Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	8 Carlos Place W1K 3AW	New Premises Licence	23/05024/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

(“The Committee”)

 

Thursday 30^th November 2023

          

Membership:           Councillor Angela Piddock (Chair), Councillor MD Shamsed Chowdhury, Councillor Karen Scarborough

             .

 

Officer Support:       Legal Adviser:                    Horatio Chance

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Roxsana Haq

 

Other Parties:          Mr Alun Thomas (Thomas & Thomas), Guillaume Glipa and Brian Bendix (of the Applicant Company Paris Society International Holding Ltd), Maxwell Koduah (Environmental Health), Mr Richard Brown (Citizens Advice Westminster) representing Dr T A, local resident.

 

Application for a New Premises Licence in respect of 8 Carlos Place London

W1K 3AW 23/05024/LIPN

 

                                                     FULL DECISION

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of 8 Carlos Place London

W1K 3AW (“The Premises”). The Premises intends to operate as a restaurant with ancillary bar. The Premises are located within the West End Ward but do not fall either within the West End Cumulative Impact Zone or Special Consideration Zone. There is no presumption to refuse an application of this type provided the licensing objectives are not undermined.

 

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.

 

There is a resident count of 90.

 

Premises

 

8 Carlos Place

London

W1K 3AW

 

Applicant

 

Paris Society International Holding Limited

Cumulative Impact Area

 

N/A

 

Activities and Hours

 

Recorded Music (Indoors)

 

Monday to Thursday: 10:00 to 00:00

Friday to Saturday: 10:00 to 00:30

Sunday: 10:00 to 23:30

 

Seasonal Variations:From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day. Sunday immediately prior to a bank holiday: 10:00 to 00:30

 

Late Night Refreshment (Indoors and Outdoors)

 

Monday to Thursday: 10:00 to 00:00

Friday to Saturday: 10:00 to 00:30

Sunday: 10:00 to 23:30

 

Seasonal Variations: From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day. Sunday immediately prior to a bank holiday: 23:00 to 00:30

 

Sale by Retail of Alcohol (On and Off the Premises)

 

Monday to Thursday: 10:00 to 00:00

Friday to Saturday: 10:00 to 00:30

Sunday: 10:00 to 23:30

 

Seasonal Variations: From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day. Sunday immediately prior to a bank holiday: 10 to 00:30

 

Opening Hours Premises are Open to the Public

 

Monday to Saturday 10:00 to 00:30

Sunday: 10:00 to 00:00

 

Seasonal Variations: From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day. Sunday immediately prior to a bank holiday: 10 to 00:30

 

Representations Received

 

·       Metropolitan Police Service (PC Adam Deweltz) (MPS) withdrawn 21 September 2023.

·       Environmental Health Service (Maxwell Owusu Koduah) (EHS). 

·       11 local residents.

 

Summary of issues raised by Objectors

 

• I refer to the application for a new Premises Licence number for the above-mentioned premises. I have considered the information that you have provided within and accompanying this application. I have also considered the application in line with the relevant policies within the Councils Statement of Licensing Policy dated October 2021.
• Following consideration of the application and how it may affect the Licensing Objectives and meeting the requirements of the Council’s Statement of Licensing Policy I wish to make the following representations:
• The hours requested to play recorded music may have the likely effect of causing an increase in Public Nuisance within the area.
• The hours requested to provide late-night refreshment may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
• The supply of alcohol the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
• As presented, the application would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
• The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance and may impact on Public Safety within the area.

• First, I must express my strong opposition to the notion of introducing yet another restaurant and hospitality venue in our neighbourhood. The introduction of such an establishment threatens to compromise the existing residential character that defines the atmosphere of both Carlos Place and Mount Street. The preservation of this residential nature is not merely a preference, but an essential element that contributes to the quality of life for the residents in the area.
• Furthermore, it is disheartening to note that there has been a conspicuous absence of consultations regarding this application. The lack of engagement with the affected community members is a glaring oversight that has left us feeling excluded from a matter of significant importance to our neighbourhood. Such a disregard for community input contradicts the principles of transparency and inclusivity that should guide any decision-making process of this magnitude. Equally concerning is the proposed operational timeline, which extends until 1:30 am, accompanied by a request for a late music and alcohol license until 1 am. This proposal starkly contradicts the very essence of a residential street, where tranquillity and the well-being of its inhabitants should take precedence. The potential disturbances resulting from extended operational hours, amplified by alcohol consumption and live music, are untenable within a residential context.
• As a resident of Mount Street, I am finding it incredibly frustrating and tiring with the continued influx of hospitality venues and the associated increased footfall on the street. I cannot recall the last time I managed to park my own car on the street I live in. Furthermore, the proposed operating hours are until 1:30am. As someone whose bedroom's window overlooks Mount Street, I am afraid that my sleep quality will materially deteriorate. I am not a Mayfair tourist, myself and my family actually live in Mayfair and I will not tolerate further deterioration to our life quality in our beloved neighbourhood.
• I act for John Law, Tahoun Ahmed and Stuart Middleton, all of whom own flats at 125 Mount Street. We are objecting to this licensing application vehemently. First of all, I note that no amenity societies have been consulted for this contentious licensing proposal. Nor for that matter of fact were any WCC Planning Alerts received.
• I also note that this proposal has been put out during the peak summer holiday season, when many residents are abroad on holiday. All in all, one is left with the impression that the applicant's attitude is very much to hope to get it through without the due consultation process required to all stakeholders, and primarily the residents, who were this application to go through would see a further diminution in their amenities. To be clear, this is an office and residential building and the commercial elements around the immediate vicinity are either offices, retail mainly and some restaurants.
• Carlos Place is predominately a residential enclave and the continuous imposition to turn the area into a mini Soho, with late night music, late night alcohol licenses and all the associated anti-social and destructive fail out that this entails to the local community, is detracting against the sensitive balance that has historically been at the bequest of Mayfair, its residents and its commercial operators. This operator is clearly trying to fundamentally change the area to an entertainment late night offering first and foremost, with associated residential thereafter. That they have not consulted with us and our fellow residents and amenity groups, is not a surprise when one sees their proposed application.
• Other local residents will certainly make the point that these premises are situated in a highly residential area. That is very much the case and the area already has a large number of licensed premises nearby. The nature of the operation makes it unsuitable for the operation which is described as a restaurant with ancillary bar but looking at the size of area where restaurant conditions apply, the bar area cannot qualify as ancillary. The application states that " appropriate model conditions to promote the licensing objectives" will apply. This however does not go far enough as we feel that the particular details of this application need to show some extra and location specific measures to avoid public nuisance. We refer to the hours sought which are significantly beyond core hours and to the access and egress of vehicular movements bringing and collecting customers. Given the location we feel that a proper dispersal policy is called for. So, on behalf of RSMSJ I would like to object to the licence on grounds of public nuisance.
• This a townhouse surrounded by residential properties is not an appropriate place for a licensed premises and contravenes all the licensing objectives.

It will certainly cause noise and disturbance due to patrons entering and exiting and hailing taxis on a congested corner. The hours requested are beyond core hours which is completely unacceptable in a residential neighbourhood where children, the elderly and working people who need their rest will be trying to sleep and where it is their right to enjoy quiet amenity. This is the wrong use for this premises and must be refused.

• Policy PN1 states that ‘the Licensing Authority will not grant applications that do not promote the prevention of public nuisance licensing objective.’ The criteria and considerations set out in the policy are manifestly not complied with due to the hours proposed, the proposed style of operation, and the proposed extension of licensed use.
• What an extreme disaster! This endeavour appears to be yet another unfortunate development that poses a threat to the integrity of Mayfair. It is disheartening that some businesses seem to prioritise their own gains over the preservation of our community. The timing of the application's submission, coinciding with the holiday season, took me aback. To my surprise, there were no prior consultations held to acquaint us with the proposed plans.

In addition, the absence of direct communication regarding this matter is extremely disappointing. It is evident that the applicant is not interested in taking residents' concerns into account, which is certainly not an auspicious beginning.

• Mayfair is already home to numerous dining establishments, rendering the addition of more unnecessary. Even if there were a genuine need, which is doubtful, the proposed closing time of 1:30 am is a significant cause for concern. We recently succeeded in dissuading another restaurant from extending their hours to that late, and granting such a privilege to 8 Carlos Place would invariably encourage other establishments to follow suit.
• The relentless pursuit of profit is taking its toll on the cherished residential ambience of our neighbourhood. It is high time that we put an end to this unbridled greed and preserve the sanctity of our beautiful community.
• I am supporting residents' and the RSMSJ's objection to this licensing application. This premises has residential properties on all three sides of it and the application is for extended hours, well beyond core hours. Therefore, is highly likely to cause public nuisance and affect residential amenity contrary to the Council's Licensing policy and Mayfair Neighbourhood Plan.
• The proposed conditions do nothing to mitigate the issues. This is also a listed building, and the applicant has not consulted with residents on the use of the building as a restaurant, bar, night club. Granting this application would set an alarming precedent and contribute to noise disturbance and crime in the area.
• Grosvenor would be grateful if the City Council could please consider our representation in support of the above premises licence application. Grosvenor West End Properties owns the freehold of the premise; the applicant company is the new leaseholder. Grosvenor owns and manages a property portfolio across the world. In the UK, our heartland is in London’s West End, where we support nearly 1,000 businesses and thousands of residents, workers and visitors each day. The holdings include hospitality, restaurants, and retail in locations such as Grosvenor Square, North Audley Street, Duke Street, Mount Street, Brown Hart Gardens and beyond.
• We develop, manage and invest to improve property and places across many of the world’s leading cities and promote sustainability within the built environment. As a privately owned organisation we are long-term in our outlook considering the financial, environmental and social impacts of our decisions on our business, the places we are a part of and the people who rely on them.
• We work closely with Westminster City Council as part of our strategy for long-term investment in our key locations, forming part of a long-term commitment to support and improve these areas through refurbishment and enhancing the area’s profile and visitor experience. This includes carefully curated tenant mixes and an ongoing programme of initiatives. We work in partnership with the City Council and public realm improvement schemes and long-term participation in local stakeholder initiatives. The premises is located just off Mount Street, where Grosvenor have direct control over a majority of retail units. We continually invest in the street to support its success – this includes the refurbishment and restoration of the Audley pub, street improvements and the commissioning of the “Silence” water feature by Japanese architect Tadao Ando with the Connaught Hotel. From our perspective, any tenant selected, and application made, would have to be appropriate for this area and support its long-term future.
• The location is within the Core Central Activities Zone, meaning policy supports both retail and hospitality uses in the area. And managed well through an experienced operator, hospitality is having an increasingly important role in the success of any retail led destination. However, the introduction of a hospitality use in this building, which has been vacant since 2021, would not materially change the fact that the Mount Street area remains a predominately retail destination. Indeed, the concentration of restaurant/F&B uses on Mount Street is just 25%. The Applicant Paris Society International Holding Ltd was carefully selected by Grosvenor as the most appropriate operator for 8 Carlos Place. For all tenants we ensure that they will complement the mix and tone of the particular location, and that they have a positive track record both in running their business and in community relations.
• We assessed the application and extensive Operating Schedule, tailored to each floor, prior to submission and are supportive of it. We are equally confident that the premises will have a positive impact on the area and that activating this prominent but empty site with a highly regarded operator will enhance it. Furthermore, the premises licence would ensure a new layer of control and safeguards to ensure the premises is operated professionally and responsibly. These benefits will naturally extend to the area as a whole

 

Policy Conditions

 

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

 

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:

6. 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.

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

 

Policy RNT1 applies 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 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 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 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.

      

 

SUBMISSIONS AND REASONS

 

Ms Roxsana Haq, Presenting Officer, outlined the application to the Sub-Committee. She advised that this is an application for a New Premises Licence in respect of 8 Carlos Place, London, W1K 3AW. The Applicant had obtained pre-application advice from the Council’s EHS. Representations had been received from EHS and eleven interested parties, nine of whom withdrew their representations. The MPS also objected to the application but they too have withdrawn their representation. The Premises are located within the West End Ward but do not fall within the West End CIZ nor any Special Consideration Zone.  She confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated to the Members.

Mr Alun Thomas, Solicitor appearing on behalf of the Applicant, outlined the application to the Sub-Committee. He advised that the Premises is a listed building and traded previously a shoe factory. Paris Society International Holdings Ltd wish to open a new up-market restaurant across four floors (ground to fourth) and a small speak easy in the basement with a capacity of 10 patrons. The Ground Floor will have a Brasserie and space for 6 vertical drinkers while all the other floors (first to fourth floors) will be subject to WCC Restaurant Model Condition 66 where alcohol is only available with substantial food. While not conditioned, food will be available in all areas of the Premises.

Mr Thomas advised that nine of the eleven interested party representations have been withdrawn following mediation and amendment of the application, however, the EHS have maintained their representation. The Applicant has an extensive service management plan and dispersal policy following an expert report on transport, noise and dispersal being undertaken. He advised that the Premise is not in a Special Consideration Zone nor the West End CIZ and the amended hours requested match the nearby restaurant Bacchanalia. He advised that also following mediation with interested parties and the MPS, the fourth floor has been amended to include Model Condition (MC66) and the rear terrace on the first floor will close at 22:00.

Mr Thomas advised there is no external seating on Carlos Place and off sales of alcohol will be in sealed containers. The application also includes conditions on servicing times, the provision for SIA officers as well as being subject to a works condition.

In response to questions from the Sub-Committee Mr Thomas confirmed that the  Ground Floor will have up to six vertical drinkers while all others will be seated (up to the capacity of 100). Whilst the Ground Floor is not subject to MC66 because there is no restaurant, food will nevertheless be available to purchase.

Mr Thomas also advised that there is plenty of parking and facility arrangements for chauffer driven cars for Patrons of the restaurant. He confirmed that the Applicant met with residents of Mount Street and gave them the necessary comfort with their dispersal plans, which includes 13 taxi spaces outside the Premises.

Mr Guillaume Glipa of the Applicant Company advised that he had many established high-end restaurants in London and Paris with some 20 years’ experience in London. He stated that this application will bring back to use a derelict factory and will employ 100 people, many of whom will be from the local community.

Mr Thomas, in response to further questions, advised that the Premises will have no more than 10 deliveries a day and they have an agreed service management plan which will not allow deliveries between 21:00 and 07:30 hours. They also have security at the door to ensure drivers turn off their engines and do not leave them idling. Mr Thomas further advised that the 100 patrons on the Ground Floor not subject to MC66 will be mainly seated and a high-end drinking establishment. Residents who withdrew their representations were aware of this Ground Floor provision.

Mr Maxwell Koduah appearing on behalf of the EHS addressed the Sub-Committee. He advised that the Applicant had sought pre application advice and that process included proposed EHS conditions to be imposed on any licence granted. He advised that many of the residents withdrew their representations due to the thorough dispersal plan and the Applicant having a good track record at running well run establishments.

Mr Koduah and Mr Thomas discussed Paragraph 7.7 of the Dispersal Policy and agreed that this particular should be retained.

Mr Richard Brown, representing Dr T A, addressed the Sub-Committee and confirmed that the Applicant and Dr T A had undergone significant mediation with the interested parties and subsequently many had withdrawn - he commends them on this and he is happy with the amended application.

Dr T A advised that he is speaking on behalf of nine of the objectors including those who have withdrawn and commends the Applicant for agreeing conditions on the licence which would protect surrounding residents. These include but are not limited to the following:

·       Time restrictions are to apply on the first floor terrace.

·       Model Restaurant Condition (MC66) is to cover the majority of the Premises.

·       There is to be extra door supervision on late closing days.

·       The hours were amended as requested.

Dr T A advised that with these additional conditions and having been to Paris Society restaurants before he will withdraw his objection and looks forward to welcoming them to the neighbourhood.

Mr Horatio Chance, Legal Advisor to the Sub-Committee discussed the wording of the proposed conditions with all parties and made amendments, as necessary.

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 for a restaurant premises outside of the West End CIZ. There was no policy presumption to refuse the application under Policy RNT1 provided that the granting of it will not lead to the undermining of the licensing objectives. The comments advanced by Mr Thomas in his submissions regarding the Premises operating as a restaurant were noted.

 

In deciding the application, the Sub-Committee took into account the Sub-Committee papers, the requirements of the Act, the s.182 Home Office Guidance and the promotion of the licensing objectives.

 

The Sub-Committee noted that the MPS had withdrawn their representation against the application following their and Environmental Health suggested conditions to the Licence were agreed by the Applicant.

 

The Sub-Committee also noted the original hours were reduced accordingly so it was evident that the Applicant was flexible in his approach when dealing with residents and this was again welcomed by the Sub-Committee.

 

The Sub-Committee considers that the right balance has been struck here when considering the needs of the operator, local business and residents given the various undertakings given by the Applicant in his submissions to the Sub-Committee when considering the daily management of the Premises. 

The Sub-Committee was satisfied that the application was suitable for the local area and had listened and addressed any concerns raised.

The Sub-Committee concluded based on the evidence that the Applicant would help promote the licensing objectives with the offered conditions. In terms of the conditions these are all the conditions as stated at pages 188-194 of the report as amended by pages 3-6 of the additional report.

The Sub-Committee concluded that the licensing objectives will be promoted in light of the ongoing commitment by the Applicant to collaborate with local residents, the measures it has in place when it came to the management of the Premises for the hours sought and therefore decided to GRANT the application for a New Premises Licence. The Sub-Committee was persuaded that the application met the policy requirements under the SLP and has imposed all the conditions.

The Sub-Committee concluded that the conditions imposed on the Premises Licence will mitigate the concerns of those parties who had objected to the application and have the desired effect of promoting the licensing objectives. The Premises is to be food led and can only operate as a restaurant on the first, second and fourth floors due to model conditions MC66 and MC41 imposed on the premises licence requiring that food has to be sold ancillary to a table meal, and that substantial food and non-intoxicating beverages including drinking water shall be available in all parts of the Premises and that the service of alcohol is to be by waiter/waitress service. 

 

The Ground Floor will have up to six vertical drinkers while all others will be seated (up to the capacity of 100) and whilst this floor is not subject to Model Condition (MC66) food will nevertheless be available to purchase.

 

The Sub-Committee further concluded that the conditions attached to the licence together with the Premises Dispersal Policy and Service Management Plan now in place for the Premises would alleviate the residents’ concerns and were appropriate and proportionate to help promote the licensing objectives.

 

Going forward the Sub-Committee would welcome that the Applicant continues to maintain a fruitful dialogue with those who had objected to the application to ensure the smooth running of the Premises and the promotion of the licensing objectives.

Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Committee has determined,

after taking into account all of the individual circumstances of this particular case and the promotion of the four licensing objectives: -

 

1.        To grant permission for Recorded Music (Indoors) Monday to Saturday 10:00 to 00:30 Sunday 10:00 to 00:00 Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to a bank holiday: 10:00 to 00:30

 

2.        To grant permission for Late Night Refreshment (Indoors) Monday to Saturday 23:00 to 00:30 Sunday 23:00 to 00:00 Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to a bank holiday: 10:00 to 00:30

 

3.        To grant permission for the Sale by Retail of Alcohol (On and Off the Premises)Monday to Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 00:30 Sunday10:00 to 23:30 Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to a bank holiday: 10:00 to 00:30

 

4.        To grant permission for the Opening Hours of the Premises Monday to Saturday 10:00 to 00:30 Sunday 10:00 to 00:00 Non-standard Timings: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays immediately prior to a bank holiday: 10:00 to 00:30

 

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

 

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

 

Conditions imposed by the Committee after a hearing with agreement of the Applicant:

 

7.        On the first, second floors and fourth floors, 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,

(ii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table;

(iii) which do not provide any takeaway service of food or drink for immediate

consumption off the premises;

(iv) 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.

 

8.        On the basement and ground floor, the sale of alcohol shall only be to persons seated and by waiter/waitress service, save for a maximum of six persons standing at any time in the area shown hatched black on the premises plan.

 

9.        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.

 

10.      The rear terrace shall only be used between the hours of 10.00 to 22:00. There shall be no permitted access to the terrace area by staff and customers before 10.00 and after 22:00 except in the case of an emergency.

 

11.      A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

(a) The limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b) The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence Holder,

(c) The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,

(d) No alteration or modification to any existing sound system(s) should be affected without prior knowledge of the Environmental Health Consultation Team, and

(e) No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

12.      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 entire 31-day period.

 

13.      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.

 

14.      The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day,

they start their employment.

 

15.      The premises may remain open for the sale of alcohol and the provision of late-night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

 

16.      All sales of alcohol for consumption ‘Off’ the premises shall be only in sealed containers

 

17.      There shall be no sales of alcohol for consumption ‘Off’ the premises after 23.00 hours.

 

18.      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, passport of proof of age card with the PASS Hologram.

 

19.      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.

 

20.      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 crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received regarding crime 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

21.      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.

 

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

 

23.      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.

 

24.      No collection of waste or recycling materials (including bottles) from the premises shall take place between 21:00 and 07:30 hours on the following day.

 

25.      No deliveries to the premises shall take place between 21:00 and 07:30 hours on the following day.

 

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

 

27.      The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

28.      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.

 

29.      All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

30.      All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

31.      Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

32.      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 Westminster City Council.

 

33.      Patrons permitted to temporarily leave and then re-enter the premises to smoke shall be restricted to a designated smoking area limited to no more than (5) customers at any one time.

 

34.      One SIA-licensed door supervisor shall be on duty on Thursdays and Two SIA-licensed door supervisors shall be on duty on Friday and Saturday (and Sundays before a bank holiday) at the entrance of the premises at all times after 20:00 until close, and they must correctly display their SIA licence when on duty to be visible.

 

35.      No licensable activities shall take place until the premises have 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.

 

36.      No licensable activities shall take 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 not to exceed 250 in any event.

 

37.      Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

38.      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.

 

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

 

The Licensing Sub-Committee

30 November 2023