Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Lancaster Gate   * None   ** None	Little Chinese Princess 3 Craven Terrace W2 3QD	New Premises Licence	23/03158/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 6

(“The Committee”)

 

Thursday 10 August 2023

 

Membership:           Councillor Maggie Carman (Chair) Councillor Judith Southern and Councillor Melvyn Caplan

 

Other Parties:          Legal Advisor: Horatio Chance

                                Policy Advisor: Daisy Gadd

                                Committee Officer: Georgina Wills

                                Mr Rash Singh Mahal of Ardens Law, representing the Applicant Mrs Huazhen Lei, (also present) and Mr David Malamatenios

                                Environmental Health Service: Mr Anil Drayan

                                Local Resident: Mrs Helen Adams

 

Application for a New Premises Licence Chinese Little Princess 3 Craven Terrace London W2 3QD 23/03158/LIPN

 

 

FULL DECISION

 

 

Case Summary

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises proposes to operate as a Chinese restaurant. The Applicant has proposed conditions in their operating schedule. The Metropolitan Police proposed to amend a condition and this has been agreed by the Applicant. This can be found at Appendix 5 of the agenda report.

 

The Premises are located within the Lancaster Gate Ward. Neither the West End Cumulative Impact Zone nor Special Consideration Zone applies. There is no policy presumption to refuse the application provided the Applicant can demonstrate that granting the application would not lead to negative cumulative impact.

 

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 Metropolitan Police Service, Environmental Health Service, SEBRA and a local resident.  

 

There is a resident count of 308.

 

 

 

Premises

 

Little Chinese Princess

3 Craven Street

London

W2 3QD

 

Applicant

 

Mrs Huazhen Lei

 

Cumulative Impact Area

 

N/A

Activities and Hours

 

Sale by Retail of Alcohol (On the Premises)

 

Monday to Sunday: 11:30 to 22:45

 

Seasonal Variations: None

 

Opening Hours to the Public

 

Monday to Sunday: 11:30 to 22:45

 

Seasonal Variations: None

 

Representations Received

• The Metropolitan Police Service (PC Tom Stewart) (MPS) (Withdrawn 7 June 2023)
• Environmental Health Service (Anil Drayan) (EHS)
• Mr George Adams Flat 4, 3 Craven Terrace London W2 3QD
• John Zamit (SEBRA)

 

Summary of Representations

 

·       The Police believe that if granted, the premises would undermine the licensing objective ‘The Prevention of Crime and Disorder’. The Police do not object in principle to the permitted hours for the sale of alcohol, however the conditions offered within your operating schedule are insufficient to demonstrate how you would promote the licensing objectives. Below, I propose several conditions. If you are minded agreeing to them, the police would withdraw its representation. Proposed amended conditions: Replace: Alcohol only to be served to customers to consume on premises and only to customers who have purchased a meal. With: MC38 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.

Replace: A Personal Licence holder will supervise the premises at all times when alcohol is being sold with: MC03 There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

           MC49 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

MC01 (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.

MC02 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.

MC47 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.

·       The Supply of Alcohol and for the hours requested may impact on Public Safety and lead to an increase in Public Nuisance in the area.

·       Some undertakings have been offered and these will need to be converted to enforceable conditions are being considered as to if they are sufficient for the proposed use.

·       The provision of sanitary accommodation is recommended to be at least in line with BS6465 for any proposed capacity.

           An assessment will need to be made as to how the plant and machinery employed for the cooking of food will not result in odour or noise nuisance.

·       Clarification is also sought as to the previous use of the premises to determine if this proposed use will result in nuisance from the internal transfer of noise to other users within the building block. Standards to be achieved are outlined in Appendix 11 of the Statement of Licensing Policy.

·       We already have noise & odours from an unapproved opening skylight at the rear of the building due to there being no proper ventilation in line with Westminster Council policy. There should be no primary cooking at all without ventilation. It is also not clear from the layout as to what cooking facilities there are and whether they are on the ground or basement levels.

·       We are concerned the owners will use the forecourt area for tables when there is a flat at the first-floor level & noise transmission already takes place between the ground floor and first floor.

·       We would like conditions applied as to refuse not being left in front of the premises and windows/doors being closed at a sensible time eg 9pm for noise reasons.

·       The original application was for a Chinese cafe with cafe like opening hours but that planning application was disingenuous as it was clearly intended for a restaurant and now we have a request for an alcohol licence.

·       I am writing on behalf of the South East Bayswater Residents' Association (SEBRA) to make a relevant representation objecting to this licence application on the basis of the likely impact on the licensing objective of ‘prevention of public nuisance’.

·       SEBRA was formed in 1970 and works to protect the special character of our area. A non-profit, non party-political, voluntary organisation, we represent more than 1,000 people. SEBRA is consulted by Westminster Council on both major developments and all Council activities which

affect the daily lives of residents. As a recognised amenity society we often engage in consultations with licence applicants both before and during the application process and note with some disappointment that we have not been contacted by the applicant in this case.

·       The premises are situated in a predominantly residential area with hotels and parade of shops along Craven Terrace and a school adjacent.

·       The adjacent Craven Road has also a small parade of shops & restaurant/cafes.

·       The application is described as a ground floor Chinese restaurant in a mixed use building, with a basement occasionally used by private customers.

·       The application is for hours within Westminster Council Core Hours for the ground and lower ground, except for Sundays.

·       There is a small external forecourt area in front of the red line for licensable activities so presume not to be used for tables and chairs outside. We note that the licensable activities are for use of premises as Chinese restaurant.

·       SEBRA is concerned on potential noise, disturbance and odours from the premises, particularly from noise and odours to the flats immediately above the premises. We are particularly concerned about cooking odours from the restaurant, effecting the residents above, as we understand that no means of ventilation are in place.

·       We note some conditions have been set out in the application, including CCTV and "alcohol only to serve to customers who have purchased a meal to eat on the premises", but these are on our view insufficient to promote the licensing objectives in this location.

·       We also require appropriate conditions relating to hours of deliveries to premises and collection of refuse and recycling. Other appropriate conditions are also required in respect of doors & windows closing at 21.00, notices displayed asking customers to leave quietly etc. We may propose other conditions once we are aware of any residential objections and/or any conditions proposed by Environmental Health or the Police.

·       We are aware of course that applications can be amended, and as ever, SEBRA is always very happy and indeed ask for our contact details, including mobile number, to be passed to the applicant/their solicitors, and to discuss the operation and application with them.

·       We reserve the right to make further comments /proposals /conditions in due course when we have more information about the application/operation.

 

Policy Considerations

 

Policies HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (“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.

C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:

10a. Shops (all licensable activities that are provided as ancillary to the primary use of the premises as a shop except the off sale of alcohol)

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.

10b. Shops (off-sales of alcohol where it forms either the ancillary or primary use of the premises)

Monday to Saturday: 8am to 11pm. Sunday: 9am to 10.30pm.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.

 

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.

 

 

DECISION AND REASONS

 

The Presenting Officer Ms Jessica Donovan outlined the application to the Sub-Committee. Ms Donovan advised that this wasan application for a New Premises in respect of Chinese Little Princess 3 Craven Terrace London W2 3QD. The application has been brought by Mrs Huazhen Lei (represented today by Mr Rash Singh Mahal of Ardens Solicitors). The Applicant has applied for the sale by retail of alcohol Monday to Sunday 11:30 to 22:45. Full details can be found at pages 2 of the agenda report. Representations were received from the MPS, EHS, SEBRA and a local resident. The Premises are located within the Lancaster Gate Ward and does not fall within the West End CIZ nor Special Consideration Zone applies.

 

Mr Mahal appearing on behalf of the Applicant addressed the Sub-Committee. Mr Mahal said that all of theconditions circulated by the EHS and MPS are all agreed. He said that in relation to the timings last orders will finish at 22:30 hours.

 

He said that in terms of noise issues discussions have been had with Mr Drayan from the EHS and an acoustic report is to be provided. In relation to the kitchen, he advised that the Applicant is working on a re-circulation system to reduce odour smells.

 

Mr Mahal confirmed the following:-

 

·       The licensing objectives will be promoted and complied with together with notices inside and outside the Premises.

·       The Managers telephone number is to be provided.

·       There will always be someone with a personal licence on the Premises.

·       There have been no objections from the residents occupying the first and second floors of the building. 

·       Complaints of racism have been reported to the Police on three occasions.

 

In response to questions from the Sub-Committee Mr Mahal advised that Model Condition 81 had been agreed. 

 

At this point the Sub-Committee queried the three offences made in June in respect of two incidents of waste dumping and the other involving the sale of alcohol without a licence in place as referred to in the Memorandum by Mr Tom Birch City Licensing Inspector at Appendix 3 of the agenda report at pages 13 and 14.

 

In response Mr Mahal advised that the Applicant had a private contractor in relation to the removal of waste but was now using Westminster’s waste collection service so there will not be any issues going forward in the future. Mr Mahal said that in relation to the alcohol sale this was a genuine mistake. He stated that the person who served the alcohol was a part time member of staff who had a grudge with the chef and they sold personal cans. The chef is not allowed to have his own alcohol on the Premises.

 

The Sub-Committee expressed concern regarding this statement and said that if a City Inspector were to attend the premises would this practice be witnessed?

Mr Mahal stated in reply that this will not happen again.

 

In answer to further questioning from the Sub-Committee Mr Mahal confirmed the following matters:-

 

·       A Designated Premises Supervisor will be appointed.

·       This is the first restaurant the Applicant has run so is a learning curve for them.

·       That Model Condition 81 is perfectly understood in that until such time the condition is signed off the Applicant is unable to sell alcohol.

·       We do not attend to have tables and chairs in the outside space although we may have a table out there for people to wait due to the space being limited in any event.

·       The kitchen is very small. Most of the foods used only generate steam during the cooking process and we use an air fryer. The only frying is for spring rolls so odours will be kept to a minimum.

 

Mr Drayan appearing on behalf of the EHS addressed the Sub-Committee. He advised that the application was relatively straight forward. The Applicant has agreed conditions with the EHS and the MPS.

 

Mr Drayan said that he would not usually have any further issues with such an application, however it was made clear to the Applicant that there are several problems that they will not find easy to navigate through the conditions.

 

Mr Drayan highlighted the following matters to the Sub-Committee:-

 

·       The Premises is a listed building. There is a skylight which has been installed in the kitchen so there’s planning enforcement action being undertaken. I recommended that the Applicant looks into the possibility of installing an internal re-circulation system.

·       I further advised that this building has internal restrictions and there’s possible enforcement action for this also.

·       The works condition should include whether the Applicant has put in satisfactory odour nuisance.

·       The Applicant can still operate the kitchen without a Premises Licence and so odours can still cause a statuary nuisance pursuant to the provisions of the Environmental Protection Act 1990.

·       The EHS would not have an issue with the licence being granted as it cannot come into effect until such time as the works condition is signed off namely Model Condition 81.

·       I understand the requirement for an acoustic report is to be submitted. The Premises was previously a retail shop so was not the same sort of noise associated with a restaurant.

·       The Premises external area is a private forecourt so might not necessarily need a tables and chair licence.

·       In terms of odours the proposed system will restricts the type of cooking permitted due to the electric use. The system will take away all odours.

·       Those working in the kitchen would obviously be affected and customers.

·       The Applicant would be required to clean and maintain the system to ensure its working optimally.

·       The EHS is only aware of one complaint from the upstairs resident, Mr Adam.

·       My colleagues have tried to visit so have not confirmed it is a statutory nuisance. There is currently planning and licensing enforcement.

 

Mr Richard Brown appearing on behalf of SEBRA addressed the Sub-Committee. Mr Brown said that he agreed with Mr Drayan’s points. He said that there had been one resident representation but there were two flats above and both had been in contact with Mr Drayan about the various issues arising.

 

Mr Brown referred to the findings of the City Inspector by Mr Birch when he inspected the Premises on the 8June where he had ‘made observations of customers inside the premises and was of the belief that alcohol was being provided and sold without authorisation. He then went in and was able to buy alcohol’. Mr Brown said that this has been described as a one-off incident. However, he said the question that needs to be asked is whether the Sub-Committee has confidence in the operator?

 

Mr Brown advised the Sub-Committee of the following matters:-

 

·       In relation to the proposed Model conditions can it be with certain that they will be complied with going forward notwithstanding the current breaches?

·       The proposed works condition is a useful way to safeguard but the EHS need to remain in contact with the resident going forward to ensure that their views are met as they are affected by it.

·       Regarding the discharge of MC81 I think it would be helpful to have Mr Drayan’s wording added to the condition

·       The skylight is at the heart of odour issues because this is real problem affecting the lives of residents.

·       There is a potential for outdoor tables and chairs to cause a nuisance in the evening.

·       Regarding last orders of 22:30 for the sale of the sale of alcohol and closing to 22:45 we would like core hours on Sunday.

·       Westminster waste collection service is welcomed.

·       Timings for commercial waste and recycling finish at 20.30 so we feel it makes sense to bring them back from 23.00 to 20.30 (MC35)

 

Mr John Zamit Chair of SEBRA addressed the Sub-Committee. Mr Zamit said that the Premises was an attractive listed building. He said that the fundamental problem is the issue of noise and smells.

 

Mr Zamit said that he had been to the Premises, went up to the flat and looked down at the Premises. He said that the Applicant had not confirmed whether the unauthorised skylight would be kept closed and would therefore appreciate an undertaking from the Applicant in this respect. Mr Zamit said that the planning process does take time for a change of use and alterations and would fear that this process could run on for years. 

 

Mrs Helen Adams local resident appearing on behalf of her husband who was unable to attend the hearing addressed the Sub-Committee. She advised that they lived on the third and fourth floors.  There are four located above the restaurant, two are owned by restaurant owners, namely the Applicant. We objected and as I understand it Flat 1 has an imminent visit by the EHS.

 

Mrs Adams explained that flat one’s bedroom is less than a meter from the skylight. The only way for fumes to go is up and onto our terrace and into our kitchen window. She advised that it is open much of the time as it is a small kitchen and must smell.

 

Mrs Adams said that she had owned her flat for 5 years and never had a problem before. She advised that the fire alarm that covers the whole building was broken and had not been repaired for five months.

 

Mrs Adams said that she had concerns about the Applicant’s ability to comply with rules and their overall responsibility as an operator. She said that we want the skylight to be permanently closed so that we are not affected by noise and smells.

 

The Sub-Committee asked the Applicant whether they were prepared to keep the skylight closed and this was accepted and agreed by the Applicant by way of an undertaking. In relation to the fire alarm, it was stated that by the Applicant that it was not aware the same was not working and once informed arrangements were made to repair this. The Applicant confirmed that they had good relations with the first floor flat and other neighbours apart from the Adams which appeared to be strained on grounds of discrimination.

 

Ms Daisy Gadd Policy Advisor to the Sub-Committee queried the operational and opening hours if they were the same for licensable activities? Mr Mahal confirmed that this would be the same hours.

 

Mr Horatio Chance, Legal Advisor to the Sub-Committee went through the proposed wording for conditions in relation to training of staff and this was agreed by the Applicant in terms of induction and refresher training.

 

Mr Mahal in his summing up to the Sub-Committee confirmed that the following matters were agreed:-

 

·       An undertaking is given on the basis that the skylight will remain closed.

·       Outside tables and chairs will be rendered unusable at 21:30 as per Model Condition 19.

·       Model Condition 81 being the works conditions is to be amended to include EHS additional wording.

·       22:30 on a Sunday is agreed.

 

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application.

 

The Sub-Committee having carefully considered the matter and the evidence on its individual merits decided to grant the Premises Licence.

The Sub-Committee noted that the Premises is not located within the West End Cumulative Impact Zone nor Special Consideration Zone so there is no policy presumption to refuse an application for a restaurant premises selling alcohol.

 

The Sub-Committee noted that the Applicant amended the application by reducing the terminal hour for the sale of alcohol and opening to 22:30 Monday to Sunday.

 

The Sub-Committee noted that the alcohol sale as described by the City Inspector to his visit to the Premises in June should be considered merely as a one-off incident in light of the evidence given by the Applicant, however, the Sub-Committee does take selling alcohol without the proper authorisation in place as a serious matter as this gives rise to breaches of the Licensing Act 2003 and the undermining of the licensing objectives. Conditions have therefore been imposed on the licence regarding the training of staff to ensure that they are well versed in the arrangements for selling alcohol to customers.

 

The Sub-Committee concluded based on the evidence that the Applicant would promote the licensing objectives with the offered conditions as these would mitigate the concerns raised by those who had objected to the application.

 

In terms of the conditions these are all the conditions as stated at pages 15-19 of the agenda report as well as the Environmental Health conditions covered at page 3-4 of the additional papers. This also includes a works condition which means that the Applicant is unable to carry out licensable activities at the Premises until the Premises has been assessed as satisfactory by the Environmental Health Consultation Team. Model Condition 19 has been amended so that the hour is now 21:30.

 

Similarly, Model Conditions 35 and 43 the times have been amended to read 20:30. Likewise with Model Condition 81 has been amended to include the words “satisfactory mitigation to prevent odour and the internal sound insulation measures being in accordance with Appendix 11 of the Statement of Licensing Policy as amended from time to time” as requested by the EHS and agreed by the Applicant and interested parties who objected.

 

The Sub-Committee welcomed and accepted the Undertaking given by the Applicant that the skylight shall remain closed at all times as this will help the reduction in cooking smells and nuisance and promote the licensing objectives in particular the prevention of public nuisance licensing objective.

 

The Sub-Committee would recommend going forward that the Applicant obtains professional advice regarding planning matters as this will help them with the running of their business given that this is their first venture of running a restaurant business and all of the obligations that directly flow from that.

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 the Premises) Monday to Sunday 11:30 to 22:30 Seasonal variations: None   

 

2.        To grant permission for the Opening Hours of the Premises Monday to Sunday 11:30 to 22:30 Seasonal variations: None

 

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

 

4.        That the Licence is subject to the following conditions and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

5.        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.

 

6.        There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

7.        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

 

8.        (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.

 

9.        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.

 

10.      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.

 

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.      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.

 

13.      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.

 

14.      All outside tables and chairs shall be rendered unusable or removed by (21.30) hours each day.

 

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.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.

 

17.      No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

 

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

 

19.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (20.30) hours and (08.00) hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

20.      No collections of waste or recycling materials (including bottles) from the premises shall take place between (20.30) and (08.00) on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

21.      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 licensed premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

 

22.      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.

 

23.      The number of persons accommodated at the premises as a whole at any one-time (excluding staff) shall not exceed 50 persons with 20 in the basement and 30 on the ground floor.

 

24.      No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team which shall include satisfactory mitigation to prevent odour and the internal sound insulation measures being in accordance with Appendix 11 of the City Council’s Statement of Licensing Policy (as amended from time to time) at which time this condition shall be removed from the Licence by the Licensing Authority. If there are minor changes during the course of construction new plans shall be submitted with the application to remove this condition.

 

25.      At least one member of staff on duty whilst the licence is being used shall be trained in the requirements of the Licensing Act in terms of the licensing objectives, offences committed under the Act and conditions of the Premises Licence.

 

26.      The Premises Licence Holder shall ensure that induction training including refresher training at six-month intervals shall be undertaken with all relevant staff under the Licensing Act 2003. All training shall be recorded and training records shall be made readily available on request to the Responsible Authorities.

 

INFORMATIVE

 

27.      The Applicant is strongly advised to obtain independent professional advice in respect of planning matters arising under the provisions of the Town and Country Planning Act 1990 as this will help assist in their professional running of the Premises in tandem with the licensing regime.

 

If problems are experienced then a Review of the Premises Licence can be

made.

 

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

effect forthwith.

 

The Licensing Sub-Committee

10 August 2023