Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Homeslice Basement And Ground Floor 52 Wells Street W1T 3PR	Variation to the Premises Licence	24/00950/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 13 June 2024

          

Membership:   Councillor Aziz Toki (Chair), Councillor Maggie Carman and Councillor Karen Scarborough

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Committee Officer:             Katherine Stagg

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:          Mr Baba Ayo-Ojo, (Applicant,)

PC Adam Deweltz (Metropolitan Police Service - MPS),

Mr Anil Drayan (Environmental Health - EH),

 

Ms T E, Mr V C and Mr G H. (Residents)

 

Application for a Variation of Premises Licence in respect of

Basement And Ground Floor, 52 Wells Street, London W1T 3PR 24/00950/LIPV

 

Premises:

 

Basement And Ground Floor

52 Wells Street

London

W1T 3PR

 

Premise Licence Holder (“PLH”):

 

Mr Baba Ayo-Ojo

 

Ward:

 

West End

 

Cumulative Impact Area

 

N/A

 

Special Consideration Zone

 

N/A

 

SUMMARY OF APPLICATION

 

This is an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Basement And Ground Floor, 52 Wells Street, London W1T 3PR (“The Premises”).

The Premises currently operates as a restaurant. The PLH is Mr Baba Ayo-Ojo. The Premises Licence Holder (PLH) seeks to vary the Premises Licence as follows:-

To extend the terminal hours for Late Night Refreshment (indoors) and the sale of alcohol (on and off) on Mondays to Saturdays to 01.30

The terminal hour for late night refreshment on New Years’ Eve to be extended to 05: 00 on New Years’ Day.

The opening hours on a Monday to Saturday from 00.30 to 02.00.

The Premises are located within the West End Ward but does not fall within the West End Cumulative Impact Zone or Special Consideration Zone. There is no policy presumption to refuse this application.

There is a resident count of 277.

Representations Received

 

• Environmental Health Service
• Metropolitan Police Services
• The Fitzrovia Neighbourhood Association.
• 48 local residents

 

EHS states:

 

The increase in hours proposed for the Sale of Alcohol may have the effect of increasing Public Nuisance in the area.

 

The increase in hours proposed for the Provision of Late-Night Refreshment may have the effect of increasing Public Nuisance in the area.

 

MPS states:

 

The proposed licensable activities are likely to undermine the Prevention of Crime and Disorder.

 

The Police have concerns that a premises, which provides alcohol and Late-Night Refreshment until 01:30am Monday through to Saturday, could adversely impact the area. Furthermore, these hours are outside of Westminster’s core hours Policy.

 

Interested Parties in summary, states:

 

·       Activities outside the Premises will cause a nuisance.

·       Will cause noise into the later hours. The Premises Licence is already in excess of core hours.

·       Area is a very quiet residential area.

·       No control of customer noise once they leave the Premises.

 

 

 

Policy Considerations

 

Policies HRS1 paragraphs B and C and RNT1 paras A and C apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

SUBMISSIONS AND REASONS

 

1.     Mr Kevin Jackaman, Licensing Officer, outlined the application to the Committee. He advised that representations had been received from the Metropolitan Police Service (MPS), Environmental Health Service (EHS), and 49 interested parties.

 

2.     The Premises is located within the West End Ward but not in the West End Cumulative Impact Area or Special Consideration Zone. He confirmed that the additional submissions from the Applicant and the Interested Parties had been circulated.

 

3.     Mr Baba Ayo-Ojo, the Applicant, outlined the application to the Committee. He advised that he had recently taken over the premise and had worked in events for over 25 years with his first licensed premise in Birmingham in 2015. He currently had 4 licensed premises including a late night restaurant in Dulwich which is open until 02:00Hrs. He advised that the current licence for the Premises has limited conditions, including no conditions on CCTV and SIA door staff which he could use to operate as a nightclub. He applied for this variation to increase conditions and protections for his customers and residents while requesting a later closing time.

 

4.     Mr Ayo-Ojo advised that he was happy with the conditions the Licensing Authority had requested on the licence and that this variation would be more beneficial for the surrounding area and residents as currently he could operate as a nightclub under the current licence which he did not want to do. He wishes to operate a restaurant.

 

5.     In response to questions, Mr Ayo-Ojo advised that he was happy for model condition MC66 to be on the licence as the premise would be a Mediterranean restaurant named OMI. It will have a capacity of 120 and there will be no deliveries. Mr Ayo-Ojo advised that he is a personal licence holder and that there is a designated smoking area at the front of the premise. The Committee was advised that he is yet to engage with the local community. To mitigate the impact on residents he had a dispersal plan which included keeping patrons inside until their transport arrives. Mr Ayo-Ojo advised that he accepts a condition to not allow queueing outside the Premises.

 

6.     Mr Anil Drayan, representing Environmental Health Service (EHS), advised that they were satisfied the Applicant had agreed to MC66 on the licence and the EHS would like Condition 10 on the current Premises Licence to be removed. Mr Drayan advised that if the Committee were minded to grant the application, EHS would like the additional conditions detailed in Mr Drayan memo dated 11 June 2024. Mr Drayan advised that the Committee needed to take into account that it was a residential area and the history of the premise. He advised that it had previously been a pizza restaurant and a wine bar in 2013-2014 which caused numerous complaints. Mr Drayan advised that the Premise could already operate beyond core hours and EHS would like for the Applicant to operate at the current hours for a period of time before applying for extended hours.

 

7.     PC Adam Deweltz, representing Metropolitan Police Service, advised the Committee that their representations were maintained due to the possibility of crime and disorder. He welcomed that the Applicant had agreed to MC66 but the extension of hours and time for consumption of alcohol could have an adverse effect on the area with an increased probability of anti-social behaviour. He advised that Well Street was not an area of high crime but was 5 minutes away from Oxford Street and Piccadilly Circus which was a crime hotspot. He advised that EHS and the MPS conditions mirror one another, and they would like the Applicant to agree to them.

 

8.     Mr GH advised the Committee that the residents had had no engagement with the Applicant and the residential block opposite the restaurant is filled with key workers and vulnerable residents whose bedrooms all face towards the premise.

 

9.     He advised that in the summer they have to have their windows open for ventilation. Mr GH advised that he noted that the Applicant could not organise a site visit for the EHS. Mr GH advised that a restaurant open until 02:00 hrs would cause conflict with the surrounding neighbours as patrons leaving could consume their part consumed alcohol on the steps outside the Premises and there are no trees to absorb the sounds, so conversations are amplified. Mr GH advised that there had been recent vandalising of cars on the street and public urination. He also advised that that it is a one-way street and people leaving will cause slow traffic, pollution and noise nuisance. This will impact on the enjoyment of their lives and will increase the workload of the EHS noise team.

 

10.In response to questions from the Committee Mr Ayo-Ojo advised that he was still renovating and had no chef or menu set. It is the chef who would dictate the menu and there was little point in employing a chef without a suitable Premises Licence. He advised that the extension of hours would allow more diners and not an extension of drinking time as each reservation had a two-hour time slot.

 

11.Ms TE echoed Mr GH comments that the residents had not been consulted about the application. She advised that the application is out of line with other premises operating times in the area and they have more conditions on their licence. She advised that there is no sound proofing at the property and with the narrow streets, sound reverberates. She also stated that there was no dispersal policy which would mitigate the noise impact on residents. She advised that the smoking area is directly below some residents’ properties. She advised that the nearest licensed property, the Kings Arms Pub, did not allow anyone outside their premise after 22:00Hrs and the street where it was located was far less residential than Wells Street. Ms TE advised that the previous tenants Homeslice did not have table and chairs outside which the Applicant disputed. Mr Drayan advised that it was a private forecourt with a capacity of 15 and one of his conditions renders these unusable after 23:00 hrs.

 

12.Mr VC advised the Committee that he had lived in the property next door to the Premise since 1985 and while he is supportive of local businesses the increase in hours requested would have a serious impact on his work. He advised that the street was a quiet residential area and if there was any noise after 23:00 hrs EHS Nosie Team gets contacted. He advised that when people leave the premises they loiter and talk which was only a few meters away from his bedroom. He advised that there is an alley on the other side of his property where people urinate, and this would be exacerbated by the application. Mr VC advised that group bookings leaving the premise at 02:00 hrs would not be sustainable as the Noise Team would get complaints from residents every night.

 

13.In summing up Mr Drayan (EHS) advised that under the current licence, when operating as a wine bar, there were a lot of complaints to the Noise Team. This continued when Homeslice operated under Condition 10 but resolved when they closed at 23:00Hrs. He advised that if the Applicant operated as a restaurant, they had a better chance of not causing a nuisance to the existing hours. He advised that EHS would like the Applicant to demonstrate that they can operate without complaint to the current hours before being granted later hours. Mr Drayan advised that he would like the Applicant to operate solely under MC66 with Condition 10 removed.

 

14.In summing up PC Adam Deweltz (MPS) advised that he hoped the lack of engagement with residents was not indicative of how the premise would operate as co-operation is needed. He advised that the Applicant had never operated a premise in Westminster before and the MPS needs to understand how they will respond if incidents occur.

 

15.Mr GH in summing up advised that a late-night licence on the street would impact negatively on residents including key workers and the elderly.

 

16.Ms TE in summing up advised that even core hours would have a detrimental impact on their lives and reminded the Committee that this application’s hours differ from current operators in the area.

 

17.Mr VC in summing up advised that he considered 00:30 Hrs excessively late to operate a restaurant let alone 02:00Hrs. The hours would have a real impact on residents’ performance due to sleep disturbance and this type of premise does not work for the area.

 

18.In summing up Mr Ayo-Ojo advised that he understands the concerns of the residents. His intent for varying the licence and putting new conditions on the licence, was to mitigate and find a balance between creating a successful business and the residents’ concerns. He advised that it would be a sit-down restaurant and MC66 reiterates this.

 

19.The Applicant reviewed and accepted the EHS and MPS conditions. He then agreed to compromise and reduce his hours of trade, reiterating that currently there are no restrictions to prevent the Premises operating as a high energy nightclub.

 

20.Mr Ayo-Ojo and the interested parties continued discussed their concerns and Steve Burnett the Legal Officer, went through the proposed conditions with all parties. Mr Ayo-Ojo confirmed that he would be happy to remove Condition 10 on the licence, agreed to additional conditions and after discussions agreed to vary the hours requested.

 

21.The Applicant proposed the terminal hours for LNR, and opening times would be 00:00 Sun to Thurs and a reduction of the application for closing on Fridays and Saturdays to 01:30, with licensable activities ceasing at 01:00. This would include the agreed conditions, deletion of condition 10 and the addition of conditions which would restrict new customers to before 00:00, no smokers outside the Premises after 00:00 and the number of smokers to be restricted to 6, that the outside area and queuing will be managed, that a dispersal policy will be submitted and available to the relevant authorities and the model ‘work’ condition.

 

DECISION:

 

22.The Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application.

 

23.It was noted by the Committee that the Licensing Authority had not made representations against the application and that the Applicant had agreed to conditions requested by Environmental Health and the Metropolitan Police Service.

 

24.The Committee noted paragraph RNT1 and all other relevant parts of the SLP.

 

25.The Committee was persuaded that the application met the policy requirements under the SLP. The Committee imposed conditions and considered them to be appropriate and proportionate considering all the submissions and concerns outlined by interested parties during the hearing.

 

26.The Committee recognised the concessions made by the Applicant, including the reduction of his current hours of trade on Mon – Thurs and conditions restricting the operation to a strict restaurant. The current Premises Licence allows the operation of a nightclub or wine bar and, as have been witnessed historically, this caused serious issues for the area and residents.

 

27.  It is noted that there is no mechanism under the Act to refuse the application to vary a premises licence for the extension of hours but add a restaurant condition without the Applicant’s agreement or by way of the statutory review process.

 

28. The Committee concluded that the conditions imposed would alleviate the residents’ concerns, and that they were appropriate and would promote the licencing objectives.

 

29.Having carefully considered the Licensing Act 2003, the Guidance issued under sec 182 of the Act, Westminster’s Statement of Licensing Policy, the committee papers, 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 to GRANT the Application granted subject to the following amendments and conditions, namely:

 

1.     To Permit:

 

Late Night Refreshment (Indoors)

 

Sundays to Thursdays 23:00 to 00.00

Fridays and Saturdays 23:00 to 01:00

 

The Terminal Hour for Late night refreshment on New Year’s Eve is extended to 05:00 on New Years Day.

 

Sale by Retail of Alcohol (Both)

 

Mondays to Thursdays 10:00 to 23:30

Fridays and Saturdays 10:00 to 01:00

Sundays 12:00 to 23:30

 

On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day.

 

Hours Premises Are Open to the Public

 

Mondays to Thursdays 10:00 to 00:00

Fridays and Saturdays 10:00 to 01:30

Sundays 12:00 to 00:00

 

2.     Existing relevant Mandatory Conditions to apply.

 

3.     Existing and additional conditions consistent with the operating schedule which are appropriate and proportionate and promotes the Licensing Objectives:

 

9. 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) 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) which do not provide any takeaway service of food or drink for immediate consumption off the premises,

(v) 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.

 

10. No striptease, no nudity and all persons on the premises to be decently attired.

 

11. There shall be no payment made by or on behalf of the licensees to any person for bringing customers to the premises.

 

12. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

 

(a) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(b) 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.

(c) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(d) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

13. 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.

 

14. The sale or supply and/or consumption of intoxicating liquor shall be confined to the areas coloured pink on the approved Premises Licence.

 

15. The agreed capacity of the premises is as follows (excluding staff):

 

Basement: 40

Ground: 65

External: 15

 

16. 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.

 

17. 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

(g) any visit by a relevant authority or emergency service.

 

18. There shall be no use of any external food delivery companies e.g. Deliveroo & Uber after 00:00 hours

 

19. 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.

 

20. 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.

 

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

 

21 Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

22. All outside tables and chairs shall be removed or rendered unusable after 23:00 hours.

 

23. A direct and active mobile number for the on-duty manager at the premises shall be available at all times the premises is open. This telephone number is to be made readily available to residents and businesses in the vicinity.

 

24. No deliveries to the premises shall take place between (23.00) and (08.00) on the following day.

 

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

 

26. 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 unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

27. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

28 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.

 

29 No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority. If there are minor changes during the course of construction new plans shall be submitted with the application to remove this condition.

 

Conditions Agreed at Hearing with the Applicant:

 

30.No new patrons shall be permitted entry onto the Premises after the following times.

 

a)    23:00 on Sundays to Thursdays

b)    00:00 on Fridays and Saturdays

 

31.Patrons shall not be permitted to smoke outside the Premises after the following times.

 

a)    23:00 on Sundays to Thursdays

b)    00:00 on Fridays and Saturdays

 

32.No more than 6 patrons shall be permitted to smoke outside the Premises at any one time.

 

33.A copy of the premises’ dispersal and management policy, to include management of patrons smoking, shall be agreed with the Environment Health Team, and this shall made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council on request.

 

Conditions imposed at the Hearing as appropriate and proportionate to promote the licensing objectives.

 

34.The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

35.The premises licence holder shall ensure that any queue to enter the premises is orderly, so as to ensure that there is no public nuisance or obstruction to the public highway.

 

INFORMATIVE.

 

The Committee strongly recommends that the Applicant has continual engagement with the numerous local residents who could be directly affected by the operation of the Premises.

 

 

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

 

The Licensing Sub-Committee

13 June 2024