Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Vincent Square   *  None   ** None	Townhouse 129 Victoria Street SW1E 6RD	New Premises Licence	23/07941/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3 

(“The Committee”) 

 

Thursday 8 February 2024 

 

Membership:             Councillor Robert Eagleton (Chair), Councillor Concia Albert and Councillor Louise Hyams  

 

Officer Support:         Legal Adviser:            Michael Feeney 

Policy Officer:             Kerry Simpkin 

Committee Officer:   Jonathan Deacon      

Presenting Officer:   Kevin Jackaman 

 

 

Others present:       Mr Thomas O’Maoileoin (Thomas and Thomas, representing the Applicant) and Mr Ed Hiley (Director, Applicant Company)

 

Application for a New Premises Licence in respect of Townhouse, 129 Victoria Street, London, SW1E 6RD

 

FULL DECISION 

 

 

 

Premises

 

Townhouse

129 Victoria Street

London SW1E 6RD

 

Applicant

 

Townhouse Group Ltd

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

None

 

Ward

 

Vincent Square

 

 

 

 

Summary of Application 

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003. The applicant proposes to operate the premises as a nail and beauty salon. 

 

Representations Received 

 

·        Environmental Health (withdrawn 4 December 2023 following agreed conditions)

·        One local resident

 

Summary of Issues Raised by Objectors 

 

Local Resident

·        The area already has many bars and an alcohol problem. The rear of the property is used to enter and leave, and granting the licence would increase the noise level and the risk of anti-social behaviour.

 

Submissions

 

1. The Presenting Officer, Kevin Jackaman, introduced the application.  He confirmed that following the withdrawal of Environmental Health’s representation, there was one remaining representation from a local resident and she was not in attendance at the hearing.

 

2. Mr Thomas O’Maoileoin, representing the Applicant, outlined the application.  He mentioned steps which the Applicant had taken to address the initial concerns of the local resident.  In addition to limiting on-sales of alcohol to 21:00 hours every night of the week with the premises closing by 21:30, these included proposing additional conditions which prohibited customers from ever using the rear door on Horwick Place, except in an emergency. Conditions prohibiting collections or deliveries or the moving of waste between 21:30 and 08:00 the following day had also been offered.

 

3. Mr O’Maoileoin stated that there were three Townhouse premises already licensed for alcohol within Westminster’s jurisdiction.  Two of these had recently been granted but one had been granted in 2018 in Great Portland Street and had operated without issues.

 

4. Mr O’Maoileoin confirmed that the nail and beauty salon in Victoria Street was already open without alcohol currently being sold. The maximum capacity as set out in a proposed condition was 25 people.

 

5. Mr O’Maoileoin referred to the nail and beauty salon business and the proposed conditions being in keeping with the Council’s Shops Policy, SHP1.  He quoted sections of F144 and F145 of the Statement of Licensing Policy that ‘The Licensing Authority is keen to support shops who wish to offer ancillary licensable activities to the main purpose of their shop’ and ‘Common examples of a premises that would be considered under this policy will include traditional off licences, speciality stores, supermarkets, department stores, general stores, boutique, outlets, delicatessens, butchers, grocers, hairdressers, massage parlours, or anything of a similar nature where the primary use is the purchase of goods by customers or to provide a service’.

 

6. In response to questions from the Sub-Committee, Mr Hiley advised that 96% of customers booked online before entering the premises for their treatments.  Those customers who did not book ahead of entering the premises were required to use a screen at the salon to secure an appointment and be included on the booking system.

 

7. The Sub-Committee noted that the Applicant had proposed that the sale of alcohol would only be limited to customers who were receiving or waiting to receive treatments and asked how long the waiting times and treatments were.  Mr Hiley clarified that the waiting times tended to be no more than five minutes and the treatments approximately forty five minutes.

 

8. In response to a question from the Sub-Committee, Mr O’Maoileoin stated that he would have no objection to the Council’s Model Condition 24 being attached to the licence that ‘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’.  Mr Hiley explained that the Applicant company has a customer care department.

 

9. The Applicant was asked to provide further information on the nature of the private pre-booked events that were referred to in the proposed conditions.  Mr Hiley replied that it was corporate entertainment which might involve firms or creative companies.  Those present would have a treatment as part of the event.  It was currently envisaged that there would be approximately one event per month but they were looking to grow this aspect as part of the business.

 

Reasons and Conclusion

 

10.The Sub-Committee decided to grant the application, subject to conditions.  Members considered that the application for the sale of alcohol on-sales at the nail and beauty salon was in keeping with the Council’s Shops Policy, SHP1, as the Premises was outside the West End Cumulative Impact Zone, the proposed hours were within Core Hours and the proposed conditions (agreed with Responsible Authorities) would promote the licensing objectives. In particular, the provision of alcohol would remain ancillary to the use of the Premises as a nail and beauty salon, the sale of alcohol would be limited to customers who were receiving or waiting to receive treatments and the Premises would close at 21:30. The Sub-Committee also considered that the conditions restricting the times for collections or deliveries of waste would reduce public nuisance and noise for local residents. In reaching its conclusions, the Sub-Committee placed great weight on the fact that the Applicant had satisfactorily addressed all concerns raised by Responsible Authorities.

 

11.The Sub-Committee noted that the Applicant had attempted to reach an agreement with the one outstanding objector and had proposed conditions (particularly in relation to the door on Horwick Place) to address the concerns raised.

 

12.Finally, the Sub-Committee considered it appropriate and proportionate to add Model Condition 24 so that local residents would be able to contact the Premises directly and ensure an open line of communication.

 

 

Having carefully considered the committee papers, the additional papers and the submissions made by all parties, both orally and in writing, the Committee therefore decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:   

 

Having carefully considered the committee papers, the additional 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 the Premises) Monday to Sunday 09:00 to 21:00.

 

2.     To grant permission for the Opening Hours of the Premises Monday to Sunday 07:00 to 21:30.          

 

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.

 

5.     The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a nail and beauty salon.

 

6.     The sale of alcohol shall be limited to customers who are receiving or waiting to receive treatments.

 

7.     All staff engaged or to be engaged in the sale of alcohol on the premises will be trained in age restricted sales to require evidence of age from any person seeking to buy alcohol and appearing to be under the age of 18.

 

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.     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 authorised officer of the Council as soon as practicable on request.

 

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 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.

 

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. 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 alcoholic beverages with them.

 

13. There shall be no sales of alcohol for consumption off the premises.

 

14. There shall be no self-service of alcohol.

 

15. 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.

 

16. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 21.30 hours and 08.00 hours on the following day.

 

17. No collections of waste or recycling materials (including bottles) from the premises shall take place between 21.30 hours and 08.00 hours on the following day.

 

18. No deliveries to the premises shall take place between 21.30 hours and 08.00 hours on the following day.

 

19. Save for private pre-booked events, the supply of alcohol shall be to persons seated only.

 

20. Save for emergencies, customers shall only enter or exit from the main door onto Victoria Street.

 

21. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 25 persons. 

 

22. 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.

 

 

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

 

The Licensing Sub-Committee

8 February 2024