Agenda item
Jeru, 11 Berkeley Street, W1J 8DS
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 7 September 2023
Membership: Councillor Aziz Toki (Chair) Councillor Iman Less and Councillor Louise Hyams
Officer Support: Legal Adviser: Michael Feeney
Policy Officer: Kerry Simpkin
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Other Parties: Craig Baylis (Solicitor, Keystone Law, on behalf of the Applicant), Karyn Abbott (Licensing Authority), James Hayes (City Inspector) as a witness for the Licensing Authority, Anil Drayan (Environmental Health Service), Richard Brown (Solicitor, Licensing Advice Project, representing Mike Dunn and 17 Berkeley Street Resident’s Association) and Dr Irena Timofeeva.
Application for a New Premises Licence in respect of Jeru 11 Berkeley Street London W1J 8DS 23/03922/LIPN
Full Decision
Premises:
Jeru
11 Berkeley Street
London
W1J 8DS
Applicant
11 Berkeley Street Ltd
Ward
West End
Cumulative Impact
N/A
Special Consideration Zone
Mayfair
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence in respect of the above premises under the Licensing Act 2003 (“The Act”). The Premises currently operates under licence number 23/02945/LIPDPS on the basement and ground floor levels only. A copy of the current premises licence can be viewed at Appendix 4 of the agenda report along with the Premises history at Appendix 5.
The Applicant has provided a supporting statement and training certificates for staff and management. These can be found at Appendix 3 of the agenda report.
The Premises is situated within the West End Ward and the Mayfair Special Consideration Zone but not located in the West End Cumulative Impact Zone. There is no policy presumption to refuse the application.
The intended use of the Premises is a restaurant with an ancillary bar in the basement, ground and first floors plus a bakery/patisserie on the ground floor. The application seeks to add Live Music on Fridays and Saturdays until 01:00 and would extend the licensable activities to the first floor of the building as an extension to the restaurant area.
There is a resident count of 36.
The application seeks the following:
Hours Premises Are Open to the Public
Monday-Thursday: 07:00 to 23:30
Friday-Saturday: 07:00 to 01:00
Sunday: 07:00 to 22:30
Sundays before bank holidays 07:00 to midnight.
Live Music Indoors
Monday-Thursday: N/A
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Recorded Music Indoors
Monday-Thursday: 23:00 to 23:30
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Sundays before bank holidays 22:30 to midnight.
Late Night Refreshment Indoors
Monday-Thursday: 23:00 to 23:30
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Sundays before bank holidays 23:00 to midnight.
Sale by Retail of Alcohol On and Off Sales
Monday-Thursday: 10:00 to 23:30
Friday-Saturday: 10:00 to 01:00
Sunday: Noon to 22:30
Sundays before bank holidays noon to midnight.
Representations Received
- The Licensing Authority (Karyn Abbott)
- The Environmental Health Service (Anil Drayan) (EHS)
- The Metropolitan Police Service (Adam Deweltz) (MPS)- Withdrawn
- 17 Berkeley Street Residents Association
- Mike Dunn Flat 32 129 Park Street London W1K 7JB
- Ahmad Reza Salar-Boroumand 10 Berkeley Street London W1J 8DP
- Irena Timofeeva 10 Berkeley Street London W1J 8DP
Issues raised by Objectors
· The Premises is located within the Mayfair Special Consideration Zone and as such various policy points must be considered, namely HRS1, RNT1 and PB1.
· The Licensing Authority has serious concerns with the Application and the proposed addition of Live Music due to a recent promotional event that was held at the Premises on 4 May 2023. The event took place with no temporary event notice meaning the Premises breached the terms and conditions of its current premises licence. Westminster City’s Inspector Martin Tuohy visited the Premises and witnessed Live Music at 0040hrs. A witness statement from Martin Tuohy can be found at Appendix 1 of the agenda report.
· The operating hours applied for on Fridays and Saturdays for licensable activities currently fall outside of Westminster’s core hours, and the Licensing Authority encourages the Applicant to reduce the hours to be within Westminster’s core hours under Policy HRS1.
· The Licensing Authority has concerns with the number of people (25) that have been suggested within the hatched areas of proposed condition 10 and asks the Applicant to provide further submissions on the proposed operation of the hatched bar area.
· The Licensing Authority proposes model condition 62 regarding the surrendering of the current premises licence.
· The provision of Live Music and for the hours requested may have the effecting of increasing public nuisance in the area and adversely impact on public safety.
· The provision of Recorded Music and for the hours requested may have the effect of increasing public nuisance in the area and adversely impact on public safety.
· The supply of alcohol ‘on’ and ‘off’ the premises and for the hours requested may have the effect of increasing public nuisance in the area.
· The provision of late-night refreshment may lead to an increase in public nuisance in the area.
· The conditions offered largely mirror those on the current premises licence. An indication of the proposed increase in capacity is requested, and a site visit for EHS is also requested.
· The hours requested for licensable activity (Friday and Saturday) are beyond Westminster’s core hours policy and are likely to undermine the licensing objective of the prevention of crime and disorder. The Premises was recently visited by Westminster City Inspectors and the MPS support the Licensing Authority’s objection to the Application. Following agreed conditions that no licensable activities shall take place until the current premises licence has been surrendered and is incapable of resurrection, the MPS withdrew this representation.
· Residents have been plagued by a huge increase in noise, nuisance, anti-social behaviour and other problems, caused by the number of late night licensed premises within a small area. Berkeley Street and its environs have been designated as a Special Consideration Zone. The extension of hours would act as an unfortunate precedent.
· It is not clear how the Application complies with the Special Consideration Zone policy, as there is no indication that the Applicant has considered the points listed in the policy.
· The Premises are in a Special Consideration Zone and any extension of area or time is likely to lead to an increase in nuisance unless grounds are shown to the contrary. We do not believe that such grounds have been demonstrated.
· Berkeley Street is saturated with restaurants, clubs, hotels and bars and there is no more room for an additional facility of this kind. Residents of 10 Berkeley Street do not get a good night sleep due to excessive noise from the customers of these facilities from shouting, their high-performance cars and cycle rickshaws not to mention intimating (sic) drivers parking on the resident parking bays and undesirable people on the street.
· Approving this Application would make it unbearable for neighbours to maintain their peaceful existence. Jeru’s direct connection to the residential building at 10 Berkeley Street means that the noise level from the Premises constantly disturbs the residents and extending the licence would only exacerbate the existing challenges. Jeru’s previous late-night events have rendered it impossible to sleep. Jeru has violated construction timelines; their noise isolation measures fall short and Jeru’s occupation of the pedestrian area on Berkeley Street contributes to further pollution. Granting an extension to the licence would encourage Jeru’s behaviour and damage the community of Berkeley Street.
Policy Considerations
Policies SCZ1, HRS1 and RNT1 apply under the City Council’s Statement of Licensing Policy (‘SLP’).
Policy SCZ1
A. In addition to meeting the other policies within this statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone in question as identified within the 2020 Cumulative Impact Assessment and should set out any proposed mitigation measures in relation to those issues within their operating schedule.
Policy 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:
Pubs and bars, Fast Food and Music and Dance venues
Monday to Thursday: 10am to 11.30pm.
Friday and Saturday: 10am to Midnight.
Sunday: Midday to 10.30pm.
Sundays immediately prior to a bank holiday: Midday to midnight
Restaurants
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
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.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy 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 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 taken account of 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.
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 in 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 by the Parties
Mr Kevin Jackaman, Senior Licensing Officer, introduced the application to the Sub-Committee. He advised that the Premises intends to operate on the basement, ground and first floor for restaurant use with ancillary bars and bakery/patisserie. He set out that representations had been received from the Environmental Health Service, Licensing Authority, 17 Berkeley Street Residents Association and three local residents. He confirmed that the Metropolitan Police Force had withdrawn their representation after conditions had been agreed with the Applicant. He advised that the Premises was within the West End Ward and in the Mayfair Special Consideration Zone but it was not within a Cumulative Impact Zone (CIZ).
Mr Craig Baylis, (Solicitor, Keystone Law, on behalf of the Applicant) outlined the application to the Sub Committee. He explained that the Applicant already traded on the basement and ground floors of the Premises and now had planning permission for an extension on the first floor. He advised that all works had been completed on the first floor and the Environmental Health Service had visited the Premises and signed off the works. He outlined that the Applicant already had permission to play recorded music on the lower ground floor but was now seeking permission for Live Music for a solo performer for approximately two days per week. He confirmed that the Applicant did not wish to extend their hours of operation. He explained that the Premises had been trading for two years without difficulties apart from on the 4 May which he emphasised would never happen again.
Mr Baylis outlined that the Applicant could operate the first floor using the existing Premises Licence as it allowed ‘off sales.’ He advised that the Applicant could simply just take alcohol from the basement and ground floors and serve it on the first floor to customers, however, he considered that it would be more appropriate to get the floor properly regulated and included on a Premises Licence.
Mr Baylis referred to the incident on the 4 May when an event was held at the Premises without a Temporary Event Notice (TENs). He outlined how the management and DPS at the time had simply forgotten to apply for a TEN and that the manager had taken it upon himself to hold the event anyway without the knowledge of the owners of the property. He advised that there had been no noise complaints from residents, rather the City Inspectors had stumbled upon the event. He set out that the new management had complied fully with the Council’s investigation process and confirmed that the Council had taken the view that it was not in the public interest to prosecute the Premises. It had been an isolated incident and immediate action had been taken by the owners of the property. He emphasised that the owners of the property had immediately dismissed the DPS and management, all staff had been retrained regarding their licensing responsibilities and that a TEN had been granted since 4 May.
In response to questions from the Sub Committee, Mr Baylis confirmed that the capacity was 90 patrons on the ground floor and 90 patrons on the basement (total 180 patrons) and that the current capacity condition attached to the Premises Licence was incorrect in that it said 175 patrons. The capacity on the first floor would be 150 persons. He outlined that the Premises did not currently operate at full capacity and that the first floor would primarily be used as an overflow area for the other two floors (however it was not anticipated that this would occur regularly) and for private functions operated by a third party independent company. He emphasised that there had been no noise complaints in the past two years, that most patrons arrived/left the premises via Ubers or taxis and that the security staff closely monitored the dispersal of patrons. He added that the Premises had a dispersal policy on site which the Applicant would forward to the Environmental Health Service.
Mr Baylis advised that the Applicant was happy to employ additional SIA staff for private functions held on the first floor. He outlined that that there were holding bars on the basement and ground floors where patrons could have a drink before and after their meal but there was no holding bar on the first floor because it was primarily a function space. He advised that patrons could smoke on a small private external terrace and the Applicant was content to add a condition that stated that no more than 10 smokers could use the terrace at any one time. He confirmed that the Applicant was happy with condition 66 and condition 62 being attached to the Premises Licence. He advised that the Applicant wished to play Live Music on the lower ground floor only and that the Environmental Health Service had decided that it was not necessary to have a condition for a noise limiter attached to the Premise Licence because the Live Music would be placed at a very low level and the Premises was fully sound proofed. He added that the Live Music would be kept at exactly the same level as the recorded music currently played at the Premises and there had never been any complaints regarding noise escape. He outlined that the first floor would probably be used around six times a month for private functions and that only a portion of the first floor was set up to accommodate an overflow from the other two floors. He advised how the whole Premises was sound proofed and that all windows had been double glazed so there was no possibility of noise breakout.
In response to questions from the Sub Committee about dispersal, Mr Bayliss referred to the dispersal policy and the fact that there are not multiple entrances or exits so access and egress is easy to control. He confirmed that the Applicant would be happy to keep people ordering cars and Ubers inside the premises.
Mr Bayliss emphasised that if the Premises Licence was not granted the Applicant could operate the space as a unlicenced facility by using the off sales facility on the current existing Premises Licence with staff simply taking alcohol up to the first floor. He emphasised, however, that the Applicant would prefer the first floor to be properly regulated and be included on a Premises Licence.
Ms Karyn Abbott (Licensing Authority)advised that the Licensing Authority have concerns in relation to how the Premises would promote the four Licensing Objectives. She advised that the Premises was located within the Mayfair Special Consideration Zone and as such various policy points must be considered, namely HRS1, RNT1 and PB1. She also advised that the operating hours applied for on Fridays and Saturdays for licensable activities fell outside of the Council’s core hours.
She explained that the Premises currently benefited from a Premises Licence without the use of Live Music and how the Licensing Authority had serious concerns regarding the proposal to add Live Music due to a recent promotional event that was held at the premises on the 4 May 2023. The event took place with no Temporary Event Notice (TENs) meaning the terms and conditions of its current Premises Licence were breached by allowing this event to take place. She confirmed that the Live Music did not fall under the deregulation (deregulated is between the hours of 0800 and 2300 hours for a licensed Premises) as a visit was made to the Premises at 0040hrs where Live Music was witnessed by the City Inspectors.
Ms Abbott called Westminster’s City Inspector James Hayes as a witness in relation to the event on 4May 2023. Mr Hayes advised that although there had not been any complaints made regarding the event there could very well have been if the City Inspectors had not come across it during their general patrols of the area. He referred to the City Inspectors submission attached at Appendix 1 of the agenda report and emphasised that the incident had been serious enough for officers to conduct a full investigation under Section 136 of the Licensing Act because it had undermined the licensing objectives of public nuisance and public safety requirements. He advised that the Inspectors were now at a point that they were probably not going to prosecute (although the decision could be revisited at any point for another year) however it was important the Sub Committee were made aware of the incident.
Mr Baylis advised that from a PR and commercial perspective the unauthorised event had been a disaster and such an event would not occur again at the Premises. He explained that the Premises operated as a high end restaurant and that the Council’s model restaurant condition MC66 was attached to the Premises Licence so a Temporary Event Notice (TEN) application would need to be made for all events that alcohol was not going to be ancillary to a table meal. He added that all TENs were rigorously assessed by the Environmental Health Service and Metropolitan Police Force.
Mr Anil Drayan (Environmental Health Service, EHS) explained that the EHS was in attendance to assist the Sub Committee. He confirmed that he had visited the Premises, all works had now been signed off by the EHS and the works condition could now be removed and be replaced with a capacity condition. He further confirmed that the EHS had not received any noise complaints.
He advised that a lounge singer would not create any more noise than the recorded music that the Applicant already played on the lower ground floor. He confirmed that there was no room say for a band to play in the space and therefore the EHS had not felt that it was necessary to enforce the sound limiter condition attached to the Premises Licence. He outlined that residents could contact the EHS if there was noise escape/noise nuisance and how the EHS would tackle such a noise breakout. He considered that it was reasonable to limit the number of smokers to 10 persons on the private terrace.
Dr Irena Timofeeva, local resident, shared her personal experience of living on the lower ground floor of her building which was directing connected to Jeru. She outlined how the noise level from the Premises constantly disturbed the residents and that extending the Premises Licence would only exacerbate the existing challenges.
She outlined how Jeru had violated construction timelines and how their noise isolation measures fell short, allowing loud music and late night events which disturbed the neighbourhood. She further outlined how difficult it was to continually complain to the Council because once a complaint was made she had to stay up to wait for officers to arrive and she needed to be up in the morning for work. She advised that her window actually faced the lower ground floor and she could hear and feel the beats of the music so she always needed to use earplugs. She mentioned how narrow the street was at the entrance to the Premises and wondered how an additional 100 patrons could easily enter and leave without causing disturbance on the highway. She advised that she was very proud to be part of the community however being part of the community necessitates fostering mutual respect and Jeru, in her opinion, represented the opposite and prioritised their own interests damaging the tightly-knit community of Berkeley Street.
In response to questions from the Sub Committee, Mr Drayan confirmed that if EHS receives a call and cannot respond, the call is still recorded. Mr Drayan said that EHS had records of building works causing issues (which were responded to) but he did not have any records of calls being made about music noise.
Mr Richard Brown (Solicitor, Licensing Advice Project, representing Mike Dunn and 17 Berkeley Street Resident’s Association) advised that there had been three or four applications submitted and then withdrawn to permit various variations to the Premises Licence. He advised that this application virtually doubled the capacity and these incremental increases were very concerning because the Premises was located within a Special Consideration Zone.
He agreed that the Applicant could use the off sales element of the current Premises Licence to provide alcohol to the first floor however there were limitations to this approach: for example, off-sales ended at 11pm. This was not a case of ‘if you do not grant the licence we will do it anyway’. He concluded by saying that the combination of the increase in capacity and the terminal hour was very concerning for local residents.
Mr Feeney, Legal Advisor to the Committee, discussed the wording of the agreed proposed conditions (if the application were granted), with all parties.
During summing up, Mr Craig Baylis emphasised that there had never been any noise complaints and that the Applicant could operate the first floor without this new Premises Licence but would prefer the area to be regulated for licensable activities in order to promote the licensing objectives. Mr Baylis also emphasised that the intended use was as a restaurant and not as anything else. He also encouraged any residents with complaints to speak to his client so that any issues could be addressed.
Reasons and Conclusion
The Sub-Committee has determined an application for a grant of a New Premises Licence under the Act . The Sub-Committee realises that it has a duty to consider each application on its individual merits when determining this application. The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies SCZ1, HRS1 and RNT1.
The Sub-Committee considers that the Applicant has demonstrated that the measures it proposes (as secured by conditions) would promote the four licensing objectives within the Special Consideration Zone. There is no history of noise complaints regarding the Premises, and EHS has approved the works at the Premises. Limiting the performance of live music to the lower ground floor will also help prevent noise breakout.
The Sub-Committee notes the serious concerns expressed by the Licensing Authority regarding the unauthorised event on 4 May 2023. There is no excuse for holding such an event without applying for a TEN. However, the Sub-Committee believes that the Applicant fully accepts the seriousness of the breach and has cooperated fully with the Council’s investigation. Although the decision may later be reversed, the Sub-Committee also notes that the Council at the moment has decided not to prosecute under section 136 of the Act because it would not be in the public interest to do so. There is no evidence that the Premises has acted in breach of its current licence apart from this one isolated incident.
The Sub-Committee notes that the proposed hours are outside of core hours but considers that this is counterbalanced by the fact that the Premises already operates beyond core hours without undermining the licensing objectives.
Due to the evidence presented by local residents and by 17 Berkeley Street Residents’ association, the Committee’s main concerns relate to the dispersal of potentially an extra 150 people at 01:00 increasing public nuisance within the Special Consideration Zone. In order to address these concerns, the Sub-Committee considered it appropriate for the promotion of the licensing objectives to impose a condition limiting the capacity of the premises on Fridays and Saturdays from midnight until 01:00 and to impose a condition increasing the number of SIA licensed door supervisors whenever the first floor is in use. The capacity condition will help stagger dispersal, and the extra SIA licensed door supervisor will also be able to assist with dispersal of a larger number of patrons.
Finally, the Sub-Committee encourages residents to report instances of nuisance directly to the Council’s noise team so that complaints are properly recorded. The Sub-Committee also hopes that the Premises Licence Holder works productively with residents to ensure a fruitful dialogue is maintained and notes the commitment given by the Applicant during the hearing in this respect.
The Sub-Committee, in its determination of the matter, concluded that the hours and the conditions it had imposed on the licence were appropriate and would promote the licensing objectives. Having carefully considered all the committee papers, submissions made by the Applicant and the oral evidence given by all parties during the hearing in its determination of the matter the Committee therefore decided, after taking into account all the individual circumstances of this application and the promotion of the four licensing objectives:-
1. To grant permission for:
Live Music Indoors
Monday-Thursday: N/A
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Live music permitted only on the lower ground floor- see condition 50.
Recorded Music Indoors
Monday-Thursday: 23:00 to 23:30
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Sundays before bank holidays: 22:30 to midnight
Late Night Refreshment Indoors
Monday-Thursday: 23:00 to 23:30
Friday-Saturday: 23:00 to 01:00
Sunday: N/A
Sundays before bank holidays: 23:00 to midnight.
Sale by Retail of Alcohol On and Off Sales
Monday-Thursday: 10:00 to 23:30
Friday-Saturday: 10:00 to 01:00
Sunday: Noon to 22:30
Sundays before bank holidays: Noon to midnight.
Off sales conditioned to cease at 23:00- see condition 16.
Hours Premises Are Open to the Public
Monday-Thursday: 07:00 to 23:30
Friday-Saturday: 07:00 to 01:00
Sunday: 07:00 to 22:30
Sundays before bank holidays: 07:00 to midnight.
2. That the Licence is subject to any relevant mandatory conditions.
3. That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives:
10. Except for the ground floor holding bar hatched area (the bakery/patisserie) the premises shall 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 takeaway service of food or drink for immediate consumption
v) Which do not provide any takeaway service of food or drink after 23:00
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 a substantial table meal 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.
11. Notwithstanding the above condition, alcohol may be sold to and consumed by up to a maximum of 25 persons in the holding bar areas hatched red on the plan, prior to and after their meal until 23:30 hours when the areas will become a holding area.
12. The supply of alcohol for consumption on the premises within the holding areas shall only be to persons seated.
13. 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.
14. There shall be no sales of hot food or hot drink for consumption ‘Off’ the premises after 23:00 hours.
15. All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only and shall not be consumed on the premises.
16. There shall be no supply of alcohol for consumption ‘Off’ the premises after 23:00 hours.
17. 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 are 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. 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.
18. 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 are 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.
19. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, military ID card, passport or proof of age card with the PASS hologram.
20. The smoking area for patrons shall be restricted to the private terrace shown on the plan. The capacity of the smoking area is limited to 10 persons.
21. Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to the designated smoking area as defined on the plan.
22. Patrons permitted to temporarily leave and then re-enter the premises at ground floor level shall not be permitted to take drinks or glass containers with them.
23. There shall be no smoking on the street immediately outside the premises.
24. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance.
25. There shall be no admittance or re-admittance to the premises after 23:30 hours.
26. A direct telephone number for the manger at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
27. After 21:00 hours each day there shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.
28. 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 will record the following: (a) all crime reported to the venue (b) all ejections of patrons (c) any complaints received regarding crime and disorder (d) any incidents of disorder (e) any faults in the CCTV system (f) any refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service
29. 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.
30. External doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
31. Loudspeakers shall not be located in the entrance lobby or outside the premises building, including any external terraces.
32. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
33. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
34. The approved arrangement 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.
35. 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.
36. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
37. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
38. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
39. 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.
40. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
41. 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.
42. No collection of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 08:00 hours on the following day.
43. With the exception of fresh produce, deliveries to the premises shall only take place between the hours of 07:30 hours and 12:00 hours (midday) Monday to Saturday and between 09:00 hours and 12:00 hours Sundays and Bank Holidays.
44. The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.
45. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
46. The Premises Licence Holder shall facilitate a Dispersal Policy which shall include the following provisions: (a) staff and door supervisors to control a slow stream of customers and guests leaving the premises. (b) staff and door supervisors to encourage guests to leave the area quickly and quietly. (c) staff to provide guests with details on transport options and directions for onward travel. (d) notices will be prominently displayed at exits requesting guests to respect the needs of local residents and to leave the area quietly, in a considerate manner, directing them towards Piccadilly. (e) staff and security will remain on duty at the premises until 30 minutes after closing time to assist with the safe dispersal of guests. (f) guests will be encouraged to remain inside the premises if waiting for taxis, Ubers or chauffeur cars.
47. A copy of the Premises Dispersal Policy shall be made readily available at the premises for inspection by a Police Officer and/or an authorised officer of the Council.
48. No licensable activities shall take place at the premises until premises 23/02945/LIPDPS (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
49. After 21:00 hours at least 1 SIA licensed door supervisor shall be on duty at the entrance of the premises at all times whilst it is open for business. At any time that the first floor is in use from 21:00 hours onwards, there shall be at least 1 additional SIA licensed door supervisor on duty at the premises.
50. Live music shall only be performed on the lower ground floor.
51. The number of persons permitted in the premises (excluding staff) on Monday-Thursday, Friday-Saturday until midnight and Sunday shall not exceed:
Ground Floor: 90 persons
Basement: 90 persons
First Floor: 150 persons
52. The number of persons permitted in the premises (excluding staff) on Friday-Saturday from midnight until 1am shall not exceed 180 persons.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
7 September 2023
Supporting documents:
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11 Berkeley Street report_Redacted, item 1.
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