
21. There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
22. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
23. No deliveries from or to the premises either by licensee or third party or collections to the premises shall take place between 23:00 and 08:00 hours on the following day.
24. No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
25. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.
26. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 28 persons.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
11 May 2023
Supporting documents:
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Report 14 Broadwick Street_Redacted, item 3.
PDF 557 KB -
Report 14 Broadwick Street, item 3.
PDF 589 KB
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Summary of Proposals Namaiki WR1-AT, item 3.
PDF 227 KB