Agenda item
Basement And Ground Floor, 49 Bedford Street, WC2E 9HA
|
Ward |
Site Name & Address |
Application |
Licensing Reference No. |
|
St James’s
* West End
** None
|
Basement And Ground Floor 49 Bedford Street WC2E 9HA |
New Premises Licence |
24/00974/LIPN
|
|
*Cumulative Impact Area |
|||
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Thursday 9 May 2024
Membership: Councillor Aziz Toki (Chair), Councillor Iman Less and Councillor Karen Scarborough
Officer Support Legal Advisor: Michael Feeney
Policy Officer: Daisy Gadd
Committee Officer: Jessica Barnett
Presenting Officer: Kevin Jackaman
Application for a New Premises Licence in respect of Basement and Ground Floor, 49 Bedford Street, London, WC2E 9HA
Full Decision
Premises
Basement and Ground Floor
49 Bedford Street
London
WC2E 9HA
Applicant
Ali Muhammad Habib Iqbal
Ward
St James’s
Cumulative Impact Area
West End
Special Consideration Zone
None
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). According to the application form, the Premises intends to trade as a restaurant/takeaway. The Applicant seeks the following:
1. To grant permission for Late Night Refreshment Monday to Saturday 23:00 to 02:00, Sunday N/A. From 23:30 Monday to Thursday and 00:00 Friday to Saturday the provision of late night refreshment will be for consumption off the premises by delivery via third party delivery drivers only.
2. To grant permission for the Opening Hours of the Premises Monday to Thursday 09:00 to 23:30, Friday to Saturday 09:00 to 00:00 and Sunday 09:00 to 22:30. From 23:30 Monday to Thursday and 00:00 Friday and Saturday the premises will be closed to the public and will be open for collection of deliveries via third party delivery drivers only.
There is a resident count of 79.
Representations Received
Metropolitan Police Service
Environmental Health Service
Licensing Authority
Three Local Residents
Issues raised by Objectors
MPS: A late night refreshment venue open for delivery until 02:00 will have an adverse effect on cumulative impact. The CIZ is experiencing higher levels of crime than at pre-covid levels and any increase or retention of people in the CIZ is of concern to police. There is insufficient mitigation to show that the application would not have an adverse impact on cumulative impact.
EHS: The hours sought are outside of the Council’s core hours and the congregation of people around the Premises may lead to noise and disturbance. The Application may have the likely effect of increasing public nuisance and having an adverse effect on public safety.
LA: The Licensing Authority has concerns regarding the application and encourages the Applicant to provide further submissions as to how it will be operated and controlled so as to have no adverse effect on the cumulative impact area.
Local Residents: The application is ill-defined and not sensitive to the community. The proposed hours are later than for other businesses. There is increasing ASB in the area, and the application would encourage people to hang around. The application is vague. A fast food premises increases the risk of public nuisance and will increase noise and disturbance. The CGCA stated that there would not be an objection to late night refreshment until the end of core hours.
Policy Considerations
Policies CIP1, HRS1 and RNT1 apply.
Submissions
1. The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application and explained that the Applicant was seeking a new premises licence.
2. Ms Nana Appiah of PIL Planning, the agent representing the Applicant, explained that following discussions with officers and residents, the Applicant had now withdrawn the request for third party operating hours outside of core hours.
3. The Sub-Committee asked about the capacity of the premises. Ms Appiah confirmed that the capacity at basement level is 36 and that the unit is a restaurant, not a take-away.
4. The Sub-Committee asked for confirmation that the Applicant was agreeable to core hours for third party deliveries and whether they have an in-house delivery service. Ms Appiah confirmed that they agree to core hours for third party delivery and that they do not provide an in-house delivery service.
5. The Sub-Committee asked what type of food would be served. Ms Appiah explained that the restaurant would be serving Indian food and the majority of customers would be sit-in.
6. The Sub-Committee asked whether the Applicant would add to cumulative impact. Ms Appiah explained that the previous use was a restaurant and the Applicant was not proposing to change this.
7. The Sub-Committee asked where delivery drivers would be asked to leave bikes when collecting deliveries. Ms Appiah stated that drivers would be able to bring their bikes inside to collect, and were happy to have this conditioned.
8. James Hayes from the Licensing Authority welcomed the Applicant withdrawing their request for third party operating hours outside of core hours and if the Applicant could demonstrate that they would not contribute to cumulative impact they would be agreeable to the Application being granted as the Applicant has engaged extensively with the responsible authorities. The Licensing Authority supported all the proposed conditions. Mr Hayes noted that the premises is in one of the quieter areas of the Cumulative Impact Zone. The Premises was small and if all the conditions were adhered to then it would be unlikely to add to cumulative impact.
9. Maxwell Koduah from Environmental Health noted that with the change in proposed hours, conditions 16-20 were now redundant and asked the Sub-Committee if they agree that these should be removed. Mr Michael Feeney, Legal Advisor, asked whether the conditions could be amended to reflect the proposed hours rather than removed. Mr Koduah stated that he would prefer that the restaurant condition follow the wording of MC66 rather than the wording proposed by the Applicant.
10. PC Dave Morgan from the Metropolitan Police noted that with the newly proposed core hours and agreed conditions they would be agreeable to the application being granted.
11. Mr Richard Brown, representing the CGCA and several residents, explained that with the reduction in proposed hours to core hours some previous concerns had now been mitigated. There was no objection to a well-run restaurant within core hours. Mr Brown sought reassurance as to the suitability of the extractor at the rear of the premises. Mr Brown noted that conditions 17-20 should remain with amended hours as they encourage non-polluting vehicles.
12. Mr Stevenson noted that the application lacked detail particularly around where delivery vehicles would be parked on the narrow, one-way street and therefore a lot of attention needed to be placed on the conditions regarding the extraction of smells and disruption to the pavement. Mr Stevenson also requested that a named person and procedure would be needed were there to be complaints.
13. The Sub-Committee asked whether the Applicant would be agreeable to a condition for the manager’s phone number being displayed on the premises. Ms Appiah agreed to this condition.
14. Mr Brown, in summing up, noted that they agreed to the wording of the restaurant condition as proposed by Environmental Health.
15. Ms Appiah, in summing up, agreed to a condition regarding peddle bike usage for deliveries. Ms Appiah explained that the applicant is new to the borough of Westminster and they wish to start off well and work with officers and residents going forward. Ms Appiah noted that the previous use had been as a restaurant. Ms Appiah raised concerns that a condition surrounding the extraction fan may be hard to comply with and that any potential future complaints would be picked up and enforced by the Planning and Environmental Health services.
16. There was discussion surrounding the condition requiring that no licensable activities take place until the old premises licence was surrendered and the difficulty the applicant may face in complying with this. Mr Hayes confirmed that the if there was no payment of fees then the old premises licence would be suspended and no longer in force. It might therefore be appropriate to amend the condition to ensure that the Applicant was not signing up to something that they could not comply with.
Conclusion and Reasons
1. The Committee has determined an application for a 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.
2. Overall the Committee considered that the Application as amended would promote the licensing objectives and would not add to cumulative impact. The Premises had previously operated as a restaurant, and the robust conditions agreed to by the Applicant would ensure the promotion of the licensing objectives, especially given that the Applicant was not seeking any sale of alcohol.
3. In reaching this conclusion, the Committee placed great weight on the fact that the objections of the Responsible Authorities had been answered by the Applicant’s willingness to reduce the Application to core hours and to agree conditions. Mr Brown representing the CGCA also confirmed that there was no objection to a well-run restaurant within core hours. The Committee therefore agreed with the Licensing Authority that a small premises of this type being run according to a robust set of conditions would not add to cumulative impact and would promote the licensing objectives.
4. Although EHS had questioned whether all of the conditions were necessary to be included following the reduction in hours, given the location of the Premises within the CIZ and given that the Applicant was willing to agree to all conditions, the Committee decided that it was appropriate and proportionate to impose all of the conditions the Applicant had agreed to, particularly in relation to delivery drivers. The Committee also agreed with the Licensing Authority that the condition in relation to the old premises licence should be amended so as to ensure that the Applicant was not signing up to something that he could not comply with.
5. The Committee noted the concerns expressed by local residents about the operation and suitability of the extraction system. The Committee considered that this concern was addressed by the condition specifying that ‘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.’ If there are any complaints about odours from the Premises then the Committee would expect EHS to investigate the suitability of the extraction system in order to ensure compliance with this condition.
6. In addition, the Committee agreed with EHS that condition 1 should mirror the wording of MC66 in order to ensure that the Premises operates as a restaurant.
7. Finally, the Committee included an informative regarding the behaviour of delivery drivers before 23:00 in order to encourage the Premises to operate in a respectful manner that would reduce the impact on local residents as much as possible.
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 Late Night Refreshment Monday to Thursday 23:00 to 23:30, Friday to Saturday 23:00 to 00:00, Sunday N/A. Sunday immediately before a Bank Holiday 23:00 to 00:00.
2. To grant permission for the Opening Hours of the Premises Monday to Thursday 09:00 to 23:30, Friday to Saturday 09:00 to 00:00, Sunday 09:00 to 22:30. Sunday immediately before a Bank Holiday 09:00 to 00:00.
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 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) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iii) which do not provide any takeaway service of food or drink for immediate consumption off the premises.
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.
6. 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. All windows and external doors shall be kept closed after 21:00 hours, except for the immediate access and egress of persons.
8. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
9. 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.
10.All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
11.No deliveries to the premises shall take place between 23:00 and 08:00 hours on the following day.
12. 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.
13. 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.
14. 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.
15. 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.
16. All emergency doors shall be available at all material times without the use of a key, code, card or similar means.
17. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
18. No licensable activities shall take place at the premises until premises licence 19/00356/LIPN is no longer in force or has been surrendered and is incapable of resurrection.
19. The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 30 persons.
20. Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the premises; not leave engines running when the vehicles are parked; and not to obstruct the highway.
21. After 23:00, the licence holder shall ensure that delivery drivers/riders exclusively use pedal bikes, electric bikes or other electric vehicles only for delivery.
22. The premises licence holder shall ensure that riders will not be permitted to congregate in the immediate vicinity of the premises.
23. After 23:00, delivery drivers shall always wait inside the premises while waiting to pick up orders.
24.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.
25. 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.
26. Except for external delivery orders collected by third party delivery firms, there shall be no sales of hot food or hot drink for consumption off the premises after 23:00.
27. 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.
28. Delivery drivers shall be given clear, written instructions to use their vehicles in a responsible manner so as not to cause a nuisance to any residents or generally outside the licensed premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.
29. 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 visit by a relevant authority or emergency service
30. The following informative shall also be included on the Premises Licence.
31. Although the conditions ‘the licence holder shall ensure that delivery drivers/riders exclusively use pedal bikes, electric bikes or other electric vehicles only for delivery’ and ‘delivery drivers shall always wait inside the premises while waiting to pick up orders’ apply only after 23:00, the licence holder is encouraged to follow these conditions before 23:00 as well.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
9 May 2024
Supporting documents:
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49 Bedford Street - Website_Redacted, item 1.
PDF 9 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted