Agenda item
Koyn, 38 Grosvenor Street, W1K 4QU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4
(“The Committee”)
Thursday 30th November 2023
Membership: Councillor Angela Piddock (Chair), Councillor Shamsed Chowdhury MD, Councillor Karen Scarborough
.
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Katherine Stagg
Presenting Officer: Roxsana Haq
Other Parties: Mr Alun Thomas (Thomas & Thomas), Karthik Chandran (of the Applicant Company Far East Holdings Ltd), Anil Drayan (Environmental Health Service), Mr Richard Brown (Citizens Advice Westminster) representing Mike Dunn of Resident’s Society of Mayfair & St James.
Application for a Variation Licence in respect of Koyn 38 Grosvenor Street
London W1K 4QU 23/05443/LIPV
FULL DECISION
Summary of Application
The Sub-Committee has determined an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Koyn 38 Grosvenor Street London W1K 4QU (“The Premises”). The Premises intends to operate as a restaurant and has had the benefit of a premises licence since 2020. The PLH is Far East Holdings Limited.
The variation seeks the following:-
- To extend the terminal hour for Late Night Refreshment (extra 3 hours), Sale by Retail of Alcohol (extra 1.5 hours) and the closing time to 02:00 on Thursday, Friday and Saturday.
The Premises are located within the West End Ward but do not fall within either the West End CIZ or SCZ.
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 EHS and 5 local residents all citing concerns regarding public nuisance.
There is a resident count of 54.
Premises
Koyn
38 Grosvenor Street
London
W1K 4QU
Premises Licence Holder (“PLH”)
Far East Holdings Limited
Special Consideration Zone
N/A
Activities and Hours
Late Night Refreshment (Indoor)
Current
Monday to Sunday 23:00 to 00:30
To
Monday to Wednesday and Sunday 23:00 to 00:30
Thursday to Saturday 23:00 to 02:00
Seasonal Variations: From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day.
Sale by Retail of Alcohol (On and Off the Premises)
Current
Monday to Sunday 08:00 to 00:30
To
Monday to Wednesday and Sunday 08:00 to 00:30
Thursday to Saturday 08:00 to 02:00
Seasonal Variations: From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day.
Opening Hours Premises are Open to the Public
Current
Monday to Sunday 08:00 to 00:30
To
Monday to Wednesday and Sunday 08:00 to 00:30
Thursday to Saturday 08:00 to 02:00
Seasonal Variations:From the end of permitted hours on New Years Eve to the start of permitted hours on New Year’s Day.
Representations Received
- Environmental Health Service (EHS) (Anil Drayan).
- 5 local residents.
Issues raised by Objectors
- I wish to make the following representation based on the operation schedule submitted: The proposed extension in hours of the permitted licensable activities may result in an increase in Public Nuisance in the area.
- Clarification is requested on whether the plant and machinery operating for longer hours will not cause nuisance.
- No additional conditions have been offered e.g. dispersal policy, which may help mitigate against any adverse impacts of the proposed variation.
- A premises history check of Environmental Health records show a complaint was received in November 2022 regarding nuisance being caused by the waste collection arrangements at the premises in Three Kings Yard.
- The premises sit within the relatively recently completed, 1 Grosvenor Square development, and is therefore surrounded by private homes. The main entrance/exit to the premises is on Grosvenor Street directly alongside the main residential entrance. Far East Holdings Ltd, has applied to vary its current alcohol licence. I set out our objections against such variation, as follows: Public Nuisance in the form of noise past midnight and into the early hours of the morning from patrons coming & going, standing outside to smoke, cars picking up/dropping off with associated noise from car doors and voices leading to general local resident disturbance at anti-social hours over the weekend. An extension to the alcohol licence would increase the likelihood of crime and disorder in Grosvenor Street and the surrounding area. The concern is that increased hours of alcohol sales lead to increased alcohol consumption and therefore an increase in alcohol-related injuries, harm and crime.
- Management would have little or no control over any anti-social behaviour of their patrons once they have left the premises and were on the public footpath and outside the main residential entrance. Once established as a late-night venue, there is little doubt this would lead to related crimes such as theft, muggings, car break ins. Earlier this year, I was the victim of a bag theft in a hotel restaurant close to 1 Grosvenor Square. I was told at the time there is already a high volume of unsolved crime of this sort in the area. Koyn already enjoys a licence beyond midnight 7 days a week. A late-night venue from Thursday to early hours of Sunday morning will not only negatively impact the very closely situated residents of 1 Grosvenor Square, but also that of public safety and lead to an increase in public nuisance, therefore we ask that their request to vary is not granted.
- It has already become much noisier very late at night throughout the area south of Oxford Street, due to noisy people leaving licensed premises. Some are walking the streets on the way to get cabs. Some use their own vehicles, their loud voices and door-banging, and the engine noise, disturbs residents' sleep. Having more restaurants, bars and clubs open late attracts yet more pedicabs, playing 90 decibel sound systems under residents' windows. Also, this premises is allowed to have non-WCC deliveries and waste/recycling collections as late as 11pm, despite the impact on residents in the area. A more appropriate latest time for movement of goods outside the premises, deliveries, servicing and non-WCC waste collections would be 8pm.
No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (07.00) on the following day Monday to Saturday and before 07:00 and after 20:00 on a Sunday. It is not stated whether or not WCC waste and recycling services are used, or private company collections. The latter add to the number of large behemoth vehicles that cause extra noise and air pollution problems in the area.
- I object to the very late proposed closing time because it will damage residential 'amenity' in the area. I live at 21 Davies Street and I am Chairman of the 21 Davies Street Residents Association, and in those capacities, I am writing to object to this application as I believe an extension of the hours of operation will lead to increased nuisance and the possibility of increase crime.
The restaurant has a capacity for 120 diners and the majority of those arrive by car or taxi; some will travel in supercars capable of creating significant noise and this is most likely to occur when the diner leaves the restaurant. in so doing, these drivers cause significant nuisance to residents in this area. This is already a problem in this area. Separately, diners, particularly those in groups, can be noisy when they leave a restaurant, not realising or caring that they are in a residential area.
- Regardless of management operating plans, no restaurant is capable of controlling a diner's behaviour when they have left their premises. Of course, criminals are attracted to wealth, and diners wearing expensive watches are a natural target; if the potential victim has enjoyed alcohol and is less alert, and their location is in an otherwise quiet area with easy egress, they will be vulnerable and that may be exploited.
- Simply put, extending the operating hours of this restaurant in a predominantly residential area and consequently causing an increase in public nuisance and the possibility of increased crime, would be irresponsible, and for this reason, the application should be refused.
- It is not entirely clear whether the intention is to continue the restaurant operation until the later hours sought or whether the intention is to utilise the extra time for repairing to a bar area after eating. Either way we believe that something more, by way of proposed conditions, is required than " The existing conditions address all four licensing objectives. No additional measures considered necessary". We believe that the hours sought are so far beyond core hours that there is a very real risk of public nuisance and policies RNT1, HRS1 and PN1 justify additional conditions, if indeed you are minded granting. Our preference would be that these much longer hours are not granted.
- Applicant operates a restaurant/ bar with DJ music on ground floor of a residential building in a quiet street (Grosvenor Street). Extension of operating hours from 12.30am to 2.00am would result in a) significant noise disturbance to local residents (44 apartments in the same building) and b) limited incremental financial gains to a full time restaurant operator. I trust Westminster City Council will weigh the pros against the cons of this application.
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.
SUBMISSIONS AND REASONS
Ms Roxsana Haq, Presenting Officer, outlined the application to the Sub-Committee. She advised that this is an application for a Variation of a Premises Licence in respect of Koyn 38 Grosvenor Avenue London W1K 4QU made by Far East Holdings Limited the PLH. Representations have been received from the EHS and five interested parties. The PLH seeks to extend the terminal hour for Late Night Refreshment (extra 3 hours), Sale by Retail of Alcohol (extra 1.5 hours) and the closing time to 02:00 on Thursday, Friday and Saturday. The Premises are located within the West End Ward but not located within the West End Cumulative Impact Zone or Special Consideration Zone. She confirmed that the additional submissions from the PLH and the Interested Parties had been circulated.
Mr Alun Thomas, Solicitor appearing on behalf of the PLH outlined the application to the Sub-Committee. He advised that the application seeks to extend the sale of alcohol, late night refreshment and hours open to the public on Thursdays, Fridays and Saturdays. The PLH had agreed with the EHS to include Model Condition (MC99) requiring the Premises to have in place a dispersal policy. He advised that Koyn serves Japanese Food, with an average bill of £150 per person and has been opened for the last two years without any complaint of anti-social behaviour. The rationale for the application is due to an increase in requests for late night dining particularly from international travellers. Mr Thomas advised the Premises is located right on the corner of Grosvenor Square, in a low crime and disorder area, even with their current operating hours which are later than WCC Core Hours.
In response to questions from the Sub-Committee, Mr Thomas advised that the extension of hours for the sale of alcohol will only be with food and will be high end spirits and a limited cocktail selection. The PLH agreed to restrict off sales to 23:00 hours. Mr Thomas stated that in response to a complaint regarding waste management the PLH had moved the servicing area to limit the disturbance on surrounding residents. They have also limited the delivery hours, recorded the closure of the back entrance and had a door person to assist in dispersal (including sourcing taxi’s for patrons) to limit the impact on the 54 residents in the surrounding area. Mr Thomas said that if the Sub-Committee were minded granting the application the PLH would be happy to stop serving alcohol half an hour before closing time.
Mr Anil Drayan appearing on behalf of the EHS addressed the Sub-Committee. He said that the EHS had maintained representation as the variation application was asking for a licence until 02:00 hours which is outside WCC Core Hours. The Premises had already traded outside of Core Hours and this application is an extension in hours. He advised that there had been no complaints about dispersal or noise breakout from the Premise but the proposed terminal hour until 02:00 could still cause nuisance. He added that a dispersal policy was requested to formalise the procedures the Premises were already undertaking and this would include the supervision of people leaving, which would assist City Inspectorates visiting the Premises when carrying out compliance checks.
Mr Mike Dunn, representing Resident’s Society of Mayfair & St James addressed the Sub-Committee. He advised that while the PLH had engaged well with immediate neighbours there has been no specific engagement with the wider community on this application. He advised that the Resident’s Society of Mayfair & St James did not object to the original application, despite it being outside of Core Hours, but there has been a wave of early morning premises being requested which could threaten the character of the area. He then went onto state that local residents, in their written objections, had complained of loud voices and car doors slamming outside the Premise but had not complained directly to the City Councils Noise Team on these matters.
Mr Richard Brown, representing Resident’s Society of Mayfair & St James addressed the Sub-Committee. He advised that this application is a 02:00 hours licence situated in a residential building and the late closure hours is not in keeping with the other premises in the surrounding area. He advised that staff, following closing up and cleaning would be leaving the Premises at 02:30 to 03:00 hours. Mr Brown added that residents would like to see a condition imposed on the licence to not allow glassware in the smoking areas. Mr Thomas agreed to this condition.
In response to further questions from the Sub-Committee Mr Thomas advised that the PLH would not have live music or a DJ after 00:30 hours, which are the times permitted on the current licence. He also clarified that the application is for the sale of alcohol for an additional hour as the PLH would stop selling alcohol at 01:30 and while someone would be able to have dinner and then continue drinking after the meal this rarely happens.
Mr Thomas stated that the PLH had already proven that they can operate well, beyond Core Hours and there had been no problems recorded from the Premises. While they understand that 02:00 is a different, quieter, phase of night the risk of nuisance is low due to the clientele, acoustics and the dispersal policy. He also advised of that only two residents out of the 54 residents living above the Premises had made written representations as they work closely with the buildings concierge to address any problems which may arise and this factor was pertinent to the Sub-Committee’s overall decision making of the application.
Mr Horatio Chance, the Legal Advisor to the Sub-Committee, discussed the wording of the proposed conditions with all parties and made amendments, as necessary.
In summing up to the Sub-Committee, Mr Dunn and Mr Brown advised that the Resident’s Society of Mayfair & St James understand that 90% of all licence applications are in Soho and Mayfair so they do not object to every application but the additional 2 hours over Core Hours for the Variation will have a higher chance of negatively impacting the local residents due to the different phase of night.
In summing up to the Sub-Committee Mr Thomas advised that this application is for an additional hour of licensable activities with the sale of alcohol ending at 01:30 with a terminal closing of 02:00 allowing customers to leave slowly over time and will be managed by the door supervisor who will help assist with dispersal. There is no evidence of problems at this Premises and the crime levels in the area are low so it is a good location to have a later opening restaurant to deal with the international demand for later dining in Westminster.
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 and does not conflict with existing policies such as Policy HRS1. The comments advanced by Mr Thomas in his submissions regarding the Premises operating as a high end restaurant serving Japanese cuisine 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 the submissions made by all the parties, including the EHS and supplementary submissions made by the PLH during the hearing in its determination of the matter and the promotion of the licensing objectives.
The Sub-Committee was satisfied that the application was suitable for the local area and had listened and addressed any concerns raised. Moreover, it was noted that the Metropolitan Police Service did not object to the application who are considered the experts on crime and disorder.
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 PLH in his submissions to the Sub-Committee when considering the daily management of the Premises.
It was noted by the Sub-Committee that the EHS and Mr Brown had suggested conditions to the Licence which were agreed by the PLH. The Sub-Committee noted that the PLH had demonstrated that they were a good operator with little issues over the last two years and so the later terminal hour closure was to be managed by an effective dispersal promoting both the public nuisance and crime and disorder licensing objectives.
The Sub-Committee concluded based on the evidence that the PLH would help promote the licensing objectives with the offered conditions. In terms of the conditions these are all the conditions as stated at pages 228-232 of the agenda report together with the inclusion of Model Conditions MC21, MC24, MC57 and the requirement there shall be no off sales of alcohol after 23:00 are now imposed on the licence.
The Sub-Committee concluded that the licensing objectives will be promoted in light of the ongoing commitment by the PLH to collaborate with local residents, the measures it has in place when it came to the management of the Premises by continuing to be a competent and professional operator promoting the licensing objectives for the hours sought and therefore decided to GRANT the application for a Variation of 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. Save for the bar area the Premises is to be food led and, in any event, can only operate as a restaurant in accordance with model conditions MC66 (operating after 00:30) and MC38 already imposed on the premises licence requiring that the sale of alcohol has to be sold ancillary to a table meal and the former requiring that the sale of alcohol shall be sold to a substantial table meal with waiter/waitress service.
The Sub-Committee further concluded that the conditions attached to the licence together with the undertakings given by the PLH in relation to dispersal arrangements by the Premises dispersal policy until the late terminal hour of 02:00 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 PLH 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 the Sale by Retail of Alcohol (On and Off the Premises)Thursday, Friday and Saturday 08:00 to 01:30 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.
2. To grant permission for Late Night Refreshment (Indoors) Thursday, Friday and Saturday 23:00 to 01:30 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.
3. To grant permission for the Opening Hours of the Premises Thursday, Friday and Saturday 08:00 to 02:00 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.
4. That the Licence is subject to any relevant mandatory conditions.
5. That the existing conditions on the licence shall remain in full force and effect save as otherwise varied by the addition of four new conditions as specified below and numbered 6-27 which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with agreement of the PLH:
6. Alcohol sales for consumption on or off the premises shall not commence before 10:00.
7. Save for the bar area shown on the plan, the supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.
8. Except in the bar area, the supply of alcohol shall be by waiter or waitress service only.
9. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.
10. 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 is 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.
11. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open. This staff member must be able to provide a Police or authorised council officer copies of recent
CCTV images or data with the absolute minimum of delay when requested.
12. An incident log shall be kept at the premises, and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
14. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
15. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (07.00) on the following day Monday to Saturday and before 07:00 and after 20:00 on a Sunday.
16. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
17. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) and (07.00) on the following day Monday to Saturday and before 07:00 and after 20:00 on a Sunday.
18. No deliveries to the premises shall take place between (23.00) and (07.00) on the following day Monday to Saturday and before 07:00 and after 20:00 on a Sunday.
19. A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the
PASS Hologram.
20. A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an
authorised officer of the City Council at all times whilst the premises is open.
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. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed Ground Floor: 100 and Basement 80.
23. After 00:30, the Premises shall only operate as a restaurant:-
(i) In which customers are shown to their table or the customer will select a table themselves.
(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.
(iv) Which do not provide any takeaway service of food or drink for immediate consumption off the premises.
(v) Where alcohol shall 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.
For the purposes of this condition “Substantial Table Meal” means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such mean and is eaten bey a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
24. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
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 and/or is to be made available to residents and businesses in the vicinity.
26. Patrons permitted to temporarily leave and then re-enter the premises, eg to smoke or make a phone call, shall not be permitted to take glass containers with them.
27. There shall be no sales of alcohol for consumption off the premises after (23:00) hours.
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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Koyn report_Redacted, item 2.
PDF 3 MB - Restricted enclosure View the reasons why document 2./2 is restricted