Agenda item
Petite Cafe London, 102 Great Portland Street, W1W 6PD
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 30 November 2023
Membership: Councillor Angela Piddock (Chair) Shamsed Chowdhury Md and Councillor Karen Scarborough
Application for a New Premises Licence in respect of Petite Café London 102 Great Portland Street London W1W 6PD 23/05399/LIPN
FULL DECISION
Premises
Petite Café London
102 Great Portland Street
London
W1W 6PD
Applicant
Petite Café London Limited
Special Consideration Zone
N/A
Activities and Hours
Sale by Retail of Alcohol
Monday to Sunday 09:00 to 23:00
Seasonal Variations: Christmas and New Years Eve 09:00 to 02:00
Hours Premises are Open to the Public
Monday to Friday 07:00 to 23:30
Saturday 08:00 to 23:30
Sunday 08:00 to 22:30
Seasonal Variations: Christmas and New Years Eve 09:00 to 02:00
Case Summary
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Petite Café London 102 Great Portland Street London W1W 6PD (“The Premises”). The Premises intends to operate as a restaurant serving breakfast, lunch and dinner.
The Premises previously benefitted from a premises licence (20/11994/LIPN), but the licence lapsed due to the Licence Holder dissolving in January 2023. The premises history can be found at Appendix 3 of the agenda report.
The Applicant has provided a Noise Assessment Report, Kitchen Odour Assessment and a leaflet with the kitchen extractor. These can be found at Appendix 2 of the report.
On original submission of the application, the Applicant applied for the following.
· Late Night Refreshment
Monday to Sunday 23:00 to 00:30
· Retail Sale of Alcohol
Monday to Sunday 09:00 to 00:30
· Opening Hours
Monday to Sunday 07:00 to 00:30
The Applicant withdrew Late Night Refreshment and since reduced the hours for the Sale by Retail of Alcohol which are reflected in section 1-B of the report. The Applicant agreed a number of conditions with the Metropolitan Police Service and Environmental Health Service to form part of their operating schedule. These can be found at Appendix 4 of the report.
The Premises are located within the West End Ward but do not fall either within the West End CIZ or SCZ. There is no policy presumption to refuse applications for a restaurant premises outside of the West End CIZ provided they do not undermine the licensing objectives. 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 (Withdrawn), Environmental Health Service and 3 local residents two of which have now withdrawn their objections. The remaining objection cites concerns regarding public nuisance. EHS cite concerns regarding Public Safety also.
There is a resident count of 288.
Representations Received
· Metropolitan Police Service (PC Andy Elliott) (Withdrawn 13 September 2023) (MPS)
· Environmental Health Service (Ayesha Bolton) (EHS)
· Sharon Palazzo On behalf of 89 Great Portland Street London W1W 7LX (Withdrawn 21 November 2023).
· Mr FNA Fitzrovia Neighbourhood Association London W1 (Withdrawn 23 November 2023)
· Mr Garry Hunter 24 Furnival Mansion Wells Street London W1T 3PL (Withdrawn 17 October 2023)
· Mr Richard East 3 James Boswell House 118-112 Great Portland Street London W1W 6PW.
Summary of Representations
· I refer to the application for a new Premises Licence for the above premises.
The applicant has submitted floor plans of the Ground Floor and Basement of the premises. This representation is based on the plans and operating schedule submitted. The applicant is seeking the following:
· To provide Late Night Refreshment both Indoors and Outdoors from the premises Monday to Sunday from 23.00 to 00.30 hours. Christmas Day and New Year Eve from 23:00 to 02.00 hours.
· To provide Supply of Alcohol both On and Off the premises Monday to Sunday from 09.00 to 00.30 hours. Christmas Day and New Year Eve from 09:00 to 02.00 hours.
· The provision and the hours requested for Late Night Refreshment will the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
· The provision and the hours requested for Supply of Alcohol will the likely effect of causing an increase in Public Nuisance within the area and may impact on Public Safety.
· The granting of the application as presented would have the likely effect of causing an increase in Public Nuisance in the area and may impact on Public Safety within the area.
· The applicant has provided additional information within the application which is being assessed. Additional conditions will be proposed by Environmental Health to address the licensing objectives.
· The FNA is the recognised Amenity society for the area; members and residents asked us to make a representation on their behalf;
There are 5 residential units located above the premises.
Their amenity is likely to be adversely impacted by the operations of this restaurant; the applicant does not advance any proposals to reduce or protect residents' amenity residing in the same building and nearby buildings; there are no conditions intended to reduce noise, nuisance, loitering outside the premises- as required under policy PN1- i.e. noise, smell.
· We note the lack of a proposed condition that alcohol would be ancillary to the consumption of food at the premises, and there is no reference to the management of takeaways, or that off sales of alcohol would be auxiliary to the sale of food. We particularly object to granting a premises license beyond core hours for restaurant - policy HRS1 section 8 restaurants - Mon-Thurs: 0900-2330, Fri and Sat: 0900-midnight, Sunday: 0900-2330. The applicant did not explain why he applied for longer hours, nor did he suggest conditions to protect residents' amenities [noise and smell from the premises]. in fact, scant details are provided as to the nature of the operation, capacity, arrangement for delivery of food and rubbish collections [both should not take place during the night] , condition that alcohol sale would be auxiliary to the sale and provision of food, and proposal to manage the issue of people loitering outside the premises- either smokers or deliveries
Policy Considerations
Policies HRS1 and RNT1 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
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.
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.
SUBMISSION AND REASONS
Ms Roxsana Haq the Presenting Officer outlined the application to the Sub-Committee. She advised that this was an application for a New Premises Licence in respect of Petite Café London 102 Wardour Street London W1W 6PD which intends to operate as a restaurant. The application has been made by Petite Café London Limited and in attendance are Ms Ana Tsiuba (Executive Chef/Business Owner)
and Mr Jacques Sabah (Operation Manager). The Applicant seeks the Sale by Retail of Alcohol On and Off the Premises. Full details can be found at pages 237 of the agenda report. Representation has been received by the EHS (Ayesha Bolton). The one remaining resident objector is not in attendance today.
Mr Sabah appearing on behalf of the Applicant Company addressed the Sub-Committee briefly. He stated that his dealings had been open and flexible with the Responsible Authorities namely the EHS and MPS. The application was amended to reflect the concerns raised by the objectors in their representations which had touched upon the proposed hours sought, however, after negotiation these were reduced to core hours. In so far as the rest of the concerns raised these have now been satisfactorily addressed. Communication has been via the Westminster licensing officer with the objectors.
In answer to questions from the Sub-Committee Mr Sabah confirmed the following matters:-
· We have a small café/restaurant from 09:00 offering all day brunch together with a range of small snacks and dishes in the licensable area where alcohol sales will take place.
· The offer to customers allows them to come and work from the Café in a small space.
· Customers will be able to finish their day by having a glass of wine or beer. The holding bar area to be limited to 6 people will allow customers to have a drink whilst waiting for a table.
· The Premises has a basement area that is a private dining room which can hold up to 18 people with pre-booked events.
· The capacity for the ground floor is 40 people seated.
· The capacity for the entire Premises is 58 which includes the basement area.
· Currently the business is not thinking of doing food takeaways but this could be an option to be explored for the future.
· Regarding off sales of alcohol, we do not intend to have these.
At this point, the Sub-Committee sought clarification regarding the off sales of alcohol due to the fact that the Applicant had not included within the red line the outside area for licensable activities. It was confirmed that this area would be used for the sale of alcohol and so off sales would be required because it was not a private forecourt - the Applicant is therefore advised to provide a revised plan to the Council’s Licensing Authority demarking the area.
Mr Kerry Simpkin the Policy Advisor to the Sub-Committee advised that a separate pavement licence would need to be applied for under the provisions of the Business and Planning Act 2020 in the usual manner by the Applicant.
Mr Sabah confirmed that the tables and chair (two tables with four people seated)
would be outside from 09:00 to 22:00 when they will be brought back in at the end of the day to avoid nuisance.
The Sub-Committee raised the issue of deliveries due to the street being narrow and in response thereto Mr Sabah stated that delivery drivers could turn into the street and go into the single waiting space by the BBC offices. This would also be the same area where we would request customers to smoke as a designated point.
Mrs Ayesha Bolton appearing on behalf of the EHS addressed the Sub-Committee. She advised that representation had been maintained because it was felt that the Applicantneeded some support as they were not professionally represented.
Mrs Bolton advised that she had visited the Premises, had gone through the application and had discussed initially the hours which had been reduced to below core together with the proposed conditions. She advised that she did not have concerns with the application and most of the issues the residents had raised regarding potential public nuisance had now been addressed through the agreed conditions.
In answer to questions from the Sub-Committee Mrs Bolton advised that the Applicant had been very understanding throughout the application process, had had positive engagement with local residents which led to the withdrawal of those objections coupled with the main sticking point concerning hours had been reduced. The residents have been given the EHS and MPS conditions. However, conditions 11 and 18 are duplicated so the latter can be removed.
Mr Sabah stated that he just wanted their customers drink alcohol with their food which would apply to the outside area where customers can only drink alcohol when seated taking a table meal.
Mr Horatio Chance the Legal Advisor to the Sub-Committee confirmed for the benefit of the Applicant that if Members were minded granting the application, then the conditions recorded at pages 290-291 of the agenda report would be imposed on the premises licence. Mr Chance also stated that the Applicant should be encouraged to obtain their own independent legal advice so they fully understood the licensing regime their obligations that flowed directly from running a licensed premises, namely the need to promote the licensing objectives and compliance with licensing conditions.
Mr Sabah and Mrs Bolton had nothing further to add to their submissions by way of summing up.
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.
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 Applicant had withdrawn late night refreshment after listening to the concerns of local residents. The Sub-Committee also noted that the MPS had withdrawn their objection as well after agreeing conditions which promoted the crime and disorder licensing objective. The original hours were reduced to under core hours 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 and the findings of both the Noise Impact Assessment (covering a new ventilation and air conditioning system at the Premises) and Kitchen Odour Assessment to cover the installation of a commercial kitchen and extraction system which were submitted under cover of the Applicant’s original application for planning permission of the Premises but nonetheless helpful to the licensing application process.
In terms of the licensing objectives the Sub-Committee considered that the public nuisance licensing objective is to be promoted given the concluding remarks of the aforementioned reports when it comes to the potential for noise and smells emanating from the Premises.
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 294-299 of the report as slightly amended.
The Sub-Committee concluded that the licensing objectives will be promoted in light of the ongoing commitment by the Applicant to work 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 meaning that in terms of the hours for the sale of alcohol are Monday to Saturday 09:00 to 23:00 and Sunday 09:00 to 22:30.
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 due to model conditions MC38 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 small holding bar area is to be a waiting area for 6 people where they can drink alcohol whilst waiting to be seated to take a table meal.
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 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 and Off the Premises) Monday to Saturday 09:00 to 23:00 Sunday 09:00 to 22:30.
2. To grant permission for the Opening Hours of the Premises Monday to Friday 07:00 to 23:30 Saturday 08:00 to 23:30 Sunday 08:00 to 22:30.
3. That the Licence is subject to any relevant mandatory conditions.
4. 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:-
5. 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. 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.
6. 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 Officer or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.
7. 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.
8. A 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.
9. 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
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
10. Notices shall be prominently displayed at all exits and the outside smoking area requesting patrons to respect the needs of local residents and leave the area quietly.
11. 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.
12. There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.
13. 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 license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.
14. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take glass containers with them.
15. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed:
Ground Floor 50 persons.
Basement Dining Room 20 persons.
Outside area 4 persons
With no more than 70 persons indoors and outdoors in total
16. The supply of alcohol for consumption on the premises shall only be to a person seated taking a table meal there and for the consumption by such a person as ancillary to their meal.
17. The supply of alcohol for consumption on the premises shall be by Server, Waiter or Waitress service only.
18. Notwithstanding condition 2 and 3 above, alcohol may be supplied to and consumed by up to 6 persons at any one time, prior to their meal in the bar area (designated on the plan).
19. All sales of alcohol for consumption off the premises shall be in sealed containers only and ancillary to a take-away meal, except for persons seated at the external table and chairs.
20. Deliveries of food and drink shall only be made to a bonafide residential or business addresses.
21. 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.
22. The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner to ensure that there is no public nuisance or obstruction of the public highway.
23. 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.
24. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons.
25. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.
26. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
27. 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.
28. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day.
29. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day.
30. 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.
31. There shall be no sale of alcohol for consumption off the premises after 23:00.
32. No deliveries from the premises, either by the licensee or a third party, shall take place between (23:00) and (08:00) hours on the following day.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
30 November 2023
Supporting documents:
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102 Great Portland Report_Redacted, item 3.
PDF 4 MB - Restricted enclosure View the reasons why document 3./2 is restricted
- Restricted enclosure View the reasons why document 3./3 is restricted