Agenda item

Black Stone, Red Fire, Basement and Ground Floor, 84 Westbourne Grove, London W2 5RT (Bayswater Ward/Bayswater Cumulative Impact Area ) (“The Premises”) 18/07535/LIPN

1.

Sale by retail of Alcohol (On sales, Off sales or both): Both

Monday to Sunday: 10:00 to 23:30

Seasonal variations/Non-Standard Timings:

None

Amendments to application advised at hearing:

The Applicant withdrew off sales of alcohol from the application.

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

The Sub-Committee considered an application from Mr Giovanni Interdonato, for a new premises licence in respect of Black Stone, Red Fire ,Basement and Ground Floor, 84 Westbourne Grove, London W2 5RT (“The Premises”).  The Presiding Officer provided an outline of the application to the Sub-Committee, confirming the following agreement of conditions, that the Metropolitan Police had withdrawn its objections; further that a new premises plan had been circulated to all parties that morning.  The Sub-Committee addressed the problems caused by late submissions.  In this instance all parties confirmed they would accept the late submission of the updated premises plan on the understanding that the same was to be provided to the Licensing Authority within 14 days of its Decision should the Sub-Committee be minded to grant the application.

Ms Kate Allison, Agent for the Applicant, advised the Sub-Committee that it had before them a new premises licence application for a pizzeria selling Sicilian style fish and meat dishes operating in the basement and ground floor areas of the Premises.  The Applicant also sought to operate a food delivery service from the Premises.  Ms Allison advised the Sub-Committee that the Applicant applied for: Playing of recorded music, from Mon-Sat 10:00 to 00:00 and Sun 10:00 to 23:30, Late night refreshments from Mon –Sun, 23:00 to 00:00, Sale by retail of alcohol from Mon-Sun from 10:00 to 23:30 and Premises opening hours, Mon-Sun from 10:00 to 00:00.

Ms Allison advised that any alcohol served would be with a substantial table meal and there will be no takeaway service; however there will be a delivery service to the local area which is important to the Applicant’s business model.  The Sub-Committee sought further clarification on what percentage of the Applicant’s business would be based on deliveries.   Ms Allison confirmed that deliveries would make up 50% of the Applicant’s business. Ms Allison also confirmed that the Applicant would amend the opening hours to the public to the WCC core hours and has accepted conditions proposed by the Police.

The Sub-Committee asked the Applicant to explain the changes from the old plan to the new plan submitted that morning.  Ms Allison advised that the bar was the servery bar, with a waist height door and is only accessible to staff.   Ms Allison then explained that further to Environmental Health advice, there had been changes to the basement layout with additional toilets, 5 available to the public, 1 for staff and staff rest room.  The Sub-Committee queried the windows and existing shop front, Ms Allison advised that the new plans show the existing shop front, but that the Applicant will be seeking planning permission to change this, sometime in the future but has decided to postpone this until next year

Ms Allison then went on to discuss the seating area changes in the basement, which had been reduced in order to incorporate the new toilet facilities.  Ms Allison advised that the new capacity numbers were 28 in respect of the basement and 46 on the ground floor.  Ms Allison also informed the Sub-Committee that the Pizzeria kitchen on the ground floor and alcohol store in the basement will be slightly bigger to allow better operating areas.  Ms Allison advised that the Applicant had withdrawn off sales and recorded music from the application and this was duly noted by the Sub-Committee. Ms Allison advised the Sub-Committee that the Applicant wished to create a beautiful restaurant, with great food with alcohol to accompany the food offer. She stated that the Applicant wants to work in partnership with the Responsible Authorities and local residents, by putting in place the necessary arrangements and is therefore happy to follow any recommendations.    

Ms Allison advised that when considering deliveries, the Applicant would be happy to speak with delivery companies to dissuade them from using side streets to park as the Applicant did not want to cause any disturbance. Ms Allison stated that the Applicant wants to operate a decent and good business.  Ms Allison addressed residents’ concerns regarding the plant equipment, advising that the Applicant has permission until 23:30 hours for its use.  As the restaurant is in the CIA the Sub-Committee sought clarity on how the Applicant would manage customers and address the impact on local residents.  Mr Allison advised that the Applicant would provide signage with instructions to respect the neighbours and leave quietly, there would be a member of staff or management on the door on busy nights encouraging customers to disperse in an orderly manner.

Ms Allison also informed the Sub-Committee that speakers for background music would be fitted on anti-vibration stands, there would be a complaints book and any illuminated signage will be switched off at closing time.  Ms Allison confirmed that smoking would be discouraged, but there would be a designated smoking area and smokers would be asked to be quiet, not to litter and no drinks will be allowed outside.  Ms Allison advised that all the extraction ventilation systems would be maintained and serviced and acoustically treated to ensure there is no disturbance.  Ms Allison confirmed that the Applicant had been working closely with the landlord to ensure the application went smoothly.  The Premises will also have CCTV cameras as per the conditions proposed by the Police.

The Sub-Committee then heard from Sally Fabbricatore, Environmental Health (EH), who explained that the EH welcomed the offer immediately prior to the Sub-Committee hearing, that recorded music has now been withdrawn and the opening hours are now within core hours.  Ms Fabbricatore stated that she was content with capacity numbers and also welcomed the number and design of toilets and wash-handbasins.  Ms Fabbricatore advised that the front concertina windows which many be proposed next year, while she had not proposed any condition, this was something that the Sub-Committee might consider conditioning. Ms Fabbricatore advised that her only remaining concern related to deliveries and how the public and operation will be managed.

The Sub-Committee then heard from, Daisy Gadd representing the Licensing Authority (LA), who confirmed that the Licensing Authority, EH and Police conducted a very useful site visit during which MC66 was agreed.  Ms Gadd advised that this then brought the Applicant in line with WCC policy RTN2 which requires the Applicant to demonstrate that they will not add to the CIA.  Ms Gadd explained that there would be another 74 people in the CIA and it would be for Sub-Committee to decide if the Applicant adequately demonstrated their capabilities in addressing those concerns.  Ms Gadd advised that the Licensing Authority is concerned regarding the deliveries element of the application, given that the Applicant expects 50% of his business to be deliveries.  Her concern is the way in which the Applicant will ensure the management and operation of this element of the business will not add to cumulative impact, but would promote the licensing objectives.

Mr John Zamit, SEBRA, advised the Sub-Committee that the entrance directly next to the restaurant has no door going into the flats, the residents enter the flats from Hereford Mews and the plant is located at the back of the flats.  Richard Brown CAB Project Officer, representing the local residents from Hereford Road Association and Hereford Mews, addressed the Sub-Committee referred to photographs of the plant equipment located at the back of the Premises that the residents had submitted as part of their representations.  The Sub-Committee asked the Applicant if the plant equipment would be replaced, Ms Allison advised that the plant equipment is in working order and they were intending to use the equipment in its current condition.  However should the equipment need to be replaced or repaired this would be carried out by the Applicant.

Mr Brown described the proximity of the extractors to the residents of Hereford Mews and the potential for noise disruption, Mr Brown referred to the operation times of the plant equipment.  Mr Brown acknowledged that the hours had been reduced to WCC core hours but felt that due to the close proximity and noise of the plant equipment at the back of the Premises and the noise generated from customers at the front of the Premises, this should be reduced by 30 minutes to below core hours; 23:00 hours on Friday and Saturday instead of 23:30 hours.  Mr Brown raised concerns regarding the deliveries, advising that he was surprised that this would be 50% of the Applicant’s business.  Ms Allison conferred with the Applicant and advised that the earlier figure of 50% was too high and it was more likely to be in the region of 20%. Further clarification was sought from the Legal Adviser to the Sub-Committee, and Ms Allison confirmed that up to 50% of the Applicant’s business could be from deliveries.

Mr Brown advised that for deliveries to take place there needs to be some clarity on how this will operate in practice so as not to cause nuisance to local residents.  Mr Brown advised that the businesses model for delivery companies is that they act as a third party to facilitate the order and the delivery drivers are one step removed.  He thus queried where the delivery drivers will wait outside and inside the Premises, as in effect the Premises has no control over how delivery drivers will operate.  Mr Brown then addressed concerns relating to the opening of windows and doors, suggesting that all doors and windows remain closed at 21:00 hours if the Sub-Committee were minded to grant the application.  Mr Brown’s final points referred to the delivery of stock advising that residents have requested that the times are amended and are therefore seeking 08:00 -20:00 hours Monday to Saturday and 10:00-16:00 hours Sundays and Bank Holidays. Mr Brown advised that residents were content with the waste and recycling arrangements.

The Legal Adviser to the Sub-Committee stated that model condition 12 related to noise nuisance and would cover all aspects of nuisance emanating from the Premises, including plant machinery. The Legal Adviser also stated that the City Council may use its statutory powers both under the Planning and Environmental Health regimes where the relevant enforcement action can be taken for such breaches. Residents can therefore contact the City Council’s enforcement teams to make noise related complaints and any potential breaches of planning control.  The Sub-Committee was mindful of the Home Office Guidance issued under section 182 of the Licensing Act 2003 which states that Licensing Authorities should not unnecessarily impose conditions on Licence Premises where there is appropriate legislation already in place which deals with such matters.

Mr John Zamit advised the Sub-Committee that the community welcomes the business as this was the site of a previous restaurant, and thus this did not impact on cumulative area.  However, Mr Zamit felt the hours should be reduced by 30 minutes to limit the impact on the lives of residents and that this would be a small adjustment for the Applicant. Mr Zamit raised the concern regarding the plant at the back of the Premises advising that residents can complain if it is an issue.  Mr Zamit then discussed his concerns regarding deliveries from the Premises, advising that up to 30% of trade can be deliveries, anything over 30% would change the nature of operation and would need to go back to planning.  Mr Zamit queried where delivery drivers would park, as if not outside then they park elsewhere.  Finally, Mr Zamit sought further clarification on where delivery drivers will safely wait, once inside the Premises. The Sub-Committee noted that any potential change of use of the Premises was a planning matter and not a consideration for this Sub-Committee.  Ms Allison confirmed that delivery drivers will wait in the ground floor customer seating area by the stairs. 

The Sub-Committee queried the distance deliveries may be made to from the Premises. Ms Allison advised that the Applicant wants to work with the local community and area and there is no intention to deliver too far out, and this is something that the Applicant will control.  She advised that the deliveries are designed to be a speedy process from order to delivery, and that customers receive their food speedily.  The Applicant has a pre-set amount of time to make the food before the delivery driver arrives, the idea is to always have the order ready so that the delivery drivers are not hanging around, but would come in and go out quickly.  Ms Allison advised the Sub-Committee that there is an ability within the Apps (from the restaurant’s side) to stop the delivery service if it becomes too busy.

The Sub Committed carefully reviewed all the information presented from all parties in light of the licensing objectives and decided to grant the licence with conditions.  The Sub-Committee considered that granting the application would not add to cumulative impact: this had previously been a restaurant; the assurances the Applicant had given during the hearing to use his best endeavours to limit public nuisance; and the conditions imposed on the Premises Licence which together would promote the licensing objectives. The Sub-Committee was pleased to note that the Applicant will work with local residents to ensure that they are not impacted by the deliveries service However, the Sub-Committee was mindful of the fact that should the Applicant fail to work with the Responsible Authorities and local residents as stated, or breach any of its licence conditions, then a review of the Premises Licence can be made by either party.

The Sub-Committee considered that the conditions imposed on the Premises Licence to be appropriate and proportionate that would help promote the licensing objectives.

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

The Sub-Committee granted this application (see reasons for decision in Section 1).

2.

Late Night Refreshments: Indoors

Monday to Sunday 23:00 to 00:00

Seasonal variations/Non-Standard Timings:

None

Amendments to application advised at hearing:

None

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

The Sub-Committee granted this application (see reasons for decision in Section 1).

3.

Hours premises are open to the public

Monday to Sunday: 10:00 to 00:00

Seasonal variations/Non-Standard Timings:

None

Amendments to application advised at hearing:

The Applicant amended the hours the premises are open to the public to WCC core hours:

Monday to Thursday      10.00 to 23.30

Friday and Saturday       10.00 to midnight

Sundays immediately prior to Bank Holidays     12.00 to midnight

Other Sundays                12.00 to 22.30

The Applicant withdrew the playing of recorded music from the application

The Applicant withdrew Off-Sales of alcohol from the application.