Agenda item
The Barbary, Basement and Ground Floor, 112 Westbourne Grove, W2 5RU
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Wednesday 17 January 2024
Membership: Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Jim Glen
Officer Support: Legal Adviser: Michael Feeney
Policy Officer: Daisy Gadd
Committee Officer: Steve Clarke
Presenting Officer: Roxsana Haq
Other Parties: Jack Spiegler (Thomas & Thomas), Zoe Paskin (Zlny Limited), Layo Paskin (Zlny Limited), Maxwell Koduah (Environmental Health), Richard Brown (representing South East Bayswater Residents' Association) and John Zamit (South East Bayswater Residents' Association)
Application for a New Premises Licence in respect of The Barbary, Basement and Ground Floor, 112 Westbourne Grove, W2 5RU (23/05789/LIPN)
FULL DECISION
Premises
The Barbary
Basement and Ground Floor
112 Westbourne Grove
London
W2 5RU
Applicant
Zlny Limited
Cumulative Impact Area
None
Special Consideration Zone
Queensway and Bayswater
Ward
Bayswater
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The Applicant intends to operate the Premises as a restaurant.
The premises previously benefitted from a premises licence (14/07833/LIPN), but the licence lapsed due to the Licence Holder going into liquidation in January 2017.
Representations Received
· Environmental Health Service
· Eight Interested Parties
Summary of Issues Raised by Objectors
Environmental Health Service
· The supply of alcohol and the hours requested may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.
Five Interested Parties (Objecting)
· There is already one restaurant in the building (Sunday in Brooklyn), which creates a number of problems for the owners and residents, such as food and oil spillage on common floors. The communal bin area on the restaurant side of the building is always filthy and there are vermin issues which also affect the sewage pump in the underground car park.
· The queues to the entrance of the proposed restaurant could be an issue for residents and for pedestrians, as it is situated on the corner of Chepstow Rd, right by traffic lights on a narrow pedestrian path.
· The selling of more alcohol in our building complex (on top of the existing restaurant) could cause more noise and rowdy behaviour in and just outside the building entrance on Chepstow Road.
· Concerns were raised about the level of noise that would emanate from the premises.
· Significant concerns were raised regarding the communal refuse area which was regularly in a poor state due to the existing restaurant in the building.
Two Interested Parties (Supporting)
· There was support for the restaurant opening in the space occupied by the Maddox Gallery, which was noted as being overly quiet and disused.
· The original Barbary restaurant in Covent Garden was well run with the utmost hospitality. A Barbary restaurant would be a bonus for the community.
South East Bayswater Residents' Association (SEBRA)
· Representations were made on the basis of the likely impact on the licensing objective of ‘prevention of public nuisance’ and the potential for nuisance within a residential area.
· The premises is located within the Council Licensing Policy Queensway/ Bayswater Special Consideration Zone, where there are increased requirements which the Applicant must address. The Premises is located in a mixed busy shopping street, on the corner of Chepstow Road, with many residents above and opposite on both sides.
· SEBRA suggested the following conditions to protect residential amenity:
o Similar to noise condition proposed No 5, we wish to have one covering 'odours', especially as there are flats immediately above proposed restaurant.
o Standard condition asking for all doors and windows to be kept in closed position after 21.00.
o On proposed Condition 17, we would like WCC standard condition that prohibits drinks being taken outside.
· We would like further information on how ventilation for the premises is proposed, particularly from the kitchen area.
Submissions
1. The Presenting Officer introduced the application, highlighting that the premises fell within the Bayswater Ward and came under the Bayswater and Queensway Special Consideration Zone. Members were informed that representations had been received from one responsible authority in the Environmental Health Service, and eight Interested Parties, including the South East Bayswater Residents’ Association.
2. Jack Spiegler (Thomas & Thomas), was present as the Applicant’s Agent. Zoe Paskin and Layo Paskin (Zlny Limited) were also present. The Agent addressed the Sub-Committee noting that the Applicant had an exemplary reputation as restaurateurs in both Westminster and Camden. The application was for a tightly-conditioned restaurant licence within core hours. It was highlighted that there had not been any representations made by the Licensing Authority or the Metropolitan Police Service and that the premises did not fall within a Cumulative Impact Area.
3. It was stated that the Applicant would be happy to agree for Model Condition 24 to be added to the licence which would give a telephone number to local residents enabling them to contact the Premises should any concerns arise. It was also noted that the Applicant would always be wiling to engage with local residents and had agreed the conditions suggested by SEBRA.
4. On the matters raised by objectors in their representations, it was highlighted that the premises would categorically not be used as a nightclub, which was alluded to in one of the representations. With regard to waste, refuse and vermin concerns, it was noted that the operators had a comprehensive waste management plan and that the refuse area referred to in some of the representations received was not in fact the refuse area that would be used by the restaurant in question. The conditions proposed addressed the SCZ concerns.
5. Layo Paskin addressed the Sub-Committee, stating that the Applicant had extensive experience in operating restaurants and that it required a lot of attention to detail and effort to ensure the many aspects of the business functioned well. It was stated that the Applicant had engaged extensively with the Licensing Authority to explain why the application would not negatively impact upon the Bayswater and Queensway Special Consideration Zone and that the proposed conditions were there to ensure that a high operating standard was upheld. It was requested that the Sub-Committee grant the application.
6. The Sub-Committee sought clarification upon some aspects of the application and premises, including the seating plans, the location of the emergency exit and the exact refuse area that was to be used by the restaurant. It was also clarified that the exact use of the basement had not been decided, it was possible that it could become either a private dining space or a staff welfare/staff room.
7. Members noted that some of the resident concerns regarded odours emitting from the restaurant, stating that they had issues with the other restaurant in the building. The Applicant confirmed that there was a duct which had been recently tested and was suitable to prevent issues occurring with regard to odour.
8. Maxwell Koduah (Environmental Health Service) was present and addressed the Sub-Committee. It was noted that overall Environmental Health were happy with the application and the conditions that had been agreed. It was highlighted that, upon a site visit, Environmental Health did not find any obstructions that would inhibit the movement of individuals should there be an emergency. There were concerns remaining with regard to capacity, but it was stated that these could be alleviated upon a further site visit. It was noted that the Applicant had agreed to a condition to that effect and it was requested that the Sub-Committee impose such a condition, should they be minded to grant the application.
9. Richard Brown (on behalf of the South East Bayswater Residents’ Association - SEBRA) was present and informed the Sub-Committee that SEBRA welcomed the Applicant to the area and wished them every success. SEBRA acknowledged the reasonable hours applied for but maintained their representation in that there were concerns with a nearby premises occupying another unit in the same building, however it was acknowledged that this had no impact on the application at hand.
10. There were a number of conditions proposed that had been agreed by the Applicant and which were raised by SEBRA as being imperative to the harmonious operation of the Premises. These included an amendment to condition 17 in that patrons permitted to temporarily leave the premises would not be allowed to take drinks outside with them. There were also some additional conditions proposed by SEBRA which had been agreed by the Applicant. These conditions were:
· “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.”
· “All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.”
11.It was suggested that Sub-Committee consider also including Model Condition 23 regarding the displaying of notices in any smoking areas reminding patrons to respect local residents. It was also mentioned that Model Condition 26 should be considered to manage any queuing that may arise from those looking to enter the premises. The Applicant agreed that they would be happy to adhere to Model Conditions 23, 24 and 26.
12.John Zamit (on behalf of SEBRA) also addressed the Sub-Committee, highlighting that it was unfortunate that the residents who made representations could not attend the hearing to make their concerns known directly to the Sub-Committee. Mr Zamit acknowledged that the Applicant had proposed good conditions and reasonable hours. It was also noted that the Premises had been operated until recently as a gallery which, by nature of the operation, would not lead to any concerns from local residents regarding public nuisance. SEBRA were also pleased to see that the main entrance would be on Chepstow Road as, in the event of queuing to enter the premises, there was slightly more space, although it was noted that the queue management condition was important. On the mater of refuse and waste, the importance of keeping the area clean was reiterated and it was noted that, if this did become a nuisance for residents, that they would let the operator know.
13.In summing up, the Applicant highlighted that they would always look to work and engage with the residents and that it was easier for all parties if they liaised with residents to understand and alleviate their concerns at the earliest opportunity.
Reasons and Conclusion
14.The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.
15.The Sub-Committee considered that the Application should be granted because the proposal was for a restaurant within core hours with robust conditions that would ensure that the licensing objectives were upheld. The Sub-Committee placed great weight on the fact that the Licensing Authority and the Metropolitan Police had not objected and that EHS had confirmed that they were happy with the Application.
16.With regards to the issues raised by residents objecting to the Application, the Sub-Committee considered that these could be addressed by condition. SEBRA had proposed conditions (agreed with the Applicant) that would ensure that no odours from the restaurant would cause a nuisance and that noise nuisance would be reduced by closing windows/doors after 21.00 hours. The Sub-Committee also noted the Applicant’s willingness to agree further conditions that would control queuing and would mandate display notices requesting smokers to use the area quietly. Finally, the Sub-Committee was pleased that the Applicant was willing to agree model condition 24 and considered that this would help ensure that there was good dialogue between the Applicant and local residents in the future.
17.The Sub-Committee noted the concerns raised over rubbish in the building and took this issue seriously. However, the Sub-Committee accepted the explanation of the Applicant that for several of the representations, the representations concerned a refuse area that would not be used by the Premises. Further, the Sub-Committee noted that the Applicant had a comprehensive waste management plan and considered that this (together with the proposed conditions) would ensure that there were no problems caused by waste or vermin generated by the Premises. Overall, the Sub-Committee concluded that the issues raised in the SCZ policy for Queensway and Bayswater had been addressed.
Having carefully considered the committee papers, the additional papers and the submissions made by all of the parties orally, the Sub-Committee has decided, 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:
Sale by Retail of Alcohol On Sales
Monday to Saturday: 11:00 to 23:00
Sunday: 12:00 to 22:30
From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day.
12:00 to 23:00 on Sundays immediately before bank holiday Mondays.
Opening Hours
Monday to Saturday: 11:00 to 23:30
Sunday: 12:00 to 23:00
From the end of permitted hours on New Years’ Eve to the start of permitted hours on New Years’ Day.
12:00 to 23:30 on Sundays immediately before bank holiday Mondays.
2. To add relevant Mandatory Conditions to apply.
3. To add the following conditions proposed to form part of the operating schedule:
9. The premises shall only operate as a restaurant
(a) in which customers are shown to their table or the customer will select a table themselves,
(b) where the supply of alcohol is by waiter or waitress service only,
(c) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(d) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(e) 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 in 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 meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
10. Notwithstanding condition 9, alcohol can be sold for consumption by up to 10 persons in the designated bar area before, during or after their meal.
11. 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 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.
12. 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.
13. 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.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
15. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
16. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day save for where the Westminster City Council collection times are different.
17. 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.
18. 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.
19. No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 hours on the following day save for where the Westminster City Council collection times are different.
20. 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.
21. 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.
22. 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
23. Except for deliveries of fresh perishable items, no deliveries to the premises shall take place between 23.00 and 07.00 hours on the following day.
24. No deliveries from the premises, either by the licensee or a third party shall take place between 23.00 and 07.00 hours on the following day.
25. 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 drinks with them.
26. 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.
27. 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.
28. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
29. No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority. Where there have been minor changes to layout updated plans shall be provided to the Licensing Authority.
30. No licensable activities shall take place 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.
31. 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.
32. All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.
33. 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.
34. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. The telephone number is to be made available to residents and businesses in the vicinity.
35. The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
17 January 2024
Supporting documents:
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112 Westbourne Grove_Redacted, item 1.
PDF 10 MB - Restricted enclosure View the reasons why document 1./2 is restricted