Agenda item
Carlotta, 77 Marylebone High Street, W1U 5JX
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3
(“The Committee”)
Thursday 22 June 2023
Membership: Councillor Robert Eagleton (Chair) Councillor Concia Albert Councillor Louise Hyams
Application for a Variation of Premises Licence in respect of Carlotta 77 Marylebone High Street London W1U 5JX 23/02328/LIPV
Full Decision
Premises
Carlotta
77 Marylebone High Street
London
W1U 5JX
Premises Licence Holder
Big Mamma Holdings Limited (“PLH”)
Cumulative Impact Area
None
Ward
Marylebone
Special Consideration Zone
None
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises
under the Licensing Act 2003 (“The Act”) in respect of Carlotta 77 Marylebone High
Street London W1U 5JX (“The Premises”). The Premises operates as a high-end
Italian restaurant and was granted a Premises Licence in September 2022 under
licensing reference 23/0287/LIPRW. Big Mamma Holdings Limited are the Premises
Licence Holder (“PLH”). The PLH is returning to the Sub-Committee as their initial
application did not grant Westminster’s core hours. The PLH is therefore seeking to
extend opening hours and the terminal hour for the Supply of Alcohol both ‘On’ and
‘Off’ the Premises Monday to Thursday from 23:00 hours to 23:30 hours, Friday and
Saturday from 23:00 to 00:00 and Sundays from 22:00 to 22:30 hour. The activities
and hours are as per the Premises Licence.
The Premises are located within the Marylebone Ward but not located within the West End Cumulative Impact Zone or any Special Consideration Zone. There is no policy presumption to refuse the application. The matter was assessed on its individual merits having regard to the evidence before the Licensing Sub-Committee and the promotion of the licensing objectives
Representations were received from the Environmental Health Service (EHS) (withdrawn) and the Local Ward Councillors. These objections cite public nuisance issues.
There is a resident count of 249.
Representations received
· Environmental Health Service (Kudzaishe Mondhlani) (Withdrawn)
· Councillor Karen Scarborough
Summary of issues raised by objectors
· An increase of hours for the supply of alcohol will have the likely effect of causing an increase in Public Nuisance. The application will be assessed upon a site visit and additional EH conditions may be proposed to uphold the licensing objectives. After being satisfied with the application Environmental Health withdrew their objection on 11th May 2023.
· On behalf of the Marylebone Ward Councillors, I am writing to object to the proposed variation, as it will not support the Licensing Objectives, namely Prevention of Public Nuisance & Safety, Crime and Disorder and Protection of Children from Harm. This is a new business to Marylebone and now a softly softly "creep" in hours as they have only recently applied for and been granted a new premises licence and therefore have no track record of operating in this area which is highly residential. In fact, it is very disappointing that in spite of them liaising with Marylebone Councillors on their initial application and that they accepted the conditions and hours that were proposed to protect our resident, they are now seeking a variation. Therefore, we object to the sale of alcohol from 08:00 to 23:30 Monday to Thursday, 08:00 to 00:00 Friday & Saturday and 08:00 to 22.30 on Sundays both indoors and outdoors. Patrons leaving the premises at the hours sought will cause a disturbance, with car doors banging and loud voices in a hugely residential area. They will be parking in adjacent streets which have residents living in flats. Whilst it is appreciated that every application is considered on its merits, not only has this premises not operated in this location previously, as it is a new business in Marylebone, it is my understanding because it is in a residential area that there are few if any other premises selling alcohol in the vicinity with these hours. It is likely to become a destination venue. If the Committee is minded to grant this application then we would request that the hours applied for are reduced and for off sales, the hours as were agreed remain as granted on their present new licence.
Policy Considerations
Policies HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy apply (SLP).
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.
B. Applications for hours outside the core hours set out in Clause C
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.
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.
3. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
11. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
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.
3. The operation of any delivery services for alcohol and/or latenight refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
B. Applications inside 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 are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or latenight
refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. 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, except if provided via an ancillary delivery service to customers at their residential or workplace address.
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
SUBMISSIONS AND REASONS
The Presenting Officer, Ms Jessica Donovan outlined the application to the Sub-Committee. She advised that this is an application for a Variation of a Premises Licence in respect of Carlotta 77 Marylebone High Street London W1U 5JX. The application has been brought by the PLH, Big Mamma Holdings Ltd (represented today by James Anderson of Poppleston Allen). The PLH seeks to vary the opening and terminal hour of the Supply of Alcohol both ‘On’ and ‘Off’ the Premises Monday to Thursday from 23:00 hours to 23:30 hours, Friday and Saturday from 23:00 to 00:00 and Sundays from 22:00 to 22:30 hour. Full details can be found at pages 120-121 of the agenda report. Representations were received from the Environmental Health Service and a Local Ward Councillor (made on behalf of all Ward Councillors) who is not in attendance today. The representation by the EHS was withdrawn on 11 May 2023. The Premises are located within the Marylebone Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies.
Mr James Anderson appearing on behalf of the PLH addressed the Sub-Committee. Mr Anderson advised that the PLH had applied for core hours and that was the basis for the variation application. He explained that the hours granted on the Premises Licence mirrored the hours when planning permission was obtained. The variation was to extend the sale of alcohol to core hours and this was in accordance with policy. Mr Anderson advised that the application should have included an extension of the hours for late night refreshment and that a minor variation would be made in the near future to remedy this omission and this was noted by the Sub-Committee.
Mr Anderson stated that the Premises was an Italian international business and that the Big Mama brand has individual premises in London. Mr Anderson said that the brand will bring good authentic Italian cuisine to the local area and has already been well received by residents during the short period of time it has been open.
For the benefit of the Sub-Committee Mr Anderson confirmed the following:-
· The Premises has been trading since 8 May when the restaurant opened.
· 70% of the custom is from locals in the area.
· There has only been one issue with a resident living above the Premises regarding glass collection but that has now been satisfactorily dealt with and resolved.
· The Kitchen area currently closes at 20.30 which is quite restrictive and local customers have wanted to come in later to the Premises to dine.
· The standard model Restaurant condition applies to the whole of the Premises. Bar access was removed due to the local ward Councillor’s views
· In terms of Off-sales this is limited by conditions.
· There will be no deliveries.
· There is a condition limiting the number of customers to the external area to 10/11.
In answer to questions from the Sub-Committee Mr Anderson advised that the PLH had cultivated good relations with residents living above the Premises as well as the immediate Landlord. Mr Anderson said that the PLH could have applied for core hours originally but just followed the planning permission hours. He said that the PLH is confident that they can operate to core hours without any risk.
In terms of tables and chairs outside of the Premises he said there are 9 tables and 18 seats under a pavement licence pursuant to the provisions of the Business and Planning Act 2020.
Conclusion
The Sub-Committee realises that it has duty to consider each application on its individual merits and did so when determining the variation application.
The Sub-Committee noted that the Premises Licence already permits the sale of alcohol On and Off the Premises and the purpose behind this variation was to extend the hours to Westminster’s core hours.
There is no policy presumption to refuse the application for a restaurant Premises noting that the opening hours and the terminal hour for the sale of alcohol are now extended to core hours accordingly. These hours now accord with the hours for the planning permission.
The Sub-Committee noted that the PLH will be making a minor variation application at a later date to extend the hours for late night refreshment as this was omitted inadvertently from the application.
The Sub-Committee concluded that the PLH had provided valid reasons why the Variation application should be granted. There are a number of comprehensive conditions on the licence that exist and deal with the issue of nuisance so the right balance had been struck when considering the needs of local residents and the ability of the PLH to run his Premises in a way that will promote the licensing objectives rather than hinder.
The Sub-Committee concluded based on the evidence that the PLH would promote the licensing objectives with the conditions that are already imposed on the Premises Licence. These conditions will mitigate the concerns raised by those who had objected to the application namely the EHS on public nuisance grounds and who subsequently withdrew their objection which gave comfort to the Sub-Committee because they were now satisfied with the application and the remaining objection from the Local Ward Councillors.
The Sub-Committee noted the concerns of the Local Ward Councillors when it came to the issue of potential nuisance but there was no evidence before the Sub-Committee to suggest that the PLH’s running of the Premises would lead to the matters complained off for a refusal of the variation application. The fact that the Premises had not been operating for long was not a bar for refusal of the application as the key test before the Sub-Committee is whether the licensing objectives are to be promoted.
However, the Sub-Committee took the view that if problems do occur then residents are advised to report their concerns in the first instance to the Councils EHS for investigation and the necessary action can be taken.
The Sub-Committee did not consider it appropriate to add further conditions to the Premises Licence as the existing conditions have the desired effect of promoting the licensing objectives.
Having carefully considered the committee papers and the submissions made by all parties, both orally and in writing, the Committee had 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 the Sale by Retail of Alcohol (On and Off) Monday to Thursday 08:00 to 23:30 Friday and Saturday 08:00 to 00:00 Sunday 08:00 to 22:30.
2. To grant permission for the Opening Hours of the Premises Monday to Thursday 08:00 to 23:30 Friday and Saturday 08:00 to 00:00 Sunday 08:00 to 22:30.
3. That the varied licence is subject to any relevant mandatory conditions.
4. That the existing conditions on the licence shall apply in all respects as specified below numbered 5-28.
Conditions imposed by the Committee after a hearing with agreement of the Applicant
5. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) The CCTV system shall continually record whilst the premises is 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.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
6. 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.
7. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. The supply of alcohol at the premises 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.
9. 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.
10. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.
11. 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, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
12. 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.
13. Save for alcohol consumed by persons who are seated in an area appropriately authorized for the use of tables and chairs on the highway, all sales of alcohol for consumption off the premises shall be in sealed containers only.
14. Alcohol consumed by persons who are seated in an area appropriately authorized for the use of tables and chairs on the highway shall only be consumed by patrons seated at tables who are taking a substantial meal and where the supply of alcohol is by waiter or waitress only.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
16. 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.
17. 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.
18. The supply of alcohol shall be by waiter or waitress service only.
19. 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.
20. 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.
21. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
22. With the exception of non-intrusive deliveries (e.g. post, milk, pastries, newspapers etc) there shall be no deliveries to the premises between the hours of 23.00 and 08.00 hours the following morning.
23. 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.
24. 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.
25. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
26. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
27. All tables and chairs shall be removed from the outside area by 23.00 hours on Monday to Saturday and 22.00 hours on Sunday.
28. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed:
• Ground Floor 130 persons
• Basement 60 persons
This is the Full Decision of the Licensing Sub-Committee takes effect forthwith.
The Licensing Sub-Committee
22 June 2022
Supporting documents:
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Carlotta_LSC Report_Redacted, item 3.
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