Agenda item
Southern Unit, 40 Eastbourne Terrace, W2 6LG
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 Luke Elford- John Gaunt (Solicitor for the Applicant), Mark Younger for the Applicant Company Universities
Superannuation Scheme Ltd, Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing SEBRA), Ms Amy Rogers (resident) and Mr John Zamit (SEBRA)
Application for New Premises Licence in respect of Southern Unit 40 Eastbourne Terrace London W2 6LG – 23/00953/LIPN - Item 3
FULL DECISION
Premises
Southern Unit
40 Eastbourne Terrace
London W2 6LG
Applicant
Universities Superannuation Scheme Limited
Ward
Lancaster Gate
Cumulative Impact Zone
None
Special Consideration Zone
None
Proposed Licensable Activities and Hours
· Late Night Refreshment (Indoors)
Monday to Thursday 23:00 to 23:30 hours
Friday to Saturday 23:00 to 00:00 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 23:00 to 00:00 hours
· Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 09:00 to 23:30 hours
Friday to Saturday 09:00 to 00:00 hours
Sunday 09:00 22:30 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 09:00 to 00:00 hours
· Hours Premises are Open to the Public
Monday to Thursday 09:00 23:30 hours
Friday to Saturday 09:00 00:00 hours
Sunday 09:00 to 22:30 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 09:00 to 00:00 hours
Summary of Application
This is an application for a New Premises Licence. The Applicant proposes to operate the Premises as a restaurant. The Premises currently benefit from a Premises Licence 20/11835/LIPN which is for the Premier Inn Hotel under the same address and was granted in March 2021.
There is a resident count of 107.
Representations Received
· Local resident
· Councillor Ryan Jude
· South East Bayswater Residents’ Association (SEBRA)
· Councillor Ellie Ormsby
Summary of Objections
· The residents were concerned as the restaurant backs on to the Bayswater Conservation area residential road of Chilworth Mews and Chilworth Street and all servicing is proposed to be via their frontages.
· Residents have raised concerns about the diminishment of their safety, welfare and amenity resulting from the proposed commercial servicing for this restaurant.
· The residents also had concerns about noise and odours emanating from the premises and about off sales.
Policy Position
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.
RNT1
Applications outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1 and 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 four interested parties including SEBRA. The Premises are located within the Lancaster Gate Ward and not in a Cumulative Impact Area or Special Consideration Zone. She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.
Mr Luke Elford, on behalf of the Applicant outlined the application to the Sub-Committee. He advised that the Premises are in a suitable condition where it can be put on the market, so they applied for this licence to attract a good quality operator. He advised that the application is within the Council’s Core Hours Policy and included Model Condition 66 where alcohol must be ancillary to food. He advised that the application included a schedule of conditions which promote the licensing objective including conditions on CCTV, incident log and a mandatory Environmental Health Service visit before opening to the public. He also advised that restaurants are less likely to contribute to crime and disorder.
Mr Elford informed the Sub-Committee that the representations received from interested parties requested conditions applied to the hotel premise and not a restaurant. He advised that many of the conditions would be hard to enforce, duplicate planning permission or were not appropriate for a restaurant. He stated that the Applicant understood the concerns about deliveries, but they are not the operator, and the future operator will have a policy on how they deal with deliveries. He advised that the Applicant understood the concerns regarding off-sales, but they requested off-sales due to the ongoing impact of the pandemic and to give the future tenant options. The application had restricted the terminal hours for off-sales to 23:00 hours Monday to Saturday and to 22:30 hours on Sunday. He advised that alcohol would not be delivered without food or to open spaces. Mr Elford also advised that the Applicant had agreed to the same servicing arrangement than the neighbouring hotel.
In response to questions from the Sub-Committee, Mr Elford confirmed that Chiltern Mews would only be used for deliveries and not for staff breaks. There would be a smoking area for the premises on Eastbourne Terrace which will be agreed with Environmental Health Service. He also advised that they were looking to attract an experienced operator for a mid-market restaurant akin to Franco Manca. Mr Elford in response to questions on the conditions requested by a local resident, informed the Sub-Committee that the Applicant would accept conditions to risk assess the need for door staff, not allow striptease or nudity, fire exits being kept clear, to encourage patrons to leave quietly and no new admittance after 23:00 hours. He advised that the operator would liaise with the Police if any issues arise on refusal of alcohol and there would be an incident log condition. He informed the Sub-Committee that some of the conditions requested would be difficult to accept. Mr Elford confirmed to the Sub-Committee that the operator would engage with residents and had offered a condition to provide the telephone number for the manager to the residents.
Ms Amy Rogers, local resident of Chiltern Mews, informed the Sub-Committee that 30 properties will be affected by the application. The Premises used to be an office block with 09:00-17:00 hours but with this application and other changes there will be 730 covers in the area. She advised that there was a misunderstanding as residents did not request a duplication of the hotel conditions but did request the same conditions for the hotel restaurant due to same size, same premises and using the same operational processes. She informed the Sub-Committee that residents believe this application was using Westminster City Council’s Licences for commercial gain at the loss of amenity and safety of residents. She advised that residents had problems with congregation of Vapiano staff on Chiltern Mews as there was no designated staff area. She appreciated that Mr Elford had agreed to some of her suggested conditions but due to the lack of detail on this application residents requested that all their conditions be included.
In response to questions from the Sub-Committee, Ms Rogers informed the Sub-Committee that the Premises will share a service bay with Unit 50, Vapiano’s, where there will be challenges with capacity and delivery vehicles waiting in the Mews. She also informed the Sub-Committee that engagement with Vapiano’s had been poor and she had not been able to engage with Universities Superannuation Scheme Ltd, the Applicant.
Mr John Zamit, from SEBRA, informed the Sub-Committee that Units 40 and 50 back onto residential mews. He would like certainty that no staff will be allowed in the Mews and that notices will be place on fire doors to confirm this. He highlighted that coaches were a problem across London so he would like to see the inclusion on the licence a condition which prohibits the use of coaches and that there would be no striptease. He advised the Sub-Committee that the Applicant had agreed to stop takeaways after 23:00 hours.
Mr Richard Brown, representing SEBRA, informed the Sub-Committee that he was pleased that the Applicant had agreed the conditions proposed by Environmental Health Service and the Metropolitan Police Service.
Ms Viviene Walker, Legal Adviser to the Licensing Committee, discussed the wording of the proposed conditions with all parties and made amendments, as necessary. All parties eventually agreed on the wording of the following conditions.
Conclusion
The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers, policies, and all submissions made by parties.
The Sub-Committee noted that the Applicant had agreed to the conditions proposed by the Environmental Health Service and Metropolitan Police Service.
The Sub-Committee was satisfied that, in accordance with the Licensing Act, Home Office Guidance, the Statement of Licensing Policy and the evidence before it, it was appropriate and proportionate, in the circumstances to GRANT the application.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not undermine the licensing objectives.
The Sub-Committee placed weight on the fact that conditions had been agreed with the Interested Parties and concluded that the conditions attached to the Licence would alleviate the Interested Parties concerns and were appropriate and would promote the licensing objectives.
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 the 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 hours
Friday to Saturday 23:00 to 00:00 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 23:00 to 00:00 hours
2. To grant permission for Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 09:00 to 23:30 hours
Friday to Saturday 09:00 to 00:00 hours
Sunday 09:00 22:30 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 09:00 to 00:00 hours
3. To grant permission for the Opening Hours for the Premises
Monday to Thursday 09:00 23:30 hours
Friday to Saturday 09:00 00:00 hours
Sunday 09:00 to 22:30 hours
Seasonal Variations: Sundays immediately prior to a
Bank Holiday 09:00 to 00:00 hours
4. That the Licence is subject to any relevant mandatory conditions.
5. 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. 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.
10. 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.
11. There shall be a personal licence holder on duty at the premises at all times when the premises are authorised to sell alcohol.
12. All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.
13. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.
14. 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, with the exception of off sales in sealed containers, 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.
15. 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 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.
16. 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.
17. 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) any faults in the CCTV system
(f) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
18. 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.
19. 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.
20. 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.
21. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
22. 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.
23. All windows and external doors shall be kept closed after 21:00 hours, or at any time when Regulated Entertainment takes place, except for the immediate access and egress of persons.
24. All outside tables and chairs shall be rendered unusable by 22:00 hours each day.
25. All tables and chairs shall be removed from the outside area by 23:00 hours each day.
26. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
27. 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.
28. 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.
29. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
30. 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.
31. 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.
32. 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.
33. Sales of alcohol for consumption 'Off' the premises which are to be taken away from the premises shall only be in sealed containers.
34. Sales of alcohol for consumption 'Off' the premises shall cease at 23.00 hours on Monday to Saturday and 22.30 hours on Sunday.
35. The use of door staff will be risk assessed on an ongoing basis by the licence holder of premises supervisor. Where engaged, door staff shall be licensed by the Security Industry Authority.
36. Staff will receive training on matters concerning underage sales, drugs policies and operating procedures to include safety, evacuation and use of emergency equipment as required.
37. There shall be a zero-tolerance policy in relation to drugs at the premises and there shall be regular checks by management to prevent the use of drugs by patrons. Drugs seized shall be stored securely and handed to the Police.
38. There shall be no striptease or nudity in the public licensed area and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue Licence.
39. Policies in relation to children shall be adequately communicated to patrons by staff or through appropriate signage.
40. Toughened glasses will be used in the premises where appropriate.
41. Patrons will be encouraged by staff to leave quietly and respect the interests of the occupiers of any nearby noise sensitive premises, where appropriate the licensee or a suitable staff member will monitor patrons leaving at the closing time.
42. Contact numbers for local taxi firm(s) shall be kept at the premises and made available to patrons requiring a taxi.
43. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
44. No collections of waste or recycling materials (including bottles) from the premises shall take place between 21.00 and 07.00 on the following day unless done during the Council's own collection times for the street as shown on the Council's website.
45. No deliveries to the premises shall take place between 21.00 and 07.00 on the following day.
46. The layout of the ground floor licensed area shall be substantially laid out with tables and seating as indicated on the Premises Licence plan.
47. Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke shall not be permitted to take drinks or glass containers with them. This condition shall not apply to customers remaining within the demise of an external seating area, provided by the premises.
48. Children under the age of 16 shall not be permitted to enter the premises after 21:00 unless dining with an adult.
49. At all times the licence holder shall ensure that smoking by Patrons and staff shall only be permitted by the Eastbourne Terrace frontage and restricted to a designated area between the two entrances along the terrace frontage to be agreed with the Council's Environmental Health Officer.
50. The Premises Licence Holder shall devise, implement and maintain an external management policy dealing with how customers and staff use external areas at the premises and ensuring that they do not congregate or disturb residents in Chilworth Mews. A copy of the management policy shall be made available upon request by the Police and Authorised Officers.
51. Any doors and windows to the ground floor rear of the premises facing Chilworth Mews shall not be opened or used except in the case of an emergency.
52. Taxis collecting and the picking up of Patrons from the premises shall do so from a designated waiting area to be agreed with the Council’s Environmental Health Officer which shall exclude Chilworth Mews for the avoidance of doubt.
53. The Premises Licence Holder shall not take bookings from Coach Parties.
54. There shall be no admittance or new entry to the premises after 23:00 hours except where patrons are permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call.
55. There shall be no deliveries of hot food or alcohol after 23:00 hours Monday to Saturday and 22:30 hours on Sundays.
56. All deliveries of hot food and alcohol from the premises shall be made on foot, by bicycle or by electric powered vehicles.
This is the Full Decision reached by the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
18 May 2023
Supporting documents:
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40 Eastbourne Terrace_Redacted, item 3.
PDF 4 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted