Agenda item

 

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Hyde Park   * None   ** None	Boxcar, 30-31 Kendal Street W2 2AW	Premises Licence Variation	24/02544/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Thursday 25 July 2024

 

Membership:           Councillor Maggie Carman (Chair) Councillor Hamza Taouzzale and Councillor Caroline Sargent

 

Officer Support:       Legal Advisor:                    Horatio Chance

                                Policy Officer:                     Daisy Gadd

                                Committee Officer:             Sarah Craddock

                                 Presenting Officer:             Sandra Robbie

 

Other Parties:          Ms Sarah Taylor (Agent, Keystone Law, Solicitor) and Mr Ankur Wishart (Director, Applicant Company).

 

Mr Maxwell Koduah (Environmental Health - EH)

 

Mr Richard Brown, Westminster Citizens Advice Bureau Service, representing SEBRA and HPEA

Mr J.Z (SEBRA) and Ms S.B (HPEA)

 

Application for a Variation of Premises Licence in respect of Boxcar 30-31 Kendal Street London W2 2AW 24/02544/LIPV

 

Full Decision

 

 

Summary of the Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) in respect of Boxcar 30-31 Kendal Street London W2 2AW(“The Premises”). The Premises previously operated as a café but since the transfer of the Premises Licence Holder (PLH) the PLH proposes to operate as a baker and delicatessen in the Hyde Park Ward. The Premises Licence Holder (“PLH”) is Boxcar Kendal St Ltd.  The Designated Premises Supervisor is Blagovest Radkov Grozdanov.

 

The PLH seeks to vary the licence as follows:-

 

(1)      To vary the layout of the premises in accordance with the submitted plans to include:

 

·       Adding existing outside demise to the Licensing Plan

·       Reconfiguring toilets

·       Reconfiguring servery counter

·       Reconfiguring kitchen/back of house

·       Adding banquette seating and other fixed furniture

 

(2)      To vary the terminal hour for the sale of alcohol (on and off sales) Monday to Saturday 22:00 and Sunday 21:00

 

(3)      To vary the terminal hour for opening hours Monday to Saturday 22:30 and Sunday 21:30

 

(4)      To amend condition 15 of the Premises Licence to now read:

 

Save for when seated at tables, all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

(5)      To remove condition 16 which states: Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

 

(6)      To remove condition 20 which states: No supply of draught

beer.

 

(7)      To amend condition 24 to now read: The maximum number of persons permitted in the premises at any one time (excluding staff) shall not exceed:

Ground Floor 48 persons (excluding retail area)

Outside Seated Area 16 persons

 

The Premises had the benefit of a Premises Licence from January 2011 until June 2020 when the licence lapsed due to the insolvency of the licence holder. The Premises has since benefited from another Premises Licence (24/02538/LIPT) and this was granted by a Licensing Sub-Committee in November 2020.

 

There is a resident count of 187.

 

Premises

 

Boxcar

30-31 Kendal Street

London

W2 2AW

 

Premises Licence Holder

 

Boxcar Kendal St Ltd

 

Ward

 

Hyde Park

 

Cumulative Impact Area

 

N/A

 

 

Activities and Hours

 

As per the Premises Licence

 

Representations Received

 

• Environmental Health Service
• Councillor Karen Scarborough (Local Ward Councillor)
• South East Bayswater Residents Association (SEBRA).
• Hyde Park Estate Association (HEPA).
• Two Local residents (Against)
• Two Local residents (in support)

 

Summary of Representations Received

 

• The proposed amendments may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. This will be discussed further with the PLH through a site visit.
• I welcome Boxcar. Anyone drinking alcohol should be inside or seated if outside. There should be no outside heating which is environmentally unsustainable. Staff should always keep all adjacent public/exterior areas tidy and clean up litter caused by their customers. I object to the later opening hours serving alcohol. I live very close by and this will be too noisy. This will be especially problematic in summer when our windows are more likely to have to be open. Well after closing time staff usually have to stay to clean up. Late at night staff have to empty/fill refuse bins which is loud. Especially bins full of glass bottles. Removing tables and chairs is also noisy.
• No delivery nor refuse collections vehicles should be allowed down Titchborne Row which is a dead end. The times of delivery/refuse vehicles should not be outside normal business hours. The previous tenants had a daily refuse vehicle that used Titchborne Row to access at sometimes 4am. They would then have to reverse - with warning alarm - out of Titchborne Row as it is a dead end. This was always very noisy. I object to cooking of smelly foods on the premises. Things like grilling meat or frying onions etc.
• There is inadequate extract as it is too close to residential windows. Colbeh restaurant nearby regularly sends smokey cooking fumes out which badly effects a large surrounding area. They don't properly clean their extracts. This is very unpleasant. I object to smoking hookah pipes at the premises. This should be strictly forbidden.
• I broadly support the opening of Boxcar but.....Alcohol consumption - Anyone drinking alcohol should ideally be seated and not standing around outside; I object to the granting of a later hours license for alcohol as it will encourage persons to stay late, making a noise and possible mess in the street. Delivery of goods - I live in Titchborne Row. It is a small quiet street and is a dead-end. Vehicles are noisy reversing into this street as driving in straight does not enable the vehicle to easily exit. No goods/food etc should be delivered by this access route. Deliveries should be on Kendell Street. Refuse collection - also only on Kendall Street. Hours of opening - would prefer closure by 9pm latest.
• There are already two licensed premises Duke of Kendal, Kendal Kitchen in a residential area. With the potential for outdoor seating in the expanded Titchborne row/Connaught Street area this will create even greater noise for residents at all times of the day. Further Submissions received on 26 June 2024. My concerns remain. What was a cafe will now be a bar/cafe and based on the popularity of the similarly owned boxcar in Marylebone, be popular and add incrementally to the noise levels at key evening hours in what is principally a residential area, where we already have to suffer the noise and discarded bottles of the Duke of Kendal.
• 2 MAJOR CONCERNS :

- LATE LICENCE TO 1030 TO SERVE CUSTOMERS AND BUY ALCOHOL - as an immediate neighbour am concerned here regarding late night noise and antisocial behaviour from customers arriving/departing very late into the evening which is obviously in addition to existing late night arrangements for the pub and other restaurant facilities in the immediate area.

- COOKING OF MEAT PRODUCTS ON PREMISES - due to poor/minimal extraction management facilities in current property we are very concerned about negative impact on the environment from meat cooking - already issues in this regard with other outlets in the area - particularly COLBEH and others - please advise on provision of robust extraction management capability to minimise, if not prevent environmental impact from cooking burgers, steaks and other meat products.

• I am writing to object to the above variation as it will not promote the Licensing Objectives namely, Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance and Prevention of Children from harm.
• Whilst this operator will be a welcome addition to The Hyde Park Estate I object to the removal of the following conditions:

Condition 16, which states "Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables". As this will not promote the Licensing Objectives and permit vertical drinking

Condition 20 which states " No supply of draught beer" This will not promote the Licensing Objectives and encourage vertical drinking unless Condition 16 is retained. Further this is described as a Bakery/Deli so the requirement for draught beer seems to be out of character with this description.

Condition 24 which states "To amend condition 24 to now read:

The maximum number of persons permitted in the premises at any one time (excluding staff)

shall not exceed:

Ground Floor 48 persons (excluding retail area) - This needs to be determined by EH Outside Seated Area 16 persons: My understanding is that this may require a Pavement Licence.

Please can you confirm what the licence in the other Box Car in Wyndham Place has on the licence in relation to alcohol sales?

Also the I and SEBRA requested no draft beers but this is shown on the sample menu. Are they still intending to sell draft beer?

• My concern re the sale of alcohol without food is that the licence runs with the premises so if this were to close it could be a drink led premises. Can you ask for clarification on the draft beer?

I request that the committee consider my comments. Thank you for your consideration.

• The premises are located in a short shopping street, adjacent to Connaught Street, both with commercial units, including retail shops, public house, cafes and restaurants, all occupying the ground floor and basement with residential units above, and the surrounding area is predominantly residential. We wish to ensure that residents are protected from any nuisance which may arise from the proposed changes. We note no condition offered that alcohol to ancillary to taking of substantial food or meals.
• We also note 'On and 'Off Sales' of alcohol have been applied for.

SEBRA's position. We welcome the new business to the area and wish them all the success with this new restaurant. We note that the extended hours requested for sale of alcohol are within Westminster's Core Hours. We do not object to the variation of Premises Licence regarding reconfiguring of toilets, internal layout and adding banquette seating.

• We do have some concern over removal of existing Condition 20, to enable sale of draft beer and increase in the trading hours.

We do have very strong objection to the request for the deletion of Condition No 16, as this would effectively allow vertical drinking in the outside area of the premises, especially as a residential area, with flats immediately above in Coniston Court, residential premises in the adjacent Titchborne Row and residential units opposite in Connaught Street. We note that there are a number of conditions on existing Premises Licence but consider more are required to protect residential amenity and to reflect the proposed changes to hours and style of operation.

• The additional conditions we require are below:

No Off Sales of beers, lagers or ciders of over 5.5%.APV.

Updated condition regarding no drinks to be taken outside the premises, except to seated customers.

On 'take away sales', challenge 25 condition and no 'off sales' of alcohol without food. Model Restaurant condition required for sale of alcohol.

Model conditions regarding odours and noise emanating from the premises into the residential units above or surrounding businesses and residential properties. No Off Sales of alcohol via a Third party, such as Deliveroo, without food and to be carried out in a responsible manner in accordance with policy DEL1.

• Model condition to control any queuing outside the premises, so as to not block the public highway. We are aware of course that applications can be amended, and as ever, SEBRA is very happy for our contact details to be passed on now to the applicant or their representative and

welcome the opportunity to discuss the application with them.

• We reserve the right to make further representation in due course when we have heard back from the applicant or from the relevant authorities or seen any correspondence from any objectors.
• We trust that agreement can be reached with all parties so that a Licencing Hearing will not be necessary.

• I am writing on behalf of Hyde Park Estate Association (HPEA). Susie is currently out of the country and unable to send in the representation.
• She asked me if I could confirm on behalf of HPEA that they do object to this application as currently presented.
• The objection is based on the prevention of public nuisance. They endorse the content and reasons set out in SEBRA's objection below, and agree with the points made. Specifically, they agree that further conditions are required to ensure that the licensing objectives are promoted, as per SEBRA's objection. They also strongly object to the proposed change to condition 16, as they are concerned that more and/or more drink-led activity outside the premises may be detrimental to local residents.

 

Policy Considerations

 

Policies HRS1, RNT1 apply under the City Council’s Statement of Licensing Policy (“SLP”).

 

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:

6. Pubs and bars, Fast Food and Music and Dance venues

Monday to Thursday: 10am to 11.30pm.

Friday and Saturday: 10am to Midnight.

Sunday: Midday to 10.30pm.

Sundays immediately prior to a bank holiday:

Midday to Midnight.

D. 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 late-night

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 late-night

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 of a restaurant as per Clause C.

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

 

Mrs Sandra Robbie, Presenting Officer, outlined the application to the Sub-Committee. She confirmed that the additional submissions from the PLH and the Interested Parties had been circulated to all parties and that the Premises is located within the Hyde Park Ward.

 

 

Ms Sarah Taylor Solicitor appearing on behalf of the PLH addressed the Sub-

Committee outlined the application along with Mr Ankur Wishart (Director, Applicant Company) to the Committee.  She confirmed that Mr Wishart was an experienced operator who would be frequently present at the Premises.  She advised that there had been no representations made regarding the change of layout of the Premises and that the contention was to do with the modest increase in Sale of Retail of Alcohol and the amendments to some of the conditions already attached to the Premises Licence.

 

Ms Taylor explained that the PLH and the Interested Parties had managed to have further discussions during the morning and the PLH was now willing to offer further concessions to alleviate the resident’s concern.  She added that it was important to note that the Act advised that conditions attached to a Premises Licence should be proportionate to the operation of the Premises and that there should be no need to impose disproportionate and overly burdensome conditions on a Premises.

 

Ms Tayor advised that the PLH had listened to the Interested Parties and had agreed to amend conditions 15, 16, 20, 23 and 24 on the Premises Licence. Ms Taylor then went through each of the conditions outlining the amendments to be made to each of the conditions that had been agreed with the Interested Parties and which would alleviate the concerns of residents.  She added that the amendments would particularly alleviate the concerns regarding public nuisance of deliveries and vertical drinking outside of the Premises. She confirmed that there would only be one draft beer available, however there would be two beer taps to ensure efficiency behind the counter.  She further confirmed that there would be no smoking of shisha or hookah pipes at the Premises and this was a condition offered.

 

Ms Taylor explained that the only point of contention was the request for the removal of the restaurant condition that all alcohol must be sold ancillary to food which would be a decision for the Sub-Committee.  She emphasised that the Premises had operated without a restaurant condition and had received no complaints for many years and there was no evidence to suggest that it needed this condition to be now imposed on its Premises Licence.  She confirmed that the Premises was predominantly a café/bakery and there was no intention of turning it into a vertical drinking establishment.  She added that in the future if the Premises Licence was transferred the new owners would need to apply for a variation to the Premises Licence for it to become a bar.

 

Ms Taylor advised that the PLH wished to have the flexibility to serve their customers alcohol without food and that the hours sought were within the Westminster’s Core Hours Policy.  She added that in addition there were no primary cooking facilities to provide substantial meals to customers as the Premises would be operated as a café and not a restaurant.  She emphasised that it was commercially important that the Applicant have this flexibility in order for the café to succeed and that people who wished to stand drinking alcohol would go to the pub.

 

Ms Taylor advised that the PLH was happy to make his direct telephone number available to the community so residents could call him to discuss any issues arising such as noise nuisance from deliveries and customers inside the Premises.  She added, however, it was unlikely noise nuisance would occur because the Premises was well managed.  She emphasised that the Premises was not located in a cumulated impact area or a special consideration zone.  She requested that the Sub-Committee grant the application accordingly with the agreed amendments to the conditions and without making alcohol ancillary to a table meal.

 

Mr Maxwell Koduah appearing on behalf of the EHS addressed the Sub-Committee. He advised that this was a low-risk type of operation and that the variation would only take effect once EH had visited and approved the new layout of the Premises.  He considered that it was good practice to include the Council’s Model Condition MC24 regarding providing a direct telephone number to residents.  He advised that there had been no complaints regarding the operation of the Premises.  He confirmed that EH had only maintained their representation to be of assistance to the Sub-Committee.

 

Mr Richard Brown, Westminster Citizens Advice Bureau Service, representing SEBRA and HPEA, emphasised that the representations were not objecting to the new operator and indeed residents warmly welcomed them to the area and wished them every success.  However, he advised that it was about the detail contained in the conditions proposed to be amended or removed from the Premises Licence.

 

Mr Brown then referred to the proposed conditions and advised the Sub-Committee of the two points of contention that still remained which were the extension of hours and the removal of the restaurant condition from the Premises Licence.  He advised that SEBRA and HPEA did not have any particular concern regarding the hours, in fact they were neutral on this point, as they were within the Council’s Core Hours Policy, however, they were aware that the increase in hours were of concern for some residents.  He then turned to the removal of the restaurant condition and considered that the full restaurant conditions would not be appropriate for this Premises, however, SEBRA and HPEA would still like a condition that referred to food in some way so that the Premises could not become a bar.

 

Mr J.Z, representing SEBRA, advised that they welcomed the Premises to the area, however, it was important to get/keep the correct balance of commercial and residential properties.  He requested that having some sort of food, say a sausage roll, being served with alcohol might just confirm that it was definitely a café/bakery.  He advised that it was up to the Sub-Committee to decide during their decision making.  He confirmed that he accepted ‘off sales of alcohol’ without food, the hours proposed for the tables and chairs outside of the Premises and the way deliveries to the Premises would be made due to the road layout in the area.

 

 

Ms S.B, representing HPEA, endorsed Mr J.Z submission and confirmed that she would like some sort of condition mentioning food being sold with alcohol.

 

Mr Horatio Chance, Legal Advisor to the Sub-Committee, asked Mr Brown to confirm whether he was requesting a condition on the Premises Licence that alcohol was ancillary to food. Mr Brown advised that ideally that would be consistent with the Interested Parties approach with other applications, however, he would leave the final decision for the Sub-Committee in light of all the proposed conditions to be attached to the Premises Licence.

 

Mr Chance requested that as there was many amendments, additions and deletions to the proposed conditions that the Sub-Committee adjourn temporarily so that a list of all the updated and agreed conditions to be attached to the Premises Licence could be agreed by all parties and then presented to the Sub-Committee for consideration. 

 

The Sub-Committee adjourned for 20 minutes and was then presented with a list of agreed conditions to be attached to the Premises Licence.  The Sub-Committee noted that the Interested Parties had agreed that a condition mentioning alcohol being ancillary to a table meal was not necessary due to a condition stating that ‘the licensable activities authorised by this licence and provided at the Premises shall be ancillary to the main function of the Premises as a Bakery/Café so the Premises could not morph into a drink led premises.

 

Conclusion

 

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

There is no policy presumption to refuse an application for a restaurant premises operating outside of the West End CIZ provided that the licensing objectives are not undermined.

 

The Sub-Committee had regard not only to the written and oral evidence but also to the Act, the Revised Home Office Guidance issued under section 182 of the Act and the City Council’s SLP, in particular policies HRS1 and RNT1.

 

The Sub-Committee noted that Conditions had been agreed with the parties and welcomed that the PLH had engaged proactively with SEBRA and HPEA throughout the process which led to the agreement of those conditions.

 

The Sub-Committee having carefully considered the matter and the evidence before it decided to Grant the Variation of Premises Licence with the licensable activities applied for which were below core hours, the variation of certain conditions and change of layout for the Premises in accordance with the approved plans.

 

The Sub-Committee considered that this was the right balance when considering the objections from the parties who had objected and for the start time and terminal hours accordingly having regard to the s.182 Guidance and the City Councils SLP.

 

The Sub-Committee noted the various undertakings and commitments given by the PLH into the daily running of the Premises and the robust management practices the PLH was to employ, by an experienced team as well as the many offered conditions which would have the desired effect of promoting the licensing objectives.

 

The Sub-Committee was conscious that queuing could cause potential problems when it came to nuisance issues if not properly managed by the PLH and so would strongly encourage that any queues forming outside of the Premises shall include Tichbourne Row. 

 

The Sub-Committee considers that the additional conditions it has imposed on the premises licence to include queue regulation, signage, a direct telephone number for the manager of the Premises, Challenge 25, the service of alcohol to the outside area is to be to seated customers only, the strength of alcohol is to be restricted on certain products to be no more than 5.5% ABV, the restriction also on only one draught beer to be sold, the capacity of the Premises to be capped, a works condition requiring the EHS to sign off the necessary works before licensable activities can commence and collections of waste to the Premises within permitted hours so as to prevent nuisance and the inclusion of Model Conditions (including the restaurant condition already imposed on the Premises Licence meaning that the Premises could not morph into a drink led venue) to be appropriate and proportionate and will have the overall effect of promoting the licensing objectives, in particular the prevention of public nuisance and crime and disorder licensingobjectives.

 

In reaching its decision, the Sub-Committee concluded that the conditions now attached to the licence would mitigate and alleviate the residents’ concerns of the parties who had objected and were appropriate, proportionate, enforceable and would have the desired effect of promoting the licensing objectives.

 

Having carefully considered the committee 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 to alter the layout of the premises in accordance with the submitted plans.

 

2.        To grant permission to vary the terminal hour for the Sale by Retail of Alcohol (On and Off the Premises) Monday to Saturday 22:00 and Sunday 21:00.

 

3.        To grant permission to vary the terminal hour for the Opening Hours of the Premises Monday to Saturday 22:30 and Sunday 21:30.

 

4.        That Conditions 15, 16, 20, 23 and 24 on the premises licence are varied as specified below.

 

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

 

6.        That the existing conditions on the licence shall remain in full force and effect save as otherwise varied by the addition of new conditions as specified below and numbered 7-20 which are considered appropriate and proportionate to promote the licensing objectives

 

Conditions imposed by the Committee after a hearing with agreement of the Premises Licence Holder:

 

7.        Alcohol consumed outside shall only be consumed by patrons seated at tables.

 

8.        Only one brand of draught beer will be sold at the premises and there shall be a maximum of two taps.

 

9.        There shall be no deliveries to the premises or rubbish collection or recycling materials (including bottles) from the premises between 20:00 and 08:00 on the following day Monday to Friday and between 20:00 and 09:00 on the following day on Saturday and Sunday.

 

10.      The premises licence holder shall ensure that all companies delivering to, or collecting from, the premises will be told to ensure that their drivers do not access Tichborne Row.

 

11.      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.

 

12.      There shall be no smoking of shisha or hookah pipes at the Premises.

 

13.      No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.

 

14.      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.

 

15.      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 license premises; not to leave engines running when the vehicles are parked; and not to obstruct the highway.

 

16.      The premises licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

17.      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.

 

18.      No licensable activities shall take place at the premises until the licensing authority are satisfied that the premises is constructed or altered in accordance with the appropriate provisions of the District Surveyor’s Association – Technical Standards for Places of Entertainment and the reasonable requirements of Westminster Environmental Health Consultation Team, at which time this condition shall be removed from the licence by the licensing authority.

 

19.      Save for when seated at tables all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

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

 

           Ground Floor 48 persons (excluding retail area)

           Outside Seated Area 16 persons.

 

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

 

The Licensing Sub-Committee

25 July 2024