Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Knightsbridge and Belgravia   * None   ** None	54-56 Elizabeth Street SW1W 9PB	New Premises Licence	23/02627/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Thursday 29 June 2023

 

Membership:      Councillor Maggie Carman (Chair) Councillor Judith Southern and Councillor Tim Mitchell.

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Karyn Abbott

 

Other Parties: 

Alun Thomas (Solicitor, Thomas & Thomas, on behalf of the Applicant),

Lindsey Harper (Applicant, Grosvenor Estates Belgravia) and

Stefan Bartlett (on behalf of residents on Elizabeth Street).

 

Application for NEW Premises Licence in respect of 54 – 56 Elizabeth Street London SW1W 9PB23/02627/LIPN

 

Full Decision

 

Premises

 

54–56 Elizabeth Street

London

SW1W 9PB

 

Applicant

 

Grosvenor Estates Belgravia

 

Ward

 

Knightsbridge and Belgravia

 

Cumulative Impact Zone

 

N/A

 

Special Consideration Zone

 

N/A

 

Proposed Licensable Activities and Hours

 

·       Sale by Retail of Alcohol

 

Monday to Sunday 10:00 to 22:30 hours

 

           Sundays 12.00 to 22.30 hours

·       Hours Premises are open to the public

 

Monday to Sunday 07:30 to 23:00 hours

 

Seasonal variations: None

 

 

Summary of the Application

 

This is an application for a NEW Premises Licence under the Licensing Act 2003 (“The Act”).   The Premises currently operates as a local delicatessen serving coffee all day, homemade cakes and a full range of deli items with a dine in menu offering brunch and light mains.  The Premises had the benefit of a Premises Licence between 2006 and 2008 in which it was surrendered.  A new Premises Licence was granted in 2020 but lapsed in July 2022.  The application is made to reinstate this Premises Licence following the Premises Licence Holder going into administration in 2022 and is made on the same terms, conditions and layout as the lapsed Premises Licence.  There is a resident court of 140.

 

Representations Received

 

Seven local residents

 

 

Issues raised by Objectors

 

·       There are already too many Premises Licences in the street.

·       The Premises was supposed to be a community café for families.

·       Sunday hours should be restricted until 6pm.  A 7 day week offering for residents is too much.  It should be adjusted to allow us to have peace and quiet in our homes.

·       The units itself is not fit for purpose and is a retail space not sizeable to operate as a restaurant.

·       The street already suffers from antisocial hours of deliveries and rubbish/recycling for food outlets before and after they close.

 

Policy Considerations

 

HRS1

Applications within the Council’s Core Hours 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:

 

1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1 and 2. The hours for licensable activities being within the Council’s Core Hours Policy HRS1.

 

SUBMISSIONS AND REASONS

 

Mr Karyn Abbott, Senior Licensing Officer, outlined the application to the Committee.  She advised that representations had been received from seven local residents.  She further advised that the Premises were located within the Knightsbridge and Belgravia Ward but were not in a Cumulative Impact Area or Special Consideration Area.

 

Mr Alun Thomas, solicitor on half of the Applicant addressed the Committee.  He explained that the Premises Licence that was recently held by Baker and Spice had lapsed when the company were met with difficult times (during COVID).  He outlined that the applicant was applying for a Premises Licence on the exact same terms as the lapsed Premises Licence and that the Premises was operated as a café delicatessen.  He added that the maximum capacity was 32 persons. He advised that the Applicant had exchanged correspondence with the Interested Parties who wished the Premises to be reassessed in terms of Public Safety and the operating hours to be reduced to 21:00 hours.  Mr Thomas emphasised that the Applicant could do neither of these things because the hours sought were within the Council’s Core Hours Policy and the Premises had already been assessed for public safety.  He advised that the Premises were not located in a cumulative impact area or a special consideration zone and there had been no significant problems with the operation of the Premises.  He requested that that the application be granted as it was made on the same terms as the lapsed Premises Licence.

 

In response to questions from the Committee, Mr Thomas advised that the ground floor was used as a food preparation area and that the conditions clearly stated that the Premises needed to remain as a café eatery/café delicatessen.  He added that the Premises would certainly not be a drink led establishment.  He advised that the Applicant was looking to lease the Premises to an independent business or ideally one that maybe had another establishment elsewhere in London.  He advised that the external area was subject to a Table and Chairs Pavement Licence and all external tables and chairs would be rendered unusable at 21:00 hours.

 

Mr Stefan Bartlett (on behalf of residents on Elizabeth Street) advised that he lived adjacent to the Premises and that Elizabeth Street was a lovely, pretty and calm street which was the home of many residents including four families.  He outlined that the properties in the street were built in the 1890s and there was no adequate separation from the ground floor to the top floor so vibrations and noise carried throughout the buildings.  He referred to a recent fire on the street started in a ground floor Premises and which nearly burnt down the whole of the building. 

 

 

Mr Bartlett advised the Committee that the Premises was located in the part of the street were the majority of residents lived and that the original intention was for the Premises to be operated as a community café where families sat and had coffee with their children.  He considered that the street did not need another Premises on the street that provided alcohol because the numerous licensed Premises suggested to children that everyone should/wants/needs to drink alcohol.

 

Mr Bartlett advised that if the Committee were minded to grant the Premises Licence that they do so with a much reduced terminal hour such as 19:00 hours or at the very latest 21:00 hours.  He emphasised that residents should be allowed some respite on Sundays from the hustle and noise of the street.  He outlined that there was only one exit for these Premises and one exit for the domestic properties above which was not adequate for any building.

 

Mr Bartlett referred to photographs of rubbish in the street that had been consistently left out by the previous owners for over six hours each day.  He outlined how the residents had to deal with this mess because the Grosvenor Estate had not been able to resolve the waste/rubbish issue. 

 

Mr Thomas advised that the Applicant would ensure that the new tenants would use the Council’s waste collection service and that all rubbish would remain inside the Premises until 30 minutes before collection was made.  Mr Bartlett advised of Saint Michael’s Church and the local primary schools located near to the Premises.  He outlined how the Premises could turn into a restaurant instead of staying as a café.

 

In response to questions, Mr Bartlett advised that Baker and Spice operated until 21:00 hours only.  He added that if alcohol needed to be sold then food must be served with it and the operating hours should be reduced to 21:00 hours.  He considered that an alcohol licence was granted in the first instance because it was such a small Premises and that the business could not meet the ever demanding rent rises and/or make the business commercially viable.

 

During his summing up, Mr Thomas confirmed that any new tenants would have to employ Westminster refuse collection to collect their rubbish and that any waste would be stored inside the Premises until 30 minutes before collection.  He advised that the previous owners were obviously in breach of this condition on their Premises Licence.

 

Conclusion

 

The Committee has a duty to consider the application on its individual merits and took into account all the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Committee noted that the Applicant was requesting a duplicate premises licence with the same conditions, hours and layout as the authority which lapsed. It was also seen that none of the Responsible Authorities had made representations against the application. The Premises has been previously assessed and has operated without reported problems. The previous operations went into administration during COVID lock down having traded for 15 years and as a result the Premises Licence lapsed. This application is purely to replace that licence.

 

The Committee was aware that the question of need or the viability of an operation commercially is not a matter to be considered under the Act. Whether the operation is a community café or not, is an operational issue for the Applicant. The Committee is satisfied on balance and on the evidence, that the operation of the Premises will not adversely affect the Licensing Objectives under the Act. The terms of policy B15 was also noted and applied.

 

The Committee consider the proposed conditions and in particular conditions 18, 22, 20 and 32 to be proportionate and essential conditions.

 

In reaching their decision, the Committee concluded that the hours it imposed on the licence for the licensable activities having regard to the Core Hours Policy was appropriate and proportionate and therefore struck the right balance when considering the needs of local residents and the Applicants commercial needs to be able to operate and run a business successfully.

 

In reaching its decision, the Committee concluded that the conditions imposed on the Premises Licence were appropriate and would alleviate resident’s concerns and would promote the licensing objectives.

 

Having carefully considered the committee papers, the Act, the SoLP, the Guidance under sec 182 of the Act 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: -

 

1.     To grant permission:

 

a) For Sale by Retail of Alcohol (on and off) Monday to Saturday 10:00 to 22:30 hours and on Sundays 12.00 to 22.30

 

b) For the Opening Hours of the Premises Monday to Sunday 07:30 to 23:00 hours.

 

2.     The Licence is subject to any relevant Mandatory Conditions.

 

3.     The Licence is subject to the following conditions imposed by the

Committee which are considered appropriate and proportionate to

promote the licensing objectives:

 

9.              The supply of alcohol at the premises shall only be to persons seated at tables.

 

10.           All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises, except for alcohol provided to patrons seated at tables within the authorised external seating area.

 

11.           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 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.

 

12.           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.

 

13.           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.

 

14.           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.

 

15.           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.

 

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

 

17.           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.

 

18.           The supply of alcohol at the premises, including any area appropriately authorised for the use of tables and chairs, shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

19.           The supply of alcohol at the premises, including any area appropriately authorised for the use of tables and chairs, shall be by waiter or waitress service only.

 

20.           The consumption of alcohol in any area appropriately authorised for the use of tables and chairs shall cease at 21:00 hours.

 

21.           All tables and chairs shall be removed from the outside area by 22:00 hours each day.

 

22.           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.

 

23.           There shall be no draught beer and spirits, except for cocktails.

 

24.           Save for alcohol consumed at any area appropriately authorised for the use of tables and chairs, the sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

25.           Save for bottled red, white or rose wine from the retail range, the sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.

 

26.           A direct telephone number for the manager at the premises shall always be publicly available when the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

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

 

28.           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.

 

29.           No collections of waste or recycling materials (including bottles) from the premises shall take place between 21.00 and 08.00 hours) on the following day.

 

30.           With the exception of milk and bread fresh produce, no deliveries to the premises shall take place between 21.00 and 08.00 hours on the following day.

 

31.           The number of seated persons permitted in the premises at any one time (excluding staff) shall not exceed 32 persons.

 

32.           The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a café/delicatessen.

 

33.           That an External Seating Management Policy be devised and be made readily available to the Metropolitan Police or authorised Officer of the Council.

 

34.           A copy of the External Seating Management Policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

Informative:

 

The Committee heard evidence from the Applicant that there is space inside the Premises to store their rubbish. The terms of the Premises Licence are paramount and should not be breached butwhenever possible, rubbish should be stored inside the Premises.

 

Failure to properly manage rubbish at the Premises can result in those residents being affected, complaining, or seeking a Review of the Premises Licence under the Act.

 

This is the Full Decision reached by the Licensing Sub-Committee

This Decision takes immediate effect.

 

Licensing Sub-Committee (29 June 2023)