Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	West End Ward/ West End Cumulative Impact Area	Basement and Ground Floor 40 Great Windmill Street London W1D 7LY	Premises Licence Variation	20/03711/LIPV

 

WCC LICENSING SUB-COMMITTEE NO. 2

 

Thursday 2^nd July 2020

 

Membership:           Councillor Tim Mitchell (Chairman), Councillor Margot Bright

                                and Councillor Toki Aziz.

 

 

Officer Support:       Legal Officer:           Barry Panto

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Artemis Kassi

                                Presenting Officer:  Kevin Jackaman

 

 

Application for Variation of a Premises Licence [20/03711/LIPV]

 

Full Decision

 

 

Premises

 

Olives N’ Meze

40 Great Windmill Street

London 

W1D 7LY

 

Applicant

 

Istanbul Street Food Limited: 

represented by Thomas O’Maoileoin, Thomas & Thomas Solicitors.

 

Cumulative Impact Area?

 

West End

 

Ward

 

West End

 

Summary of Application

 

This application was for the variation of the premises licence for the basement and ground floor of 40 Great Windmill Street, which trades as “Olives N’ Meze”.  The application sought to extend the terminal hour for the sale of alcohol, late night refreshment and closing hour of the premises to 02:00 Monday to Sunday. However, following consultation, the Applicant had amended the closing hour and terminal hour for late night refreshment to 01.00 Friday and Saturday, limited to seated customers and waiter/ waitress service. The Applicant had also withdrawn the application for the increase in hours for the sale of alcohol from the application.

The kitchen and back of house are situated in the basement, and the Premises are licensed to operate as a restaurant with a maximum capacity of 15 on the ground floor, subject to a condition requiring the consumption of alcohol to be ancillary to the consumption of substantial food. The licence also provides that off-sales have to be ancillary to a takeaway meal, with no off-sales of alcohol or food and drink being permitted after 23.00.

 

The applicant had proposed two additional conditions, set out as conditions 29 and 30 below and, in the course of the hearing, agreed to a further condition set out as condition 31 below.

 

Proposed and current licensable activities and hours

(basement and ground floor) (as amended)

 

 

Late Night Refreshment [Indoors and Outdoors]

 

Proposed Variation

 

Monday to Thursday 23.00 to 23.30 (as existing)

Friday and Saturday 23.00 to 01.00 on the following day

Sunday – Not applicable

 

No seasonal variations/non-standard timings proposed.

 

Compared to existing licence 19/16017/LIPN

           

Monday to Thursday : 23.00 to 23:30

Friday to Saturday    : 23.00 to Midnight

Sunday                     : N/A

 

No seasonal variations/non-standard timings.

 

 

Hours premises are open to the public

 

Proposed Variation

 

Monday to Thursday 08.00 to Midnight (as existing)

Friday and Saturday 08.00 to 01.00 on the following day

Sunday 09.00 to 23.00 (as existing)

 

No seasonal variations/non-standard timings proposed.

 

Compared to existing licence 19/16017/LIPN

 

Monday to Thursday : 08.00 to Midnight

Friday to Saturday    : 08.00 to 00.30

Sunday                     : 09.00 to 23.00     

 

No seasonal variations/non-standard timings.

 

 

 

 

 

 

Additional Conditions Proposed

 

Condition 29

 

All windows and external doors shall be kept closed after 21:00 hours, or at any time regulated entertainment takes place, except for the immediate access and egress of persons.

                                          

Condition 30

 

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.

 

 

Representations Received

 

·       Licensing Authority - represented by Karyn Abbott.

·       The Soho Society - represented by Richard Brown (Citizens’ Advice Bureau) and Tim Lord.

·       Representations made by Environmental Health had been withdrawn following agreement to amendments by the Applicant.

 

 

Summary of issues raised by objectors (relating to the amended terminal hour for late night refreshment and the opening hour)

 

·       The extension of hours for late night refreshment and the opening hour would fail to promote the licensing objectives of the prevention of crime and disorder, prevention of public nuisance and public safety in the Cumulative Impact Area.

·       The Premises will be attractive to people who have been drinking at bars and nightclubs which goes directly against the policies for Cumulative Impact Areas.

·       The current license was only granted in January 2020, and the Applicant has failed to provide any information on the application or the rationale of seeking this extension in such a short space of time. 

·       Residents will be disturbed by customers leaving the premises at a later hour, which will add to public nuisance and anti-social behaviour and have a detrimental impact on residential amenity. 

·       The Soho Society have indicated that this is the latest in a series of applications for significantly extended hours in Soho and are concerned this trend will continue as the result of the effect of COVID on the hospitality industry. Whilst they acknowledge the difficulties for restaurants, bars, cinemas and theatres, they point out that the Statement of Licensing Policy 2016 remains the same, and they also maintain their position that there needs to be a balance between the late-night economy and residential amenity. They state that they consider this balance has for some time been in favour of late-night premises which in turn has led to a deterioration and reduction in residential amenity. The view of the Soho Society is that the way for Soho to thrive post COVID is for rents and rates to fall rather than by extending licences.

 

Policy Position

 

The Premises was located within the West End Cumulative Impact Area and as such various policy points had to be considered, namely CIP1, HRS1 and RNT2. The Applicant had to demonstrate how the Premises would not add to cumulative impact in the West End Cumulative Impact Area.

 

 

DECISION

 

Mr O’Maoileoin presented the application on behalf of Istanbul Street Food Limited, and highlighted the substantial amendments that had been made to the application to address the concerns raised by Environmental Health and local residents. In particular, the request to extend the hours for the sale of alcohol had now been withdrawn. The Applicant had also proposed two further conditions (Model Conditions 14 and 24) which related to the closing of doors and windows at 21.00; and the provision of a contact telephone number for local residents.  Mr O’Maoileoin confirmed that a risk assessment for the Premises had been prepared, to identify what measures could be taken to ensure social distancing in response to Covid-19.

 

Mr O’Maoileoin also referred to the suggestion that the application could be granted for a trial period. He asserted that Westminster Council itself did not support such an approach in its own policy.  

 

Mr O’Maoileoin suggested that the response of the Metropolitan Police and Environmental Health was one of the best indicators of whether a premises was going to cause concern for crime and disorder and public nuisance. Mr O’Maoileoin confirmed that no representations had been made by the Police, and that the representations made by Environmental Health had been withdrawn following amendments being agreed.   

 

Ms Abbott addressed the Sub-Committee, and confirmed that the Licensing Authority had maintained their representation due to the potential cumulative impact and the application still being beyond core hours.

 

Mr Brown addressed the Sub-Committee on behalf of the Soho Society, and commented that while the amendments made to the application were welcome, the representations that had been made remained relevant as the hours being sought were still 01.00 Friday and Saturday. Although the Soho Society recognised the pressures on business and residents that had been caused by the Covid-19 epidemic, the licensing policies still applied. Mr Brown noted that the Premises were situated within a busy part of the West End Cumulative Impact Area, and a balance was needed between the late night economy and residential amenity. Mr Brown acknowledged that the impact of the forthcoming Business & Planning Bill was unknown and could affect the hours in which alcohol could be sold, and submitted that the Applicant would still need to demonstrate that that the application would not add to cumulative impact.

 

Mr Lord also commented on behalf of the Soho Society, and highlighted the impact of late night noise and drinking on residents which made it more difficult to maintain a residential community. The Soho Society had noted that the number of licenced premises continued to increase, with 75 currently operating in the Soho Area until 02.30, and had supported the bars and restaurants who had observed core hours.  The Soho Society were concerned that granting extensions beyond core hours in response to the current Covid-19 uncertainty could further undermine Soho as a community.

 

The Sub-Committee sought clarification as to how the hours for off sales could be affected by the Business & Planning Bill. Mr Panto advised that although off sales were restricted by current conditions, the new legislation could have an impact by permitting off sales to match on sales. It later became apparent that the actual legislation restricted off-sales granted pursuant to that legislation to no later than 23.00 hours.

 

The Sub-Committee also sought clarification of the nature of the operation and the food offered, and on restricting the consumption of alcohol on Friday and Saturday evenings. Mr O’Maoileoin confirmed that the restaurant offered a Mediterranean style menu with an emphasis on vegetarian and vegan dishes; and also confirmed that the Applicant would agree to the licence being subject to a further condition providing that the consumption of alcohol on the premises must cease at midnight on Friday and Saturday nights.

 

Mr O’Maoileoin informed the Sub-Committee that the Applicant operated another restaurant in Clapham High Street that had the benefit of later hours; and that submitting an application to extend permitted hours for the restaurant in Windmill Street soon after the granting of the original premises licence had always been intended as part of the business model. In closing, he also made the point that many residents lived in Great Windmill Street and none of them had made a representation against the application.  

 

The Committee decided that the Applicant had provided valid reasons as to why the granting of the application would not add to cumulative impact in the Cumulative Impact Area and would thus promote the licensing objectives. There was no policy to refuse the application and the additional hours now sought were in the context of the premises operating as a fully conditioned restaurant which would also mean that it could not operate as a fast food premises at any time. Of particular importance was the concession made by the applicants during the hearing that the consumption of alcohol would cease at midnight.     

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, and after taking into account all of the individual circumstances of this case, the Licensing Sub-Committee decided to grant the application.

 

In reaching their decision, the Sub-Committee had noted that no representations had been received from the Metropolitan Police objecting to the application; and that the representations made by the Environmental Health Service had been withdrawn following the Applicant agreeing to further conditions. The Sub-Committee had also acknowledged the measures taken by the Applicant to address the concerns of local residents, by amended the closing hour and terminal hour for late night refreshment to 01.00 Friday and Saturday; and by withdrawing the application for the increase in hours for the sale of alcohol from the application.

 

 

 

The Licensing Sub-Committee fully appreciated the concerns of the Soho Society about the ever-increasing hours being granted for licensable activities in the Soho area, but did feel that the granting of the application, as amended, was a proportionate response in all the circumstances that would promote the licensing objectives,  

 

 

The application is granted subject to the following conditions in addition to the Mandatory conditions applicable to this type of application:

 

9.        Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

10.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

11.      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.

 

12.      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.

 

13.      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.

 

14.      The number of seated persons (excluding staff) shall not exceed 15 persons on the ground floor of the premises.

 

15.      No deliveries to the premises shall take place between 23.00 and 07.00 on the following day.

 

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

 

17.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 07.00 hours on the following day.

 

18.      No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 07.00 on the following day.

 

19.      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 refusal of the sale of alcohol

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

 

20.      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.

 

21.      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.

 

22.      Before the premises are open to the public, the plans deposited with the application (or subsequently substituted plans where there have been changes to layout) will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed.

 

23.      The premises shall only operate as a restaurant

 

(i)        in which customers are shown to their table,

(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 using non disposable crockery,

(iv)      which do not provide any take away service of food or drink after 23.00, and

(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.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

24.      All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

25.      There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

26.      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.

 

27.      There shall be no self-service of alcohol.

 

28.      Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.

 

29.      All windows and external doors shall be kept closed after 21:00 hours, or at any time regulated entertainment takes place, except for the immediate access and egress of persons.

 

30.      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.

 

31.      The consumption of alcohol on the premises must cease at midnight on Friday and Saturday nights.

 

 

 

 

September 2020