Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Cozy Noodle 145 Cleveland Street W1T 6QH	New Premises Licence	23/07105/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

(“The Committee”)

 

Thursday 18 January 2024

 

Membership:           Councillor Angela Piddock (Chair)

Councillor Louise Hyams

Councillor Md Shamsed Chowdhury

 

Officer Support        Legal Advisor:         Steve Burnett

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Others present:       Maxwell Koduah – Environmental Health Services (EHS)

Mr Christopher Montanez (Agent for the Applicant)  

 

Application for a New Premises Licence in respect of Cozy Noodle, 145 Cleveland Street, London W1T 6QH - 23/07105/LIPN.

 

 

FULL DECISION

 

Premises

 

Cozy Noodle

145 Cleveland Street

London

W1T 6QH

 

Applicant

 

Tian Ying Ltd

 

Ward

 

West End

 

Cumulative Impact

 

None

 

Special Consideration Zone

 

None

 

There is a resident count of 229.

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  The premises operates as a Chinese noodle restaurant.

 

There has been a premises licence for the Premises since at least 2005. The most recent Premises Licence (reference 19/02724/LIPT) lapsed on 11 February 2020. A copy of this lapsed Licence can be seen at Appendix 3 of the Committee bundle.

 

This application seeks the following:

 

To Permit:

 

Late Night Refreshments (Both)

 

Mondays to Friday 23:00 to 00:30

Sunday 23:00 to 00:00

 

Sale of Alcohol (on sales)

 

Monday to Sunday 10:00 to 23:00

 

Hours Premises Are Open to the Public

 

Mondays to Sunday 10:00 to 23:00

 

 

Representations Received

 

• Maxwell Koduah – Environmental Health Services (EHS)

 

• Resident x 2.

 

Issues raised by Objectors.

 

The EHS states 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 and 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.

 

The residents state that the times proposed for closing are not in keeping with the other restaurants and bars on the street. The effect of taxis, smoking outside, saying goodbye after a late night and the music that spills out will inevitably cause distress to the residents.

 

This is a residential area with a narrow road where the noise bounces around. It would be completely wrong for a late alcohol license to be permitted.

 

Policy Considerations

 

Policy HRS 1 state:

 

B. Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies,

 

C. For the purpose of Clauses A and B above, the Core Hours for Restaurants:

 

Monday to Thursday: 9 am to 11.30pm.

Friday and Saturday: 9 am to 12am.

Sunday: 9am to 10.30pm.

Sundays immediately prior to a bank holiday: 9 am to 12am. 

 

Policy RNT1 state:

 

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 of a restaurant.

 

Policy DEL1 states:

 

A. Applications for premises that intend to sell alcohol and/or late-night refreshment for delivery to customers at a residential or workplace address, which is ancillary to the main use of the premises, will generally be granted subject to not being contrary to other policies within this Statement of Licensing Policy and that it meets the Policy criteria.

 

 

SUBMISSIONS AND REASONS

 

1. The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the parties and the application to the Committee. 

 

2. Mr Montanez on behalf of the Applicant confirmed that the latest set of conditions and details for licensable activities, submitted to the Committee have been agreed with the EHS and residents.

 

3. The Mr Koduah confirmed his agreement to the conditions and licensable activities on behalf of the EHS and that his representations have been withdrawn.

 

4. Mr Jackaman confirmed that all the residential objectors have withdrawn their objections based on the agreed conditions and licensable activities.

 

5. In light of this, there were no outstanding objections to the application.

 

 

DECISION

 

Having carefully considered the Act, the Guidance issued under sec 182 of the Act, Westminster’s Statement of Licensing Policy, Committee papers, the additional papers and the submissions made by all of the parties orally, the 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:

 

To Permit:

 

Late Night Refreshments (Both)

 

Mondays to Friday 23:00 to 00:30

Sunday 23:00 to 00:00

 

Sale of Alcohol (on sales)

 

Monday to Sunday 10:00 to 23:00

 

Hours Premises Are Open to the Public

 

Mondays to Sunday 10:00 to 23:00

 

2. Relevant Mandatory Conditions to apply.

 

3. To add conditions proposed to form part of the operating schedule:

 

Agree proportionate and appropriate conditions consistent with the operating schedule.

 

1. In the event that crime or serious disorder is, or appears to have been, committed on the premises, the management shall immediately ensure that:

a) The police and, where appropriate, the London Ambulance Service, are called immediately;

b) As far as is safe and reasonably practicable, all measures shall be taken to apprehend any identified suspects pending the arrival of the police;

c) As far as is safe and reasonably practicable, all measures shall be taken to preserve any identified crime scene pending the arrival of the police;

d) Any and all appropriate measures are taken to fully protect the safety of all persons present on the premises at all times during operating hours.

2. An incident log shall be kept at the premises, and made available on request to the police or an authorised officer, which shall record:

a) Any and all allegations of crime or disorder reported at the venue

b) Any and all complaints related to licensable activities received by any party

c) Any faults in the CCTV system

d) Any visit by a relevant authority or emergency service

e) Any and all ejections of patrons

f) Any refusal of the sale of alcohol.

3. CCTV shall be installed, operated, and maintained, to function all times that the premises is open for licensable activities. Said CCTV shall comply with the following criteria:

a) The licensee shall ensure that the system is checked every two weeks to ensure that the system is working properly and that the date and time are correct.

b) A record of these checks, showing the date and name of the person checking, shall be kept and made available to the police or other authorised officer on request;

c) The Police shall be informed if the system shall not be operating for longer than one day of business for any reason;

d) One camera shall show a close-up of the entrance to the premises, to capture a clear, full-length image of anyone entering;

e) The system shall provide full coverage of the interior of the premises and any exterior part of the premises accessible to the public;

f) The system shall record in real time and recordings shall be date and time stamped;

g) At all times during operating hours, there shall be at least one member of staff on the premises who can operate the system sufficiently to allow Police or authorised Council officers to view footage on request.

h) Recordings shall be kept for a minimum of 31 days and downloaded footage shall be provided free of charge to the police or other authorised officers on request (subject to the Data Protection Act 2018) within 24 hours of any request.

i) Signage stating that CCTV is in operation shall be clearly and prominently displayed at the premises.

4. A notice shall be placed in prominent position within the venue requesting that patrons leave quietly and have respect for local residents.

5. 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

6. 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

7. 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.

8. 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.

9. All windows and external doors shall be kept closed after 21:00 hours except for the immediate access and egress of persons

10. The premises shall only operate as a restaurant,

(i) in which customers are shown to their table or the customer shall 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) 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.

For the purpose 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.

11. All food sold after 23:00 shall be through delivery services only

12. Premises shall be closed to the public from 23:00 and no members of the public shall be permitted to enter the premises to order or collect food. Only delivery personnel may enter to collect an order.

13. All tables and chairs shall be removed from the outside area by 23.00 hours each day

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

15. 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

16. No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day

17. 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

18. 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

19. 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

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

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 number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 30 persons.

 

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

 

The Licensing Sub-Committee

18 January 2023