Agenda item

Café Berlin At The Goethe Institute, 50-51 Princes Gate, SW7

15/05191/LIPV

1.

Sale by Retail of Alcohol (On)

Amendments to application advised at hearing:

Members of the Sub-Committee were advised at the hearing that the proposed commencement hour for the sale of alcohol on Saturdays and Sundays was being amended to 09:30 hours.

Decision (including reasons if different from those set out in report):

Ms Le Fevre, representing the Applicant, provided some background to the application.  The Goethe Institute had been established at the premises for 53 years and had a cultural and education remit, providing workshops, seminars and training sessions.  The proposed operators were German restaurateurs, Stein’s who ran two premises in Richmond and Kingston, the former premises licence not requiring alcohol to be ancillary to food and the latter licence requiring alcohol to be ancillary to food.  Ms Le Fevre referred to the proposed conditions including that the supply of alcohol would only be to seated customers having a table meal for breakfast or brunch before midday.  She stated that whilst it was proposed that the condition on the existing licence that ‘intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal’ would be removed, there were a number of conditions that her client had agreed to which prevented the premises being a vertical drinking bar.  Alcohol would be served by waiter or waitress and to seated customers only.  The premises would not be marketed as a bar but as a restaurant or café.  Ms Le Fevre and Ms Weiss advised that the reason as to why the removal of the alcohol being ancillary to a table meal condition was sought was because it was not well received by customers that in order for them to buy a drink, they would also be required to purchase a table meal as well. Ms Le Fevre drew Members’ attention to a proposed condition that off-sales would be limited to premium priced wrapped gift items only.

Ms Le Fevre explained the plans.  The main entrance to the restaurant area on the ground floor was via Exhibition Road.  There was an internal and external access to the terrace areas (the terrace areas comprised 50 and 51 Princes Gate) which could be used by the public.  The latter was needed for emergency or disabled access and would be staffed at all times.  The outside bar was being removed from the terrace.  It was likely that 68 would be seated in this area.  Ms Weiss stated that it was intended that the terrace for 50 Princes Gate would be used by Stein’s customers whilst the terrace for 51 would be open to the Goethe Institute’s staff and guests to eat the lunch they had brought with them or order from Stein’s.  Mr Ueberall added that the Goethe Institute wished to have exclusive rights to the terrace for 51 Princes Gate as behind there was the auditorium where there were screenings and lectures and access to the terrace via doors needed to be provided.  Events in the auditorium could not be disturbed by noise from the terrace.  Ms Le Fevre added that planning permission permitted the use of the restaurant until 22:30 and there was a condition there that consent was conditional on The Goethe Institute remaining at the premises.  There would be no live music or loudspeakers on the terraces.  The Applicant had put forward a noise management plan setting out management measures such as the staff levels to prevent potential noise on the terrace, when patrons left and also smokers.  Deliveries and collections would take place at the front of the premises, away from residents.

Mr Drayan for Environmental Health when addressing the Sub-Committee referred to the similar proposed use of the outside area to that of the Polish Hearth Club at 55 Princes Gate.  He suggested that if the Sub-Committee was minded to grant the use of the terrace past 21:00 then it should only be used as a restaurant with alcohol being ancillary to food.  Ideally except in the case of an emergency or persons with disabilities, access and egress should only be from Exhibition Road and not permit regular comings and goings of patrons via the residential area.

PC Guerra for the Metropolitan Police advised that his representation had been maintained with the proposed hours being beyond the Council’s Core Hours policy.  He sought a condition that the access to the terrace area was staffed at all times as it would potentially be vulnerable to thefts.  He also requested clarification on the operating hours of The Goethe Institute in relation to the proposed hours for the licensable activities of the Café Berlin.  Mr Ueberall responded that The Goethe Institute was open from 08:30 to 22:30 Monday to Friday, 08:30 to 17:00 on Saturday and was closed on Sunday.  In response to Police concerns regarding Café Berlin operating on Sundays when The Institute would be closed, Mr Ueberall provided assurances that there would be the necessary security in place and any access would be via Exhibition Road.

Ms Whewell wished to emphasise that the Institute was situated in a profoundly residential area with multiple flats and was particularly quiet late in the evening.  She stated that she had previously been to events at The Goethe Institute and that they had been good neighbours.  She appreciated their need for catering facilities.  However, what was being proposed was the conversion of a restaurant into a bar, even if customers were seated and there was waiter or waitress service.  She referred to the planning permission that set out that ‘you must only use the part of the property we have approved as a sit-down waiter service restaurant for that purpose’.  The planning permission was for 120 people whilst the licensing application was for 168 people.  There would be 68 people on the external terrace areas in the licensing application where it was being proposed that alcohol was not ancillary to food rather than the 50 on the terrace having a sit down meal as envisaged in the planning consent.  Ms Whewell did not have an issue with a sit down restaurant but a bar was different as it could give rise to public nuisance, particularly when patrons leave the premises.  The Sub-Committee would be licensing the premises in perpetuity and not purely the management of the premises by The Goethe Institute. 

Ms Whewell referred to the premises licence for the Polish Hearth Club at 55 Princes Gate.  The Sub-Committee had at a hearing in November 2013 considered that the Club was located in a very residential area and had required changes to the application.  Following the later hearing in January 2015, the whole of the ground floor was required to operate as a restaurant with alcohol being ancillary to food.  Alcohol could be sold on the terrace without it being ancillary to food until 21:00.  After 21:00 the terrace could only operate as a restaurant.  Ms Whewell expressed the view that there was a profound difference between a restaurant with a terrace and a bar with a terrace.  She was much more concerned if the whole of the premises could operate as a bar.  A bar operating until 00:30 was a particular issue.  She also made the point that there was a major street drinking issue in Exhibition Road and Princes Gate and public access to the facilities was a concern even if the prices of the alcohol were premium in comparison to the local shops.

Ms Whewell stated that she had concerns regarding the Café Berlin management plan with the risk assessment appearing to rely on complaints from residents before action to prevent noise nuisance was taken, including closing windows.  She commented that the windows should be closed to prevent noise outbreak before any issues arose and that the proposed condition only required the Applicant to close doors and windows at 23:00.  She also added that the Café Berlin premises being in a residential area was very different from the premises Stein’s operated in Richmond and Kingston.  One was in a park and the other in a high street.   

Ms Le Fevre responded to some of the points made by Ms Whewell.  These included that the Polish Hearth Club was a different premises from The Goethe Institute with different operators.  Stein’s had a good track record as could be seen from the letter of commendation from The London Borough of Richmond Upon Thames. There was an emphasis on food.  The outside bar had been removed from the plans.  There would be waiter or waitress service and seated customers after midday.  The noise management plan sought to identify potential sources of noise and how these would be addressed.  There would be a proper response if a complaint was received. 

The Sub-Committee wished to make the point that the Council valued the work of The Goethe Institute.  Members, however, shared local residents’ concerns (as stated by Ms Whewell at the hearing and by residents in written representations) regarding the use of the premises as a late night public bar.  The Sub-Committee in granting the application therefore decided to tighten the conditions that had been proposed.  The Sub-Committee amended the existing condition 4 rather than removing it as had been applied for.  Alcohol would not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal and/or customers who have attended a course or cultural event at The Goethe Institute on the same day as the alcohol is sold and consumed. 

The Sub-Committee considered that there was the potential for public nuisance from the use of the rear external terrace area, particularly later at night and decided that its use by patrons would cease at 21:00 hours other than to persons who have attended a course or cultural event at The Goethe Institute on the same day as the alcohol is sold and consumed.  Use of the terrace area by persons who had attended a course or cultural event at The Goethe Institute on the same day as the alcohol is sold and consumed (including smokers) and by staff (including for purposes of clearing up) would cease by 22.00 hours except for access and egress in an emergency.  Sales to patrons on the terrace should cease at 21:45.  The Sub-Committee, in order to prevent public nuisance and also potentially crime, attached a condition to the licence that ‘except in the case of an emergency or persons with disabilities, access and egress to the terrace shall not be permitted from Princes Gardens’.

The Sub-Committee emphasised the importance of having sufficient security at the premises, including on Sundays when The Goethe Institute was not open.  The Chairman also advised the Applicants that the off-sales permitted as gifts should be de minimis and not of a sizeable nature (as a percentage of total sales of alcohol).

In reaching its decision, the Sub-Committee had regard to all the evidence that had been submitted including all the representations from the other parties who were not present at the hearing. Although there was no policy presumption against the application as the premises are not situated in a stress area, the members of the Sub-Committee nevertheless gave considerable weight to the concerns of the residents in view of their close proximity to the Institute. It was considered that the grant of the application was a proportionate approach bearing in mind the conditions that had been imposed on the licence and the fact that the variation application did not involve the extension of the terminal hour for the sale of alcohol or the hours when the premises would have to close. However, there was always a risk that nuisance could be caused whenever alcohol is sold that is not ancillary to a table meal, especially when that was allowed to take place on an external terrace. It was considered that the Goethe Institute would understand those concerns and would ensure that the operation was managed so as to prevent such nuisance. If that was not the case, the residents always had recourse to the review procedures.      

2.

Sale by Retail of Alcohol (Off)

Saturday 08:30 to 00:00

Amendments to application advised at hearing:

Members of the Sub-Committee were advised at the hearing that the proposed commencement hour for the sale of alcohol on Saturdays and Sundays was being amended to 09:30 hours.  It was also clarified as part of the conditions that

off-sales would be limited to premium priced wrapped gift items only.

Decision (including reasons if different from those set out in report):

The amended hours were granted, subject to conditions as set out below (see reasons for decision in Section 1).

3.

Opening Hours

Amendments to application advised at hearing:

Members of the Sub-Committee were advised at the hearing that the proposed opening hours on Saturdays and Sundays and for the non-standard timings referred to were being amended, commencing at 09:00 hours.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application with the amended commencement hours (see reasons for decision in Section 1).

4.

Non-Standard Timings for the sale of alcohol

Amendments to application advised at hearing:

Members of the Sub-Committee were advised at the hearing that the proposed commencement hour for the non-standard timings for the sale of alcohol was being amended to 09:30 hours.

Decision (including reasons if different from those set out in report):

The Sub-Committee granted the application with the amended commencement hours (see reasons for decision in Section 1).

5.

Layout Alteration

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

Granted, subject to conditions as set out below.

6.

Proposed replacement of condition 4 and removal of condition 6

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee amended the existing condition 4 rather than removing it as had been applied for.  Alcohol would not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal and/or customers who have attended a course or cultural event at The Goethe Institute on the same day as the alcohol is sold and consumed. 

Condition 6 was removed in its entirety and the non-standard timings for the sale of alcohol as set out in box 4 above were agreed (the opening hours for those non-standard timings being as set out in box 3 above).

See reasons for decision in Section 1.