Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
St James’s   * None   ** None	Eight Golden Horses 120-122 Horseferry Road SW1P 2EF	New Premises Licence	23/01381/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 25 May 2023 – Item 1

 

Membership:      Councillor Robert Eagleton (Chair) Councillor Concia Albert and Councillor Jim Glen

 

Officer Support:       Legal Adviser:              Viviene Walker

                                Policy Officer:               Daisy Gadd

                                Committee Officer:      Sarah Craddock

                                 Presenting Officer:            Emanuela Meloyan

 

Other Parties:          Mr Munkhsaikhan Davaakhuu (Leaseholder) and Ms Sally Fabbricatore (Environmental Health Service)

                       

Application for New Premises Licence in respect of Eight Golden Horses 120-122 Horseferry Road London SW1P 2EF 23/01381/LIPN - Item 1

 

Full Decision

Premises

 

Eight Golden Horses

120-122 Horseferry Road

London SW1P 2EF

 

Applicant

 

Miss Chimedtseren Odongerel

 

Ward

 

St James’s

 

Cumulative Impact Zone

 

N/A

 

Special Consideration Zone

 

N/A

 

Activities and Hours applied 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 to 22:30 hours

 

Seasonal Variations: On Sundays immediately prior to a bank holiday 09:00 to 00:00 hours.  On New Year’s Eve licensable activities may take place from the end of permitted hours until 04:00 on the following day.

 

Hours Premises are Open to the Public

Monday to Saturday 06:30 to 23:00 hours

Sunday 07:30 to 22:30 hours

 

Seasonal Variations:  On Sundays immediately prior to a bank holiday 09:00 to 00:00 hours.  On New Year’s Eve licensable activities may take place from the end of permitted hours until 04:00 on the following day.

 

 

Summary of Application

 

This is an application for a New Premises Licence. The Premises currently operate as a restaurant.  They serve tea, Monmouth Coffee and English Breakfast in the morning and Japanese and Mongolian national dishes during lunch and in the evenings. There is a resident count of 206.

 

Representations Received

 

·       Environmental Health Service

·       Metropolitan Police Service (Withdrawn)

·       Octavia House Resident’s Association

·       Six local residents

 

Summary of objections

 

·       The neighbours are already having very high concerns about anti-

social behaviours in the area.

·       We notice everyday anti-social behaviour associated with use of alcohol and drugs around the building.

·       Already the permission for tables and chairs has affected the area.

·       We are concerned that the permission for selling alcohol will affect the area.

·       I do not think it would be safe for this property to have an alcohol licence.

·       The premises operate mainly as a café.  They are seldom open in the evenings.

·       Daytime provision of alcohol would not be safe given and older school children passed the premises in the evening. 

·       The consumption of alcohol can lead to an increase in volume of speech, laughter and other displays of enjoyment.  This needs to be carefully balanced against the ability of nearby residents to have the peaceful enjoyment of their own dwellings.

·       The period between 8 p.m. and midnight will often be critical to residents and their children who will be seeking to rest and sleep.

·       The application gives the impression that it is only so that customers may enjoy alcohol with their meals.  However, with the bar clearly delineated on the plan and tables provided outside, this simply becomes another drinking establishment.

·       In the evenings and at weekends the area is residential and quiet, I feel this will encourage nose and anti-social behaviour and annoy the neighbourhood.

·       At present the premises applying to run as a café where all age group can go, how can it now become a place which serves alcohol?

·       There are secondary school age children who pass this road and go into these shops.

·       I feel the application would not be of any benefit to the local area.

 

Policy Positions

 

 

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.

 

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 a Licence for later or earlier hours on crime and disorder, public safety,

      public Nuisance and the protection of children from harm.

 

SUBMISSIONS AND REASONS

 

Ms Emanuela Meloyan Senior Licensing Officer outlined the application to the Sub-Committee. She advised that representations had been received from the Environmental Health Service, Octavia House Resident’s Association and six local residents.  She confirmed that the Metropolitan Police Service had withdrawn their representation and that no Interested Parties were at the meeting. She advised that the Premises are located within the St James’s Ward but not within the Cumulative Impact Zone or the Special Consideration Zone.  She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated to the Sub Committee.

 

 

 

Mr Munkhsaikhan Davaakhuu (Leaseholder) on behalf of the Applicant outlined the application before the Sub-Committee.  He explained that this was a small café with a capacity for 18 people to sit inside and for 14 people to sit outside of the Premises.  He explained that the Applicant was applying for the Premises Licence because they needed to bring in extra revenue due to the impact of covid and the increase in business rates.  He advised that they sold Japanese and Mongolian national dishes during lunch and in the evenings and that they wished to offer their customers the opportunity to have a small beer (between £6-£8) or a bottle of sake (£18-£25) with their meal.  He stated that the Applicant was aware of the anti-social behaviour in the area and worked with the other Premises in the area and the Metropolitan Police Service to reduce the public nuisance.

 

In response to questions from the Sub Committee, Mr Davaakhuu advised that the café would operate within the Council’s Core Hours Policy, and he was happy that the tables and chairs outside of the Premises were rendered unusable at 21:00 hours.  He outlined that the café sold good quality coffee and their meals were around £8 each. He confirmed that the café had CCTV.

 

Ms Sally Fabbricatore, representing the Environmental Health Service (EHS), advised that EHS had maintained their representation in regard to the Public Nuisance concerned raised by residents and to be at the meeting to answer the Sub Committee questions.  She confirmed that the Council’s Model Condition MC38 would be attached to the Premises Licence so alcohol could only be served with food and that off sales of alcohol could only be made with the purchase of a takeaway meal.  She stated that residents were concerned about the operation of the outside area late into the night however, their concerns should now be alleviated as the Applicant had agreed to stop serving outside at 21:00 hours.  She advised that the EHS were content with the application and that the Applicant had agreed to all their proposed conditions.

 

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account 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 was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

The Sub-Committee took into consideration that conditions had been agreed with the Environmental Health Service who were satisfied with the application.  The Sub Committee further noted that the Police Service had withdrawn their representation and that the Premises were not located in a stress area or a special consideration zone.  The Sub-Committee noted that the application had been made within the Council’s Core Hours Policy and that the Council’s model condition MC38 that alcohol could only be served with food would be attached to the Premises Licence. 

 

The Sub-Committee concluded based on the evidence and the agreement by the Environmental Health Service that they no longer had concerns with the application, together with the offer of conditions would ensure the application would not undermine the licensing objectives.

In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing 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 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 and Off Sales) Monday to Thursday 09:00 to 23:30 hours Friday to Saturday 09:00 to 00:00 hours Sunday 09:00 to 22:30 hours

 

Seasonal Variations: On Sundays immediately prior to a bank holiday 09:00 to 00:00 hours.  On New Year’s Eve licensable activities may take place from the end of permitted hours until 04:00 on the following day.                            

                               

2.        To grant permission for the Opening Hours for the Premises to the Public Monday to Saturday 06:30 to 23:00 hours and Sunday 07:30 to 22:30 hours

 

Seasonal Variations:  On Sundays immediately prior to a bank holiday 09:00 to 00:00 hours.   On New Year’s Eve licensable activities may take place from the end of permitted hours until 04:00 on the following day.

                            

3.        That the Licence is subject to any relevant mandatory conditions.

 

4.        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

 

 

9.        The supply of alcohol for consumption on the premises (including the inside the premises and the external area) shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

For the purpose of this condition a ‘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.

 

10.      The supply of alcohol shall be by waiter or waitress service only.

 

11.      The number of seated persons inside and outside the premises (excluding staff) shall not exceed 30 persons.

 

12.      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.

 

13.      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 unless seated in an authorised external area.

 

14.      All tables and chairs shall be rendered unusable by 21:00 hours each day.

 

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.      Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to food that is available to take-away for immediate consumption or delivery.

 

17.      Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

 

18.      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.

 

19.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

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.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

 22.     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.

 

23.      No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.

 

24.      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.

 

25.      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.

 

26.      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.

 

27.      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.

 

28.      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 regarding crime disorder

           (d) any incidents of disorder

           (e) any faults in the CCTV system

           (f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service.

 

 29.     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.

 

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

25 May 2023