Agenda item
Ground Floor, 47 Moscow Road, W2 4AH
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 Erlind Dobranja of the Applicant Company Pastada Ltd, Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing SEBRA) and Mr John Zamit (SEBRA).
Application for New Premises Licence in respect of Ground Floor 47 Moscow Road London W2 4AH - 23/01053LIPN - Item 2
FULL DECISION
Premises
Pastada
Ground Floor
47 Moscow Road
London W2 4AH
Applicant
Pastada Limited
Ward
Lancaster Gate
Cumulative Impact Zone
None
Special Consideration Zone
None
Proposed Licensable Activities and Hours
· Sale by Retail of Alcohol (On Sales)
Monday to Saturday 10:00 to 23:00 hours
Sunday 10:00 to 22:30 hours
Seasonal Variations: None
· Hours Premises are Open to the Public
Monday to Tuesday 08:00 to 20:00 hours
Wednesday to Thursday 08:00 to 21:00 hours
Friday to Saturday 08:00 to 22:00 hours
Sunday 08:00 to 22:30 hours.
Seasonal Variations: None
Summary of Application
This is an application for a New Premises Licence. The Premises proposed to trade as a small café serving all day brunch as a sit-down venue. The Applicant proposed to provide a selection of cocktails and a small wine list to serve with brunch.
The Premises had the benefit of a licence in 2013, this licence subsequently lapsed when the licence holder become insolvent in February 2018. There is a resident count of 302.
Representations Received
· Metropolitan Police Service (withdrawn)
· Environmental Health Service
· South East Bayswater Residents’ Association (SEBRA)
· Councillor Laila Cunningham
· Local resident
· Bayswater Residents Association (BRA)
Summary of Objections
· The supply of alcohol and for the hours requested may impact on Public Safety and lead to an increase in Public Nuisance in the area.
· There are concerns about the noise and odour emanating from the Premises due to the plant and machinery employed for the cooking of food.
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(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.
SUBMISSIONS AND REASONS
The Chair of the Sub-Committee, Councillor Maggie Carmen noted that the Police and Environmental Health Service have withdrawn their representations and that all parties were willing to withdraw their objections, but they were waiting for the others to withdraw first. She asked whether there were any further submissions the relevant parties would like to raise to the Sub-Committee not already raised in their submissions.
Mr Richard Brown, representing SEBRA informed the Sub-Committee that there was an error on the opening hours which were less than the licensing hours. He confirmed that they would be the same as the licensing hours.
Mr John Zamit, on behalf of SEBRA, informed the Sub-Committee that the Premises had previously been a pizza restaurant where substance use was prevalent on that corner impacting negatively on residents. He advised that because of the requested hours and conditions, including those requested and accepted by Environmental Health Service and SEBRA, they were content with the application. He informed the Sub-Committee that there would be an opportunity for review if needed.
Conclusion
The Committee has a duty to consider the application on its individual merits and took into account all the committee papers and submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of this application.
The Sub-Committee noted that the Metropolitan Police Service and the Licensing Authority had not made representations against the application.
The Sub- Committee noted that the Applicant had successfully consulted with the local residents and the relevant authorities and amended their application accordingly.
The Sub-Committee noted that the proposed conditions had been agreed with the Responsible Authorities and concluded that these conditions attached to the Licence would alleviate residents’ concerns and were appropriate to promote the licensing objectives.
Having carefully considered the Sub-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 this application and the promotion of the four licensing objectives to grant the application with the following permissions:
1. To grant permission for the Sale by Retail of Alcohol (On Sales)
Monday to Saturday 10:00 to 23:00 hours
Sunday 10:00 to 22:30 hours
Seasonal Variations: None
2. To grant permission for the Opening Hours for the Premises
Monday to Tuesday 08:00 to 20:00 hours
Wednesday to Thursday 08:00 to 21:00 hours
Friday to Saturday 08:00 to 22:00 hours
Sunday 08:00 to 22:30 hours.
Seasonal Variations: None
3. That the Licence is subject to any relevant mandatory conditions.
4. That the Licence is subject to the following conditions imposed by the
Sub-Committee which are considered appropriate and proportionate to
Promote the licensing objectives.
Conditions imposed by the Sub-Committee after a hearing with the agreement of the Applicant
9. 'Off' sales of alcohol shall only be provided to person seated at the external table and chair.
10. The maximum number of persons accommodated at any one time (excluding staff) shall not exceed 15.
11. All tables and chairs shall be removed from the outside area by 23.00 hours each day.
12. All waste shall be properly presented and placed for collection no earlier than 30 minutes before the scheduled collection time.
13. No rubbish, including bottles, shall be moved, removed or placed in the outside areas between 2300 hours and 0800 hours.
14. The pavement from the building line to the kerb edge immediately outside the premises, including gutter / channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.
15. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a table meal to persons seated.
16. There shall be no self service of alcohol on the premises.
17. 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.
18. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
19. The licence holder shall ensure that all cashiers and relevant staff are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 21 years (or older if the licence holder so elects) for evidence of age. This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is introduced. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced.
20. 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.
21. There shall be no striptease or nudity, and all persons shall be decently attired at all times.
22. There shall be no off sales of super-strength beer, lagers or ciders of 5.5% ABV (alcohol by volume) or above.
23. No deliveries shall be made to the premises between 20:00 and 08:00 hours Monday to Saturday and Sunday between 22:00 to 10:00 hours.
24. There shall be no draught beer available at the premises.
25. Toilet facilities shall be provided for customers, if requested.
26. No alcohol sales shall be permitted as part of the delivery service of food.
27. The outside area shall be kept clean at all times the premises are open.
28. All windows and external doors shall be kept closed at all times, except for the immediate access and egress of persons.
29. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to nuisance.
30. Notices shall be prominently displayed at all exists requesting patrons to respect the needs of local residents and leave the area quietly.
31. Only alcohol purchased at the premises shall be consumed at the tables outside.
32. 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 the Police or authorised officer throughout the entire 31-day period.
33. 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.
34. 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.
35. 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.
36. Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises (including alcohol behind the counter) is secured in a locked store room or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.
37. 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.
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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LSC Report - 47 Moscow Road_Redacted, item 2.
PDF 4 MB - Restricted enclosure View the reasons why document 2./2 is restricted
- Restricted enclosure View the reasons why document 2./3 is restricted