Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   * None   ** None	Carbone American Embassy, 24-31 Grosvenor Square, W1K 6AH	New Premises Licence	24/02275/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)

 

Thursday 11 July 2024

 

 

Membership:           Councillor Robert Eagleton (Chair), Md Shamsed Chowdhury and Councillor Louise Hyams

 

Officer Support:       Legal Adviser:                    Steve Burnett

                                Committee Officer:             Sarah Craddock

                                Policy Officer:                     Daisy Gadd

                                 Presenting Officer:             Kevin Jackaman

 

Other Parties:          Luke Elford              (John Gaunt Solicitors on behalf of the Applicant)

                                Jon Varthalis            (Director of Gardiner & Theobald)

                                Luis Sarabando       (In attendance Virtually)

 

                                Sally Fabbricatore    (Environmental Health Services – EHS)

 

Application for a New Premises Licence in respect of Carbone, American Embassy, 24 - 31 Grosvenor Square, London W1K 6AH -  24/02275 /LIPN

 

Premises

 

Carbone,

American Embassy,

24 - 31 Grosvenor Square,

London

W1K 6AH

 

Applicant

 

30 Grosvenor Restaurant Limited

 

Ward

 

West End

 

Cumulative Impact

 

N/A

 

Special Consideration Zone

 

N/A

 

There is a resident count of 19

 

Application

 

This is an application for a new premises licence under the Licensing Act 2003 (“The Act”).  This is a new premises licence application and therefore no premises licence history exists.

 

The premises proposes to operate as a Restaurant.

 

The applicant has proposed twenty-three conditions and agreed three conditions with Environmental Health to form part of the operating schedule.

 

The applicant has also submitted a updated schedule of conditions, presentation, letter to objector and a wider location plan. These can be found in Appendix 2.

 

The Application is to Permit:

 

Sale by Retail of Alcohol (on)

 

Monday to Sunday 09:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

Late Night Refreshments (Indoors)

 

Monday - Sunday 23:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

Hours Premises Are Open to the Public

 

Monday to Sunday 06:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

Representations Received

 

·       Sally Fabbricatore – Environmental Health Services (EHS)

 

·       1 Objection from Interested Parties

 

 

Issues raised by Objectors.

 

The Environmental Health Services states that the premises would have the likely effect of causing an increase in public nuisance in the area and may impact of public safety.

 

The resident states:

 

1)    Concerns about the access to the building and additional traffic.

2)    Concerns about delivery noise

3)    Concerns about taxi access.

 

Policy Considerations

 

HRS1 states:

 

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.

 

The Core Hours for restaurants are:

 

Monday to Thursday: 9am to 11.30pm.

Friday and Saturday: 9am to 12am.

Sunday: 9am to 10.30pm.

 

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

 

RNT1 states: 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.

 

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 AND REASONS

 

1. The Presenting Officer, Kevin Jackaman, Senior Licensing Officer, introduced the application.

 

2. Mr Elford on behalf of the Applicant confirmed that there would be no deliveries of food and deliveries to the Premises will be to an internal system.

 

3. Although there is a 146 bedroomed hotel next to the Premises, the Premises will be a separate restaurant, with its own entrance and exit, an external area and internal area with a capacity of no more than 300, as will be assessed by the EHO. This is detailed as a proposed condition. The nearest residents who could be disturbed by the operation of the Premises are therefore hotel residents. The PLH will be careful not to do cause a nuisance to residents.

 

4. The Committee was further advised that the Premises is located outside the CIZ and SCZ areas and the Premises will not adversely affect the Licensing Objectives.

 

5. Mr Elford stated that the external area will be supervised by staff at all times.

 

6. The EHO confirmed she was there purely to assist the Committee and the EHS were content with the application. Conditions have been agreed.

 

 

DECISION

 

7.     The Committee heard an application for a new Premises Licence and noted the Premises is not located in a CIZ or SCZ area. There is no presumption to refuse this application which is slightly outside Westminster’s core hours.

 

8.     There will be no food or drink deliveries. There is an external dining area and the capacity of the Premises, excluding the terrace is no more than 300. It is expected the terrace will accommodate approximately 75 covers.

 

9.     It is noted that the Applicant tried to liaise with the outstanding objector but had no response.

 

10.The EHS states that they are content with the application and that the operation will not impact on the Licensing Objectives.

 

11.Conditions have been negotiated and agreed for this ‘stand-alone’ operation, which has the benefit of its ownexit/ entrance. 

 

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: -

 

1. To GRANT permission:

 

To Permit:

 

Sale by Retail of Alcohol (on)

 

Monday to Sunday 09:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

Late Night Refreshments (Indoors)

 

Monday - Sunday 23:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

Hours Premises Are Open to the Public

 

Monday to Sunday 06:00 to 00:00

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Years’ Day

 

2. Relevant Mandatory Conditions to apply.

 

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

 

Conditions consistent with the operating schedule

 

9. With the exception of the areas shown hatched on the Licensing Plan 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.

 

10. With exception of service directly across a bar counter the supply of alcohol shall be by waiter or waitress service only.

 

11. 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.

 

12. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

 

13. 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 shall 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 shall 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.

 

14. 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.

 

15. 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 shall 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

 

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

 

17. 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.

 

18. 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.

 

19. 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. 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.

 

21. All windows and external doors at the Premises shall be kept closed after 22:00 except for the immediate access and egress of persons.

 

22. Use of the external seating area shall cease at 23:00 daily.

 

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

 

24. 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.

 

25. 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.

 

26. 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.

 

27. The premises licence holder shall ensure that any patrons 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.

 

28. 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.

 

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.

 

30. Before the premises opens to the public the plans as deposited shall be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises as constructed. Where the premises layout has changed during the course of construction, new plans shall be deposited with the licensing authority and this condition removed from the licence.

 

31. No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. (this capacity shall be no more than 300 persons (excluding staff) inside the premises).

 

32. Unless the existing internal dedicated building refuse system is used, no collections of waste or recycling materials (including bottles) from the premises shall take place or be moved, removed from or placed in outside areas between 23.00 and 08.00 hours on the following day.

 

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

 

34. Unless the existing dedicated building delivery system is used, no deliveries to the premises shall take place or be moved/removed from or placed in outside areas

between 23.00 and 08.00 hours on the following day.

 

This is the Full Decision reached by the Licensing Sub-Committee

 

Licensing Sub-Committee

11 July 2024