Agenda item
80 Duke Street, London, W1K 6JG
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 1 June 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Md Shamsed Chowdhury and Councillor Jacqui Wilkinson.
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Emanuela Meloyan
Other Parties: Lana Tricker – LT Law (Solicitor for the Applicant), Mr Saul Lewin on behalf of the Applicant, Maryool Lease Limited, Mr Maxwell Koduah (Environmental Health Authority), Mr Richard Brown (Solicitor, Westminster’s Citizens Advice representing Mr Mike Dunn of the Residents Society of Mayfair and St James and Ms Vivienne Loesch (Resident)
Application for a New Premises Licence for 80 Duke Street, London, W1K 6JG - 23/01711/LIPN
Premises:
80 Duke Street,
London,
W1K 6JG
Applicant
Maryool Lease Limited
Ward
West End
Summary of Application
This is an application for a new premises licence under the Licensing Act 2003 (“The Act”). The Applicant is seeking to operate a Lebanese restaurant. The premises also will provide take away meals.
Cumulative Impact Zone
None
Special Consideration Zone:
None
There is a resident count of 149
Proposed Licensable Activities and Hours
Late Night Refreshment
Mondays to Sundays 23.00 to 00.00
Retail Sale of Alcohol (Both) and recorded music
Mondays to Sunday 09.00 until 00.00
Hours Premises are open to the Public
Mondays to Sunday 09.00 until 00.30
For all the above: From end of permitted hours on New Year’s Eve to the start
of permitted hours on New Year’s Day
Representations Received
· Ayesha Bolton (Environmental Health Services)
· Vivienne Loesch (Resident)
· Mike Dunn (On behalf of Residents Society Of Mayfair & St James)
Issues raised by Objectors
· The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety within the area.
· Noise from the premises and it’s servicing will cause noise nuisance to residents nearby and in the area.
· Monday to Thursday sales of alcohol and late night refreshment should end at 11.00pm, and at midnight on Fridays and Saturdays. 10.30pm is appropriate for Sunday end of sales and refreshment.
· Opening hours should end at midnight Monday to Thursday, 12.30am on Friday and Saturday, and 11pm on Sundays.
· The servicing and deliveries activity should not be allowed after 9pm, or 9.30pm
· No movement of goods or other items or substances outside the premises between 9pm and 7.30am.
· No deliveries and no servicing at the premises between 9pm and 7.30am
· Save for WCC services, there will be NO waste/recycling collections at the premises between 8am and 5pm.
· Condition 20 seeks no deliveries before 6am. We feel that this is too early and that it should be changed to 7am at the earliest. In addition there should be a similar condition for waste collections.
· Current Planning restrictions should apply.
Policy Considerations
Policy RNT(1) states
A. Applications outside the West End Cumulative Impact Zone will generally be granted subject to:
B.
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 applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
4. 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.
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.
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.
Restaurants Core Hours
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.
SUBMISSIONS AND REASONS
Ms Roxsana Haq, the Presenting Officer, outlined the application to the Committee.
Ms Tricker confirmed that in attendance was Saul Lewin of the Applicant company.
The Committee was informed by Ms Tricker that the Applicant had experience in operating in Westminster and this Premises is subject of a lease conditional on obtaining a Premises Licence with suitable hours.
Ms Tricker confirmed that the capacity would be 95 instead of the 150 limit planning had imposed. The site will operate as a contemporary Lebanese restaurant with sale of alcohol ancillary to the provision of substantial food. Outdoor seating will be permitted to 23.00.
No regulated entertainment is required as the Premises will be subject to background music alone. Conditions have been agreed with the Environmental Health Services (EH) which have addressed the promotion of the Licensing Objectives. The Premises will not be problematic and waste collection will be by Westminster’s own waste collection services if used.
In response to questions from the Committee, Ms Tricker confirmed that smokers and the outside area would be controlled by way of a Management Plan. The use of the outside area is usually permitted until 23.00 but tables will be removed by that time. The Premises will open for Breakfast from 09.00 to 11.00 and then lunch and dinner throughout the rest of the opening period. Ms Tricker further informed the Committee that takeaway facilities were not a core part of the business for the first 6 months but they would like the provision in line with other restaurant in the area.
The Applicant would want some flexibility in relation to deliveries to the Premises as they require fresh produce, but they are currently working with the business next door to coordinate deliveries and refuse collection to minimise disturbance to residents.
Ms Tricker confirmed that the basement area will not be used for licensable activities and agreed an appropriate condition.
Mr Koduah the EH, confirmed the agreed conditions which provided comfort with the Application despite the hours being outside Core Hours.
Mr Brown representing Mr Dunn and Ms Loesch advised the Committee that there were 5 main issues they had concerns about, the hours, servicing, the capacity of the Premises, consistency with the planning permission and outsider tables and chairs.
Mr Brown stated that this is a prominent site and the hours are well beyond core hours. There is a pub next door which has core hours, and this should be the same.
He advised that the delivery hours should be model hours and the application for recorded music should be refused.
The Committee heard that servicing the Premises is Ms Loesch main concern. She would rather no deliveries between 21.00 and 07.30. Conditions 48 and 49 states 20.00 to 09.00. Any late delivery in the evening will disturb residents. The Committee was directed to para G4 of Westminster’s statement of licensing policy which recognise the issues with deliveries, and it was submitted that it would be better not to have 3rd party and it is difficult to enforce and control their behaviour.
The conflict between planning was highlighted with Ms Tricker offering to close windows and doors by 21.00 but planning stating that they will be closed at all times.
The Committee was advised that the objector would either like the capacity or terminal hours for use of tables and chairs to be reduced.
Mr Dunn confirmed that the location is a highly sensitive residential area and the Premises intend to trade in excess of Core Hours. He felt there was no reason for this. He also requested a condition preventing smokers for taking drinks into outside areas.
The Legal Adviser reviewed the agreed, amend and proposed conditions with all parties. Ms Tricker agreed to a reduction in the terminal time for alcohol sales by 30 minute and reminded the committee that the Premises is not a vertical drinking operation and of the delivery condition agreed. The Committee was also reminded to the reduced capacity of the Premises.
DECISION
The Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application. It was noted by the Committee that the Metropolitan Police Service had not made representations against the application.
Having carefully considered the matter and the need to promote the licensing objectives, the Committee decided to grant the application. The Committee was persuaded that the application met the policy requirements. The Committee has imposed conditions and considered them to be appropriate and proportionate to promote the licensing objectives.
The Committee arrived at this decision based upon the merits of the application and the written and oral evidence.
In reaching its decision, the Committee concluded that the conditions attached to the licence would alleviate the Environmental Health Authority and residents’ concerns.
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 case and the promotion of the four licensing objectives:
1. To grant permission for:
Late Night Refreshment
Mondays to Sundays 23.00 to 00.00
Retail Sale of Alcohol (Both)
Mondays to Sunday 09.00 until 23.30
Hours Premises are open to the Public
Mondays to Sunday 09.00 until 00.30
2. To refuse permission for Recorded Music
3. Relevant Mandatory Conditions to apply
4. Conditions consistent with the operating schedule:
9. 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 shall be covered enabling frontal identification of every person entering in any light condition. The outside seating areas shall be covered by the CCTV at the premises. The CCTV system shall continually record whilst the premises is 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 entire 31 day period.
10. 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
11. 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
12. 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.
13. There shall be no sales of alcohol for consumption off the premises after 23.00.
14. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
16. 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.
17. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity
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. The maximum capacity to be no more than 95 excluding staff.
19. All sales of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
20. All sales of alcohol for consumption off the premises shall be either:
(a) in sealed containers and shall not be consumed on the premises and shall only be supplied with, and ancillary to a take-away meal Or for delivery (either by phone or online) to a bona fide address and the customer shall be reminded that the premises operate a challenge 25 policy. Customers shall be asked to provide ID on delivery if they look younger than 25. Restaurant staff shall notify the delivery drivers if an order contains alcohol and/or
(b) restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway and where the supply of alcohol is by waiter or waitress service only.
21. Notwithstanding condition (19), alcohol may be supplied and consumed to seated patrons prior to their meal in the bar area (designated on the plan), by up to a maximum at any one time, of 10 persons dining at the premises.
22. The supply of alcohol shall be by waiter or waitress service only including by bar staff if seated at the bar.
23. 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.
24. 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.
25. 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.
26. 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 shall 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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.
27. 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.
28. No deliveries to the premises shall take place between (21.00) and (07.30) on the following day.
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. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.
35. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment
36. The premises may remain open for the regulated entertainment, sale of alcohol and the provision of late-night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
37. 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.
38. Before the premises open to the public, the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.
39. 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.
40. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner to ensure that there is no public nuisance or obstruction of the public highway.
41. All tables and chairs shall be removed from the outside area by (23.00) each day.
42. Deliveries of food shall only be made to a bona fide residential or business addresses.
43. The Premises Licence Holder shall ensure that riders/drivers shall be instructed not to loiter in the vicinity of residential premises.
44. The Premises Licence Holder shall ensure that riders/drivers shall not be permitted to congregate in the immediate vicinity of the premises.
45. The Premises Licence Holder shall ensure that riders/drivers shall not be permitted to smoke in the immediate vicinity of the premises
46. Delivery drivers/riders 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 of the licenced premises.
47. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
48. Save for WCC waste collection services, no waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21.00 hours and 08.00 hours on the following day.
49. Save for WCC waste collection services, no collections of waste or recycling materials (including bottles) from the premises shall take place between 21.00 and 08.00 on the following day.
Conditions imposed as appropriate and proportionate:
50. No licensable activities or consumption of alcohol shall take place in the basement area of the premises.
51. Smokers shall be directed to Duke Street to smoke.
52. The Premises Licence Holder shall ensure that there are suitable receptacles positioned outside the premises for use by smokers.
INFORMATIVE:
The Committee was informed by Mrs Tricker that the Applicant shall seek to agree with the neighbouring public house to have joint refuse collections to prevent unnecessary nuisance to residents. Discussions, if necessary, shall take place between the parties to have WCC refuse services collect refuse between 16.00 and 18.00 hrs rather that during the earlier morning slot.
The Committee welcome partnership working between the parties to prevent public nuisance.
The Committee also remind residents of their right to report incidents of public nuisance to Westminster City Council’s Environmental Health Department and/or to commence a Review of the Premises Licence.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
1st June 2023
Supporting documents:
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2301711LIPN 80 Duke Street 01 June redacted, item 2.
PDF 922 KB - Restricted enclosure View the reasons why document 2./2 is restricted
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