Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End West End* None**	Basement and Ground Floor, 16 Manette Street,      WIF 4AR	New Premises Licence	21/04707/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 23^rd September 2021

 

Membership:           Councillor Jim Glen (Chair), Councillor Louise Hyams and Councillor Maggie Carman

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

Application for a New Premises Licence 21/04707/LIPN

 

Full Decision

 

Premises

 

Basement and Ground Floor

16 Manette Street

London

W1D 4AR

 

Applicant

 

Mr Brian Kavanagh

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

Ward

 

West End

 

Special Consideration Zone

 

None

 

Summary of Application

 

This is an application for a new Premises Licence.  The Premises proposes to operate as an Italian restaurant with a capacity of 40 customers, excluding staff, and would operate with licensable activities authorising the sale of alcohol (on the Premises) between 11:00 to 22:30 Monday to Sunday. The original application had sought Live and Recorded Music however this aspect of the application had been withdrawn and was no longer sought by the Applicant. The Environmental Health Service, the Metropolitan Police Service and the Licensing Authority had maintained their representations as they all had concerns as to how the Premises would promote the four Licensing Objectives.  The Premises was not situated in a residential area.

 

 

Activities and Hours applied for

 

Retail Sale of Alcohol [On Sales]

 

Monday to Sunday 11:00 to 22:30

Sunday 06:30 to 00:00

 

Seasonal Variation/Non-Standard Timings:  None

 

Hours premises are open to the public

 

Monday to Sunday 07:00 to 23:00

 

Adult Entertainment: None

 

Representations Received

 

·       Metropolitan Police Service (PC Reaz Guerra)

·       Environmental Health Service (“EH”) (Maxwell Koduah)

·       Licensing Authority (Roxana Haq)

·       The Soho Society

·       3 Local Residents

 

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of undermining the Licensing Objectives in a locality where there was traditionally high levels of crime and disorder.

 

·       There was insufficient detail within the operating schedule to promote the Licensing Objectives.

 

·       The Premises was located within the West End Cumulative Impact Area and therefore the applicant had to demonstrate exceptional circumstances to allow the Sub-Committee to depart from policy.

 

Policy Position

 

The Premises is located within the West End Cumulative Impact Area and as such various policy points under the City Council’s Statement of Licensing Policy (SLP) must be considered, namely CIPI, HRSI and RTNI.

 

SUBMISSIONS AND REASONS

 

Kevin Jackaman Presenting Officer summarised the application for the purposes of the Sub-Committee. He advised that this was an application for a New Premises Licence for an Italian Restaurant in respect of Basement and Ground Floor, 16 Manette Street, W1D 4AR.  The Applicant had applied for a Premises capacity of 40 customers, excluding staff, and licensable activities authorising the sale of alcohol (on the Premises) between 11:00 to 22:30 Monday to Sunday.  He further advised that additional submissions had been received from the Police which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Mr Brian Kavanagh the Applicant addressed the Sub-Committee and provided a detailed overview of the intended operation of the Premises which was to sell pizza and pasta with a glass of wine.  He confirmed that alcohol such as wine and beer (no cocktails) would only be served ancillary to a table meal and that the model restaurant condition would be attached to the Premises Licence. He explained that the Premises would be a unique addition to the area and would stand out amongst the chain restaurants/cafes that were popping up all over the West End.  He commented that people came to the West End to experience something unique and different from the ‘ordinary’ and this was what he was offering with this new restaurant.  He advised that there would be no live music at the Premises.  He explained that the Premises had a capacity of 40 customers, excluding staff (20 in the basement and 20 on the ground floor).  He further explained that he would apply for a variation to the Premises Licence to have table and chairs outside in the new pedestrian area when the building works in the surrounding vicinity had been completed.  He emphasised that he had not applied for any Temporary Event Notices (TENs) and Environmental Health confirmed that the TENs related to the Premises next door and this was noted by the Sub-Committee.  Mr Kavanagh highlighted that the Premises was not situated in a residential area and there had been no residential objections to the application.

 

Mr Maxwell Koduah, representing the Environmental Health Service, advised that the Applicant had agreed to all the proposed conditions and that he was pleased that the Applicant had agreed to operate within the Council’s Core Hour Policy. He advised that the Environmental Health Service had yet to do a site visit, so the works conditions had to remain on the licence until such time an inspection had been completed.

 

PC Reaz Guerra, representing the Metropolitan Police Service, advised he was pleased that the Applicant had now agreed to operate within the Council’s Core Hour Policy.  He stated that he would like Mr Kavanagh to accept the proposed condition 22: ‘Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall not be permitted to take glass containers with them’.  Mr Kavanagh confirmed that he accepted this condition and would not let patrons take glass containers outside of the Premises.  He further confirmed that he had accepted all the proposed conditions that the Responsible Authorities had requested during the consultation period.

 

Roxana Haq, representing the Licensing Authority, advised that they had maintained their representation as the Premises was located in the West End cumulative impact zone.  She further advised that it was therefore for the Applicant to demonstrate that the operation of the Premises would not add to cumulative impact and in addition demonstrate to the Sub-Committee the exceptional circumstances which would allow it to depart from the Council’s Licensing Policy.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and concluded based on the evidence before it that the application would not add to cumulative impact when considering the likely impact the application would have on the West End Cumulative Impact Zone, noting that premises that operate as a restaurant do not have to prove an exception as provided for under Paragraph D25 on page 29 of the SLP so there is no presumption to refuse such an application.

 

The Sub-Committee noted also that the Premises capacity was small with just 40 covers and that the style, nature and character of the Premises was that of an old style Italian restaurant serving traditional food consisting of pizza and pasta with a uniqueness of an “art deco” theme that will add to the overall experience and ambience for diners. The Sub-Committee further noted that there had been no residential objections to the application.  It was also recognised that this would be a unique restaurant which would offer something different to visitors to the West End and that the model restaurant condition was to be adopted and imposed on the Premises Licence meaning that alcohol had to be served to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal along with waiter and waitress service.

 

The Sub-Committee was confident based on the various undertakings given by the Applicant that he would be a responsible operator that would run his premises well in accordance with the promotion of the licensing objectives, compliance of conditions as well as engage fully with local residents and the Responsible Authorities on any potential issues that might arise.

 

The Sub-Committee considered in the full circumstances of the case that exceptional reasons had been demonstrated which allowed it to depart from policy. The Sub-Committee was pleased to note that the Applicant had agreed all the proposed conditions with the Responsible Authorities and that it would operate as a restaurant within the Council’s Core Hours Policy.  . 

 

Having taken into account all the evidence and the individual circumstances of this case the Sub-Committee was satisfied that the Applicant had provided valid reasons and that the application was suitable for the local area and had addressed any concerns raised. The Applicant had demonstrated that there were exceptional circumstances which would allow the Sub-Committee to depart from policy in granting the application, which was considered appropriate, with the conditions considered proportionate and restrictive enough to ensure that it promoted the licensing objectives and did not add to cumulative impact.

 

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -    

 

1.        To grant permission for the Retail Sale of Alcohol (On and Off) Monday to Sunday 11:00 to 22:30 Seasonal Variation: None

 

2.        To grant permission the Hours the Premises are Open to the PublicMonday to Sunday 07:00 to 23:00  Seasonal Variation/Adult Entertainment: None

 

3.        To add conditions in the terms specified below.

4.        That the licence is subject to any relevant mandatory conditions. 

5.        That the licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing

 

6.        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.

 

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

 

8.        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.

 

9.              A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity

 

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

 

11.           No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day

 

12.           No collections of waste or recycling materials (including bottles) from the premises shall take place between 23.00 and 08.00 hours on the following day

 

13.           No deliveries to the premises shall take place between 23.00 and 08.00 hours on the following day

 

14.           The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there and for consumption by such a person as ancillary to their meal.

 

For the purpose of this condition a ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table

 

15.           The supply of alcohol shall be by waiter or waitress service only

 

16.           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

 

17.           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

 

18.           A Challenge 21 or 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

 

19.           Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall not be permitted to take glass containers with them

 

20.           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

 

21.           No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined, not to exceed 40, excluding staff.

 

 

 

22.           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

 

26.      (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.

(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.

(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

27.      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.

 

28.      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, searching equipment or scanning equipment (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service.

 

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

 

The Licensing Sub-Committee

23 September 2021