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Agenda item

1.00 PM: Kin Café, Basement & Ground Floor, 22 Foley Street, London W1W 6DT

Ward
SCZ *

Site Name & Address

Application
Type

Licensing Reference No.

West End

N/A

Kin Café
Basement & Ground Floor
22 Foley Street
London
W1W6 6DT

New Premises Licence

20/11005/LIPN

* Special Consideration Zone

 

Minutes:

Present:                            Noel Samaroo, Solicitor (NTAD Consultants Ltd).

Representations:             Representations had been received from the                                           Environmental Health Service (EHS); and the Metropolitan                                           Police Service (MPS) (subsequently withdrawn); and two                                           local residents (not in attendance).

Applicant:                        Araz Farm Feed Ltd

Ward:                                St James’s West End

CIA[1]:                                 N/A

SCZ[2]:                                N/A

Summary of Application

The application was for a new premises licence.

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub-Committee and the Council Officers who would be supporting the Sub-Committee. The Chairman explained the procedure that would be followed at the meeting before inviting the Presenting Officer, Ms Donovan to present the report.

PRESENTATIONS AND SUBMISSIONS

Presenting Officer

Ms Jessica Donovan, Senior Licensing Officer

Ms Jessica Donovan summarised the application set out in the report before the Sub-Committee. She advised that the Sub-Committee had before it an application for a new premises licence which intended to operate as a restaurant.  The Sub-Committee heard that the applicant had requested Sale by Retail of Alcohol (On Sales) Monday to Thursday: 10:00 to 22:30, Friday to Saturday: 10:00 to 23:30 and Sunday: 12:00 to 22:30 but that during consultation the applicant had agreed to reduce the hours for the sale of alcohol on Sundays to 12:00 to 22:30.  The Sub-Committee further noted that the applicant had also reduced the opening hours on Sundays to 10:00 to 23:00.

Applicant

Mr Noel Samaroo, Solicitor (NTAD Consultants Ltd) on behalf of the applicant

During the course of his presentation, Mr Samaroo advised that the premises had been operating for four years and that patrons had been allowed to ‘bring their own’ alcohol to the premises to consume with their meal.  The Sub-Committee noted that it was a very small premises and that the applicant now wished the premises to be regulated so that he could control what alcoholic drinks his customers were consuming with their meals.

Mr Samaroo advised that the applicant had been surprised to receive representations against the application from local residents as he had never received any noise complaints.  Mr Samaroo emphasised that he was disappointed that the residents were not in attendance at the hearing as he would have liked to explore and hopefully alleviate their concerns regarding the new proposed licence. 

In response to Members’ questions, Mr Samaroo provided the following information.

(a)  There had been no noise complaints regarding patrons eating and drinking in the outside area of the premises in the past four years.  Mr Samaroo confirmed that the outside area was used until 11pm when the weather permitted.

(b)  The premises had been trading as Kim Café for the past four years.

(c)  The benches and tables were within the private boundary of the premises and not situated on the public highway.  Mr Samaroo confirmed that once the tables and benches were taken down only four people would be allowed to smoke outside of the premises.  Mr Samaroo further confirmed the plan of the premises was accurate.

Responsible Authorities

Mr Anil Drayan, Environmental Health Service (EHS)

The Sub-Committee heard that Environmental Health and two local residents had maintained their representation against the application on the grounds that the supply of alcohol and the hours requested may have the effect of increasing Public Nuisance in the area.  The Sub-Committee noted, however, that Environmental Health considered that the proposed conditions setting out that all alcohol sold would be ancillary to a meal would alleviate resident’s concerns and that the premises was well managed. The Sub-Committee further noted that the Police had withdrawn their representation. 

QUESTIONS BY OFFICERS

In response to questions regarding the existing and proposed conditions attached to the Premises Licence, by the Sub-Committee’s Legal Officer, Ms Vivien Walker, Mr Samaroo provided the following information.

(a)  The opening hours for Sunday trading had already been agreed with the police and the sale of alcohol would not commence until noon.

(b)  The premises only had the capacity for 20 patrons. 

(c)   The Environmental Health Officer confirmed that he was happy with the proposed condition regarding smoking to be attached to the premises licence.

SUMMING UP

At this stage of the proceedings, the Chairman invited the various parties who had made representations to sum up their representations, if they so wished.

Both Mr Samaroo and Mr Drayan stated that they had nothing further to add to the representations they had already made.

ADJOURNMENT

At this stage in the proceedings, the Chairman adjourned the meeting to allow Members to retire to consider their decision. Cllr Scarborough stated that the Sub-Committee would not announce its decision today but that a summary of the Decision would be sent to the various parties within five working days.

The Chairman then closed the live part of the virtual meeting.

DECISION

It was the Sub-Committee’s decision to Approve the application, as set out in the Summary & Full Reasoned Decision attached to these Minutes as Appendices 3&4.

REASONS FOR THE DECISION

Having read the report by the Director of Public Protection and Licensing that was before it; the written submissions of the applicant and those parties objecting to the application; and, having heard presentations and representations by, and/or on behalf of, those parties present at the proceedings, as well as the responses by those parties to questions put to them by Members of the Sub-Committee, the Sub-Committee was satisfied that, in accordance with the Home Office Guidance,[3] and on the evidence before it, it was reasonable, appropriate and proportionate, in all the circumstances, to APPROVE the application.

In reaching its decision, the Sub-Committee took the following matters into consideration –

1.    The Applicant has agreed conditions with all the responsible Authorities.

2.    The Metropolitan Police Service (MPS) had withdrawn their representations following consultation.

3.    The applicant following consultation with the responsible authorities had reduced their hours for the sale of Alcohol on Sundays to 12:00 to 22:30 and their opening hours on Sunday to 10:00 to 23:00.

4.    The Premises had been operating for four years and had no history of complaints.  The Sub-Committee noted that the applicant now wished for the premises to be properly regulated with a premises licence.

5.    The Sub-Committee was of the opinion that the conditions imposed on the premises licence were appropriate and would ensure the licensing objectives were promoted. 

6.    The Sub-Committee further considered that if any problems were experienced than an application for a review of the Premises Licence could be made by local residents.

The meeting ended at 1.30 PM

 

 

Chairman:                                                             Date:

 



[1] Cumulative Impact Area

[2] Special Considerations Zone

[3] Revised Guidance issued under section 182 of the Licensing Act 2003, April 2018

Supporting documents: