Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Knightsbridge and Belgravia   * None   ** None	Knightsbridge Sky Garden 12 Knightsbridge Green SW1X 7QL	New Premises Licence	24/00394/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 14 March 2024

 

Membership:           Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Caroline Sargent

 

Officer Support        Legal Advisor:         Michael Feeney

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Jonathan Deacon

                                Presenting Officer: Jessica Donovan

 

Others present:       Mr Paul Harris (Counsel, representing the Applicant) and Mr Wan Lung Au Yeung (Director, Applicant Company).

 

Application for a New Premises in respect of Knightsbridge Sky Garden, 12 Knightsbridge Green, London, SW1X 7QL

 

Full Decision

 

Case Summary 

 

This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The premises intend to operate as a restaurant.

 

This premises previously benefited from a premises licence (15/05688/LIPVM) which was granted in May 2015. The Premises Licence lapsed in September 2018.  

  

There is a resident count of 100.

 

Representations were originally received from two local residents raising concerns about the licensing objectives of the prevention of crime and disorder, public safety and public nuisance due to noise being caused by the existing premises in Knightsbridge Green. 

 

Premises

 

Knightsbridge Sky Garden,

12 Knightsbridge Green,

London, SW1X 7QL

 

Applicant

 

Knightsbridge Sky Garden Ltd

 

Cumulative Impact Area

 

None

 

Special Consideration Zone

 

None

 

Ward

 

Knightsbridge & Belgravia

 

Policy Considerations

 

Policies HRS1 and RNT1 apply.

 

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: 

Restaurants 

Monday to Thursday: 9am to 11:30pm. 

Friday and Saturday: 9am to Midnight

Sunday: 9am to 10.30pm. 

 

4. 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 latenight 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 latenight 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

 

1. The Legal Advisor, Mr Feeney, advised the Applicant that the Sub-Committee had not accepted additional papers that the Applicant had sought to submit at the hearing.  The reason for this was that the two residents who had provided written representations were not present at the hearing and would not have had the opportunity to respond to the additional papers. 

 

2. The Presenting Officer, Ms Donovan, introduced the application.  She confirmed that additional papers had been accepted on behalf of the Applicant prior to the day of the hearing which had been circulated to all parties.

 

3. Mr Harris, representing the Applicant, commented that the papers submitted that morning did not impinge on the objections made by the residents.  It had related to Mr Au Yeung being a fit and proper person to manage the restaurant.  Mr Harris mentioned that he had experience as a restaurant manager since 2007.

 

4. Mr Harris outlined the application.  The application was for a restaurant in premises where a restaurant had been located for some time.  The previous premises licence had lapsed in 2018 but a restaurant had continued to operate at 12 Knightsbridge Green until recently without licensable activities having been sought.  The premises were currently unoccupied.

 

5. Mr Harris addressed the two residents’ objections and remarked that it was unfair that they were objecting to further premises operating in the area given that there had been a restaurant at 12 Knightsbridge Green for a long time.  It was intended that Knightsbridge Sky Garden would fit in with the character of the neighbourhood and not attract undesirable elements.  Alcohol would only be served ancillary to substantial meals and music played at the premises would be background in nature.  He added that another licensed restaurant being present was not a valid reason to refuse the application.

 

6. Mr Harris disputed that the residents would be disturbed by the operation of the premises on the basis that they lived behind the premises and the bar on the ground floor was closer to the front entrance.  There was an Italian restaurant which was immediately above Knightsbridge Sky Garden and Mr Harris expressed the view that the impact from the part ground floor part basement new restaurant which was further away from the residents was likely to be minimal.  Mr Harris referred to the conditions that the Applicant had agreed, including that ‘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’

 

7. The Sub-Committee asked the Applicant about the smoking area, which had been raised as a concern in an objector’s written representation.  Mr Au Yeung replied that the smoking area would be at the front of the premises in the vicinity of the entrance and would be a shared area with the Italian restaurant.

 

8. Mr Au Yeung, in response to questions from the Sub-Committee, also explained that the capacity of the ground floor and basement was 30 customers on both floors or 60 in total.  There was a bar on both floors with limited seating (two seats) available for waiting prior to a meal on the ground floor and no seats at the bar in the basement.  There were two rooms available for restaurant and private hire but it was only possible for one to be used at any one time and the capacity was 10 people for each private hire room.  Events would not be held there.  There would be no tables and chairs available for use outside the Premises.  The only outside use would be by smokers.  Customers would be able to book online for the restaurant but there would also be some walk-ins.  Mr Au Yeung added that there would not be any queues with numbers being strictly controlled.  Last orders would be at 22:45 hours.

 

9. Mr Harris brought to the Sub-Committee’s attention that the Applicant had applied for recorded music between the hours of Monday to Saturday 12:00 to 23:30 and Sunday 12:00 to 23:00.  It was noted that the application form had included this licensable activity but it had not been included in the report.  Mr Harris confirmed that his client was content to agree the Council’s noise limiter Model Condition 11, including that the ‘limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses’. 

 

10. It was also confirmed by Mr Harris that his client was content to agree the Council’s dispersal policy Model Condition 99 that ‘A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council’.

 

11. The Sub-Committee asked the Applicant whether the proposed Condition 9 was required that ‘The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening or both, for the accommodation of persons frequenting the premises’ when there was also a proposed Condition 21 that ‘The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal’.

 

12. Mr Harris, in his summing up, re-iterated that Mr Au Yeung had relevant experience as a restaurant manager since 2007.

 

Reasons and Conclusion 

 

13.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. 

 

14. The Sub-Committee decided to grant the application. In reaching this decision, the Sub-Committee placed great weight on the fact that no responsible authorities had objected to the application and the fact that the model condition imposed would ensure that the premises operated as a restaurant. The Sub-Committee considered that the application would promote the licensing objectives and was in accordance with policies HRS1 and RNT1.

 

15. The Sub-Committee had due regard to the objections submitted and was aware that there was noise nuisance in the area around Knightsbridge Garden. However, the Sub-Committee considered that the conditions proposed and agreed by the applicant would address these concerns. In particular, the noise limiter condition would ensure that music did not cause a nuisance and the dispersal policy condition would ensure that dispersal of customers did not create additional noise nuisance. Finally, a condition prohibiting the use of tables and chairs would prevent noise from customers outside the Premises disturbing residents.

 

16. 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:

 

 

1.     To grant permission for Late Night Refreshment Monday to Saturday 23:00 to 23:30, Sunday N/A

 

2.     To grant permission for Sale by Retail of Alcohol (On Sales) Monday to Saturday 12:00 to 23:30, Sunday 12:00 to 23:00

 

3.     To grant permission for Recorded Music Monday to Saturday 12:00 to 23:30, Sunday 12:00 to 23:00

 

4.     To grant permission for the Opening Hours of the Premises Monday to Saturday 12:00 to 23:30, Sunday 12:00 to 23:00

 

5.     That the Licence is subject to any relevant mandatory conditions.

 

6.     That the Licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

7.     Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as an ancillary to meals served in the licensed premises.

 

8.     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.

 

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, searching equipment or scanning equipment

                     (g) any refusal of the sale of alcohol

                     (h) any visit by a relevant authority or emergency service

 

10. 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.

 

11. Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

12. 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.

 

13. No collections of waste or recycling materials (including bottles_ from the premises shall take place between 22:00 hours and 08:00 hours on the following day.

 

14. No deliveries to the premises shall take place between 22:00 and 08:00 hours the following day.

 

15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

16. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall be limited to 5 persons at any one time.

 

17. 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.

 

18. The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

For the purpose of this condition a ‘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.

 

19. There shall be no sale of hot food or hot drink for consumption off the premises after 23.00 hours.

 

20. 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.

 

21. A noise limiter must be fitted to the musical amplification system and maintained in accordance with the following criteria:

 

(a)  The limiter must be set at a level determined by and to the satisfaction of an authorised Environmental Health Officer, so as to ensure that no noise nuisance is caused to local residents or businesses,

(b)  The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of the authorised Environmental Health Officer and access shall only be by persons authorised by the Premises Licence holder,

(c)   The limiter shall not be altered without prior written agreement from the Environmental Health Consultation Team,

(d)  No alteration or modification to any existing sound system(s) should be effected without prior knowledge of the Environmental Health Consultation Team, and

(e)  No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

22. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

23. There shall be no tables and chairs available for use outside the Premises.

 

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

 

The Licensing Sub-Committee 

14 March 2024