Agenda item
Oka Restaurant, Units 1.14 to 1.16, Kingly Court, Kingly Street, W1B 5PW
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 3rd August 2023
Membership: Councillor Angela Piddock (Chair),
Councillor Md Shamsed Chowdhury
Councillor Jim Glen
Officer Support: Legal Adviser: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Katherine Stagg
Presenting Officer: Emanuela Meloyan
Other Parties: Alun Thomas, Thomas and Thomas Partners (Solicitor for the Applicant, Oka Restaurant Carnaby Ltd)
Ohad Kastro (Director of the Applicant Company),
Olivia Russell-Jones (Landlord and owner of Kingly Court).
Kevin Jackaman – Licensing Authority
Application for a variation of a Premises Licence for Oka Restaurant, Units 1.14 - 1.16, Kingly Court, Kingly Street, London W1B 5PW - 23/03025/LIPV
Full Decision
Premises:
Oka Restaurant,
Units 1.14 - 1.16,
Kingly Court,
Kingly Street,
London
W1B 5PW
Applicant
Oka Restaurant Carnaby Limited
Ward
West End
Cumulative Impact Zone
West End
Licensable Activities and Hours:
No change
Summary of Application
This is an application for a variation of a premises licence under the Licensing Act 2003 (“The Act”). This variation application seeks to permit the following:
1. To amend, add and delete conditions, following initial pre-application advice ref 23/01260/PREAPS
2. Update the plans in line with planned refurbishment work. The change of plans includes.
a) Extension of restaurant into neighbouring unit space
b) Infill floor of existing staircase and dumbwaiter location
c) Relocation of kitchen
d) Installation of 4 WCs 3 unisex, 1DDA
e) Installation of fire protected lobby by WCs
f) Installation of bar counter with perch dining
g) Installation and relocation of fixed booths and fixed dining.
There is a resident count of 25
Representations Received
· Kudzaishe Mondhlani – Environmental Health Services (EHS) (Withdrawn on the 8th June)
· Kevin Jackaman – Licensing Authority (LA)
Issues raised by Objectors
The premises are located within the West End Cumulative Impact Area.
The Licensing Authority note that the premises trade as a restaurant and the existing licence contains the Council’s model restaurant condition. As such various policy points must be considered, namely RTN1(B) and CIP1.
It is proposed that the premises will be extended into neighbouring unit, increasing the area for licensable activities. Currently there is a condition on the premises licence which restricts the capacity at the premise to no more than 30 persons excluding staff. The updated capacity condition proposed in the variation application would increase the capacity to no more than 90 persons excluding staff.
As the premise fall with the West End cumulative impact area, it is for the applicant to demonstrate how a potential increase of 60 people will have no adverse impact within the West End Cumulative Impact Area in accordance with Policy CIP1.
Policy Considerations
Policy RTN1(B) states:
“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 late-night 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”
Policy CIP(1) states:
A. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
SUBMISSIONS AND REASONS
Ms Meloyan, the Presenting Officer, outlined the application to the Committee and introduced the parties.
Mr Thomas on behalf of the Applicant, Oka Restaurant Carnaby Ltd advised the Committee that the remaining objection to this application was on the basis of Policy as the Premises is located in a Cumulative Impact Zone (CIZ). He reminded the Members that there is not a presumption to refuse the application, but the onus is on the Applicant to show how the grant of the application will not added to the CIZ.
Mr Thomas referred the Committee to Policy D4 and confirmed the operation was not a pub or club. It is a restaurant with existing ‘restaurant conditions’ and it had traded without incident. The Premises is located on the first floor of Kingly Court and the increase in the internal area results from space at the back of the premises. There is no increase to the frontage.
There have been complaints and social media reviews that the current capacity of 30 is cramped, hence this application.
The Committee was informed that there is one outstanding policy representation from the Licensing Authority, but there is no evidence that the operation will add to the CIZ. The Committee was referred to Policy D9 and F125 and Mr Thomas stated there is no association with the restaurant operation with crime and disorder, there is no representation from the Metropolitan Police or Environmental Health and although there is an increase of 60 covers, there is also an increase in facilities for dining and sanitary provisions. Currently patrons wanting to use the toilets would have to leave the Premises and go to communal facilities in Kingly Court.
Mr Thomas continued and stated that Kingly court is a safe place to visit, as there are security guards, 24 hour security, 30 CCTV cameras externally and 3 exits from the Court.
In response to questions from the Committee, Mr Thomas explained the Premises does not have patron standing around. There are staggered dining times resulting in customers leaving at different times during the evening. Furthermore, Kingly Court closes at 00.00. Mr Thomas also stated that in his view, the percentage increase in capacity, relative to the total capacity of Kingly Court, is small and the increase will not add to the whole CIZ.
Mr Jackaman of the Licensing Authority, confirmed to the Committee that his Policy objection is maintained, and it is for the Applicant to demonstrate to the Committee that the application will not add to the CIZ. The addition of people will inevitably lead to an increase in the number of people remaining in the CIZ. Mr Jackaman agreed that the operation of the premises did place it at the lower end of the scale of premises which adversely impact the CIZ.
In response to the Members’ questions, Mr Jackaman stated The increase toilet provision is welcomed but the overall consideration is how the additional people will affect the area and this is a difficult hurdle for the Applicant.
Mr Thomas in summary stated that he is happy to exclude the back of office and toilet areas from the ambit of the licensed area. He stated that the additional 60 covers don’t add to the CIZ. He stated that a majority of customers are walk-ins and are therefore already in the area. So there is no increase in the number of people in the CIZ area. He felt the burden should be on the Local Authority to show how the application adds to the CIZ.
The demographics of the Customer base are families, business people, the elderly. In summary not those who wish to leave Oka and then go on to a bar or nightclub. There are no objections from the police, EHO or the Soho Society.
Kingly Court is a unique operation. It is well managed and have proper security in place. The area has a low association with crime and disorder. The application is to keep customers in an internationally renowned city and to help an independent operator prosper and to add more employment to the area.
Mr Thomas concluded by informing the Committee that the extended area to the rear of the premises was a retail store.
Conclusion
The Committee has determined an application for a grant of a variation of a Premises Licence under the Licensing Act 2003. This case was decided on it individual merits.
The Committee noted that the Premises Licence is already subject of a full restaurant condition. The operator is established and there are security systems in place at Kingly Court which is gated.
It was recognised that the Licensing Authority are the only objectors and there have been no representations from residents, the Soho Society or the police. The additional toilets are of benefit and on balance, the Committee felt that whilst any increase in numbers adds to cumulative Impact, in this case, the granting of an appropriately conditioned restaurant Premises Licence in this particular well controlled location is unlikely to adversely add to the CIZ.
The Committee reenforced that Westminster’s Licence Policy is clear that the onus in on the Applicant to provide evidence that their application will not add to the CIZ.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has decided, after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -
To grant permission to:
1. Update the current approved plans in line with planned refurbishment work, detailed on the proposed plans submitted in support of this application, subject to the removal of ‘back of house’/office areas and toilets from the ambit of the licensed area.
2. Apply relevant Mandatory Conditions
3. Delete Conditions 18, 23 and 24 on the current Premises Licence.
4. Conditions added and agreed by the applicant to from part of the operating schedule
9. The premises shall only operate as a restaurant:
(i) in which customers are shown to their table,
(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 using non disposable crockery,
(iv) which do not provide any take away service of food or drink for immediate consumption,
(v) which do not provide any take away service of food or drink after 23.00, and
(vi) 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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal
10. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
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 shall 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 and shall 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 preceding 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. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
14. 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.
15. 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 shall record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received
(d) any incidents of disorder
(e) any faults in the CCTV system or searching equipment or scanning
equipment
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency service.
16. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual
Entertainment Venue licence.
17. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 on the following day.
18. 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.
19. A Challenge 21 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.
20. No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.
21. 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.
22. The hours for late night refreshment and the sale of alcohol may be extended from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
23. No licensable activities shall take place 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.
24. No licensable activities shall take place 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. Such capacity shall not exceed 90 persons, excluding staff.
25. 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 and that the back of house/office areas and toilets are removed from the licensed area.
This is the Full Decision reached by the Licensing Sub-Committee
This Decision takes immediate effect.
Licensing Sub-Committee
3 August 2023
Supporting documents:
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