Agenda item
Aki London, 1 Cavendish Square, W1G 0LA
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 18 May 2023
Membership: Councillor Maggie Carman (Chair),
Councillor Iman Less and Councillor Louise Hyams.
Officer Support: Legal Adviser: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Katherine Stagg
Presenting Officer: Jessica Donavan
Other Parties: Mr Craig Baylis of Key Stone Law (Solicitor for the Applicant), Mr Robert Debono (CEO) and Mr Nicholas Portelli (Managing
Director) on behalf of the Applicant Db Lifestyle Operations
Limited and Mr Ian Watson (Environmental Health Service)
Application for New Premises Licence in respect of Aki London 1 Cavendish Square London W1G 0LG - 23/00825/LIPN - Item 4
FULL DECISION
Premises
Aki London
1 Cavendish Square
London W1G 0LA
Applicant
Db Lifestyle Operations Limited
Ward
West End
Cumulative Impact Zone
None
Special Consideration Zone
West End
Licensable Activities and Hours applied for
· Late Night Refreshment (Indoors and Outdoors)
Monday to Thursday 23:00 to 00:30 hours
Friday to Saturday 23:00 to 01:00 hours
Sunday 23:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
· Provision for the Exhibition of Film (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
· Performance of Live Music (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
· Performance of Recorded Music (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
· Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
· Hours Premises are Open to the Public
Monday to Sunday 07:00 t0 01:30 hours
Seasonal Variations: Opening hours shall be extended from the
end of permitted hours on New Year’s Eve to the start of permitted
hours on New Year’s Day.
Summary of Application
This is an application for a New Premises Licence. The Premises propose to operate as a Restaurant and Lounge Venue. There is a resident count of 7.
Representations Received
· Environmental Health Service
· Metropolitan Police Service (withdrawn)
· 3 local residents (including 1 supporter)
Summary of Objections
· The hours requested for the supply of alcohol, provision of late-night refreshment and the provision of regulated entertainment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the West End Buffer SCZ.
· There are concerns over the issues arising from re-development on the neighbouring residents.
Policy Position
SCZ1
Applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.
HRS1
Applications for hours outside the core hours 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 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.
RNT1
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.
SUBMISSIONS AND REASONS
Ms Jessica Donovan, Senior Licensing Officer, outlined the application to the Sub-Committee. She advised that representations had been received from Environmental Health Service and one interested party and that the Premises are located within the West End Ward and the West End Special Consideration Zone but not the Cumulative Impact Area. She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.
Mr Craig Baylis on behalf of the Applicant outlined the application to the Sub-Committee. He explained that the Applicant company already operated successfully in Malta. They are investing £14 million into their first upmarket operation in London, updating a grade 2 listed old bank building. He advised that the application had two representations in support from local businesses and one objection from a local resident. The Applicant has liaised with the residents on their concerns on noise issues. He advised that all plant and machinery will be housed inside the premises and that live music will be in the basement so there will be no noise breakout. He also informed the Sub-Committee that there is a dispersal policy and that they had agreed to provide two SIA door staff on Fridays and Saturdays to manage dispersal. He advised that the ground floor would be used for the restaurant and the basement would be a lounge bar with waitress service.
Mr Ian Watson for Environmental Health Service informed the Sub-Committee that he had visited the premises with the District Surveyor. They looked at the operation of the proposed plans. He informed the Sub-Committee that the entrance to the Premises was on Margaret Street nearby to residential properties while the address was on Cavendish Square. He informed the Sub-Committee that Meat Liqour, a nearby 3am licensed premises, had recent noise complaints and was currently under investigation. There were two other nearby licensed premises, The Phoenix and Swingers, they have had no complaints. He advised that while live and recorded music has been requested he did not have concerns about it as the Premises did not have the capacity to accommodate large bands and the Licence would be conditioned for noise breakout. He advised that the Applicant had provided a dispersal policy and that Margaret Street is one way and the Premises were close to Oxford Street with plenty of access for late night traffic. He stated that Model Conditions on waste were included and that a works condition for Environmental Health Service to visit the Premises again when they are ready to trade.
In response to questions Mr Baylis informed the Sub-Committee that the Premises will be staff intensive employing around 100 staff in total. The restaurant bar would have 80 covers the basement lounge bar would be used primarily before or after customers’ meals.
In summing up, Mr Watson informed the Sub-Committee that the licence had a raft of model conditions which addressed residents’ concerns and public safety and that the Applicant had also agreed to the conditioned proposed by Metropolitan Police Service. He stated that he was contented with this food-led application.
Conclusion
The Committee it has a duty to consider the application on its individual merits. The Sub-Committee noted that the Metropolitan Police Service had withdrawn their representation following the Applicant’s agreement to the proposed conditions and The Licensing Authority had made no representations.
The Sub- Committee noted that the Applicant had engaged with local residents and Responsible Authorities. The Committee placed weight on the statement made by Environmental Health Service that the Premises would be a food led operation.
The Sub-Committee noted that the Applicant had a dispersal policy and was satisfied that, in accordance with the Licensing Act, the Council’s Statement of Licensing Policy, Home Office Guidance and the evidence before it, it was appropriate and proportionate, in all the circumstances to GRANT the application.
In reaching its decision, the Committee concluded that the conditions attached to the licence would alleviate Environmental Health Service and residents’ concerns, were appropriate and would promote the licencing objectives.
Having carefully considered the policies, 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 to grant the application with the following permissions:
1. To grant permission for Late Night Refreshment
(Indoors and Outdoors)
Monday to Thursday 23:00 to 00:30 hours
Friday to Saturday 23:00 to 01:00 hours
Sunday 23:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
2. To grant permission for the Exhibition of Film (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
3. To grant permission for Performance of Live Music (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
4. To grant permission for Performance of Recorded Music (Indoors)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
5. To grant permission for the Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 08:00 to 00:30 hours
Friday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 00:30 hours
Seasonal Variations: All licensable activities shall be extended
from the end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day.
6. To grant permission for the Opening Hours for the Premises
Monday to Sunday 07:00 to 01:30 hours.
Seasonal Variations: Opening hours shall be extended from the
end of permitted hours on New Year’s Eve to the start of permitted
hours on New Year’s Day.
7. That the Licence is subject to any relevant mandatory conditions.
8. 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 after a hearing with the agreement
of the Applicant
9. Admission of children to the premises must be restricted in accordance with the film classification recommended by the British Board of Film Classification or recommended by this Licensing Authority as appropriate.
10. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
11. Save in the areas shaded in yellow the premises shall only operate as a restaurant
(i) in which customers are shown to their table,
(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 using non disposable crockery (except chopsticks),
(iv) which do not provide any takeaway service of food or drink for immediate consumption,
(v) which do not provide any takeaway service of food or drink after 23.00, and
(vi) 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.
Notwithstanding this condition customers are permitted to take from the premises part consumed, and resealed bottles of wine supplied ancillary to their meal.
12. During the hours of operation, 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.
13. 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.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.
16. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
17. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
18. The premises licence holder shall ensure that any patrons smoking outside the premises do so on an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
19. A direct telephone number for 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.
20. 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.
21. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
22. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
23. 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 preceding 31-day period.
24. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are open to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
25. An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police, which will record the following:
a) All crimes reported to the venue;
b) All ejections of patrons;
c) Any complaints received concerning crime and disorder;
d) Any incidents of disorder;
e) All seizures of drugs or offensive weapons;
f) Any refusal of sale of alcohol.
26. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
27. Any event shall be risk assessed and should the risk assessment deem it necessary the requisite number of SIA licensed door supervisors shall be on duty at the premises whilst the event/operation is taking place and up to at least 30 minutes after the event has finished. The risk assessment shall also include a dispersal policy for the event. The risk assessment and dispersal policy shall be retained and available for inspection by the Licensing Authority and the Police for 31 days after the event.
28. A challenge 21 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.
29. 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.
30. 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.
31. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
32. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
33. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
34. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
35. No licensable activities shall take place at the premises until the Environmental Health Consultation Team has determined the capacity of the premises and the Licensing Authority has replaced this condition on the licence with a condition detailing the capacity so determined.
36. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
37. No licensable activities shall take place at the premises until the premises have 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.
38. A minimum of 2 SIA licensed door supervisors shall be on duty at the Premises on Fridays and Saturdays from 9pm until 30 mins past close.
39. The supply of alcohol in the basement lounge shall be by waiter or waitress service only save for a maximum of 15 persons by the bar area shaded green or during private prebooked functions.
40. There shall be no externally promoted events at the premises and details of any event shall be kept in a register or electronic system that will be made available to the Police on request.
This is the Full Decision reached by the Licensing Sub-Committee which
Takes effect forthwith.
The Licensing Sub-Committee
18 May 2023
Supporting documents:
-
report_Redacted, item 4.
PDF 5 MB - Restricted enclosure View the reasons why document 4./2 is restricted