Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bryanston and Dorset Square None* None**	60 Crawford Street,        W1H 4JS	New Premises Licence	21/06391/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.2

(“The Committee”)

 

Wednesday 3 November 2021

          

Membership:      Councillor Tim Mitchell (Chairman) Councillor Louise Hyams and Councillor Rita Begum

 

Officer Support:      Legal Advisor:               Viviene Walker

                                  Policy Officer:                Aaron Hardy

                                  Committee Officer:        Sarah Craddock

                                  Presenting Officer:        Emanuela Meloyan              

Application for a New Premises Licence in respect of 60 Crawford Street London W1H 4JS – 21/06391/LIPN

 

FULL DECISION

Premises

 

60 Crawford Street

London

W1H 4JS

  

Applicant

 

Ta Turu Store Limited

Represented by Mr Charles Denny, Licensing Consultant, Innpacked Ltd and

Mr Fabri, Company Director, Ta Turu Store Limited.

 

Cumulative Impact Area?

N/A

Ward

Bryanston and Dorset Square Ward

 

Proposed Licensable Activities and Hours

 

Retail Sale of Alcohol (On and Off Sales)

 

Monday to Sunday 11:00 to 23:00

 

Seasonal Variation: None

 

Hours Premises are Open to the Public

 

Monday to Sunday 09:00 to 23:15

 

Seasonal Variation: None

 

Representations Received

 

·       The Metropolitan Police Service (Withdrawn 25 August 2021)

·       Environmental Health Service – Anil Drayan

·       Five Local Residents from Crawford Street, W1

 

Policy Considerations

 

HRS1 - Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.  Applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies, and with particular regard to the demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.

 

RTN1 - Applications outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1.  The hours for licensable activities being within the Council’s Core Hours Policy HRS1.

 

Summary of Objections

·       Environmental Health stated that the supply of alcohol and for the hours requested may have the effect of increasing public nuisance in the area;

·       Local residents were concerned about noise nuisance and cooking smells.

 

Summary of Application

This is an application for a New Premises Licence under the Licensing Act 2003

(“The Act”).  The Premises propose to operate as a Café.  The Premises are within the Bryanston and Dorset Square Ward but not within the West End Cumulative Impact Zones. There is a resident count of 390.

 

 

 

SUBMISSIONS AND REASONS

Ms Emanuela Meloyan, Senior Licensing Officer, 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 café. The Sub-Committee heard that the applicant had requested Sale by Retail of Alcohol (On and Off Sales) Monday to Sunday:11:00 to 23:00.  The Sub-Committee noted that the Environmental Health Service and five local residents had made representations against the application and that the Metropolitan Police Service had withdrawn their representation on the 25 August 2021, after the Applicant had agreed with their proposed conditions.  The Sub-Committee noted that the Premises were situated in the Bryanston and Dorset Square Ward but not in a Cumulative Impact Zones.

 

Mr Denny, Licensing Consultant, acting on behalf of the Applicant, advised that the Premises had been trading for four weeks as an upmarket French/Maltese creperie (without alcoholic beverages) and would now like to sell alcoholic traditional beverages that complimented their crepes. He advised that their customers included local residents who welcomed the offer of freshly made food made to order.  He outlined that their menu varied from simple Nutella, strawberries and cream crepes to deluxe goat cheese, fois gras, smoked salmon and Siberian caviar crepes. 

Mr Denny advised that the Metropolitan Police Service had withdrawn their representation after the Applicant had agreed to all their proposed conditions.  He further advised that that the Applicant had also agreed all the Environmental Health Services’ proposed conditions. The Sub-Committee noted that these conditions should alleviate the resident’s concerns regarding noise nuisance, public safety and cooking smells emanating from the Premises.

Mr Denny advised that the Applicant had reached out to the residents by way of a hand delivered letter, which was attached at Appendix 2 of the report, which had led to one resident withdrawing their representation.  Mr Denny further advised that it was the Applicant’s understanding that the remaining objectors had met earlier in the week and had been minded to collectively withdraw their representations.  The Licensing Service confirmed that they had not received confirmation that the residents had withdrawn their representations against the application.

Mr Denny explained that the Applicant wished to conform fully with Westminster’s Licensing Objectives and Core Hour Policy and therefore wished to amend their application so that Sale by Retail of Alcohol (On and Off Sales) on Sundays ceased at 22:15 and the Premises closed on Sundays at 22:30.  Mr Denny hoped this would further alleviate the concerns expressed by local residents regarding Sunday trading.  The Sub-Committee noted that the capacity of 25 patrons had been agreed between the Applicant and the Environmental Health Service. 

 

Mr Denny concluded that the two directors of Ta Turu Store Ltd were very passionate about their business and would make every effort to become part of the community and have a good relationship with their neighbours. 

 

In response to Members’ questions, Mr Denny and Mr Fabri provided the following information:

(a)  The application was being amended on Sundays to cease the sale of alcohol at 22.15 and then close at 22:30.

(b)  The residents had informed them that they were withdrawing their representations against the application.

(c)   There were two tables with four chairs situated outside of the Premises.  There was also an awning to prevent customers getting wet and a moveable heater.  Mr Fabri confirmed that the tables, chairs and heater were taken into the Premises at 22:00 every evening.

(d)  Wine, Champagne and traditional French cider would be sold at the Premises as these were the alcoholic beverages that went well with crepes.  Mr Fabri confirmed that there would not be a wide range of spirts or lagers available as there would not be sufficient demand for these drinks because of the nature of the Premises.

(e)  Off sales of alcohol would not be a significant part of the business and would mainly involve the sale of niche French ciders and wines in sealed containers/bottles.

Mr Anil Drayan, representing the Environmental Health Service, advised that he was present at the hearing to assist the Sub-Committee because residents had maintained their representations 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. He confirmed that Environmental Health were satisfied with the application and that the Applicant had agreed to all their proposed conditions which should alleviate the resident’s concerns regarding cooking smells and noise nuisance.  He advised that condition 35 (the works condition) could be removed from the list of conditions as the works at the Premises had been carried out to a high standard.  Mr Drayan then explained that under the Environmental Protection Act, Environmental Health could act if the Premises decided to change their type of food operation.  The Sub-Committee noted that the Environmental Health Service had explained to the Applicant the consequences of changing their food operation.  The Sub-Committee further noted that the Police had withdrawn their representation.

The Sub-Committee discussed with the Applicant how the Premises would manage smokers and whether the smoking model condition should be added to the Premises Licence.  Mr Fabri suggested he could place ‘No Smoking’ signs outside of the Premises, however, Mr Drayan advised against this as smokers would then move to stand outside neighbouring Premises.  Mr Drayan further advised that it was not necessary to add a smoking condition due to the nature of the Premises.  Mr Fabri confirmed that his staff would keep a close eye on the outside area and would monitor the number of smokers to ensure that smoke did not cause a nuisance to residents.

The Sub-Committee noted that the Applicant had made every effort to communicate with the residents who had made representations against the application.  The Sub-Committee were further pleased that the Applicant had reduced the hours for sale of retail of alcohol and the closing hours on Sunday.

Conclusion

The Sub-Committee were grateful to all parties for their representations. They noted that they have a duty to determine each application on its individual merits. In this case, the Committee had to consider whether to grant a premises licence for a restaurant which had been operating for the past four weeks without an alcohol licence.

The Committee placed weight on the fact that conditions had been agreed with all responsible authorities, noting that the Police representation had been withdrawn. Furthermore, the applicant following consultation with the responsible authorities had reduced their hours for the sale of Alcohol on Sundays to 11:00 22:15 and their opening hours on Sunday to 11:00 to 22:30.

In light of the consultation with responsible authorities leading to agreed conditions, the Committee considered that the premises licence would promote the licensing objectives.  The Sub-Committee further considered that if any problems were experienced then an application for a review of the Premises Licence could be made by local residents.

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided , after taking into account all the circumstances of this application and the promotion of the licensing objectives to grant the application with the following permissions:

 

1.     To grant permission for the Sale by Retail of Alcohol On and Off the Premises Monday to Saturday 11:00 to 23:00 Sunday 11:00 to 22:15 hours.

 

2.     To grant permission for the Hours Premises are Open to the Public Monday to Saturday 09:00 to 23:15 Sunday 09:00 to 22:30 hours.

 

3.     That the Licence is subject to any relevant mandatory conditions.

 

4.     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

 

9.        Sale of alcohol for consumption on the premises will be ancillary to food.

 

10.      There shall be no vertical drinking at the premises.

 

11.      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 are 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.  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.

 

12.      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 are 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.

 

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

 

14.      All tills in the shop area, shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

15.      No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles and cans.

 

16.      No single cans or bottles of beer or cider or spirit mixtures shall be sold at the premises.

 

17.      Outside of the hours authorised for the sale of alcohol and whilst the premises are open to the public, the licence holder shall ensure that all alcohol within the premises shop area, (including alcohol behind the counter) is secured in a locked storeroom or behind locked grilles, locked screens or locked cabinet doors so as to prevent access to the alcohol by both customers and staff.

 

18.      No more than 15 % of the sales area within the shop, shall be used at any one time for the sale, exposure for sale, or display of alcohol.

 

19.      There shall be no self-selection of spirits on the premises, save for spirit mixtures less than 5.5% ABV.

 

20.      No miniature bottles of spirits of 20 cl or below shall be sold from the premises.

 

21.      Prominent signage indicating the permitted hours for the sale of alcohol shall be displayed so as to be visible before entering the premises, where alcohol is on public display, and at the point of sale.

 

22.      A Challenge 21 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.

 

23.      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.

 

24.      All outside tables and chairs shall be rendered unusable or removed by 22.00 hours each day.

 

25.      The supply of alcohol at the premises shall only be to a person seated taking a substantial table meal there, served by waiter/waitress service there and for consumption by such a person as ancillary to their meal.

 

26.      The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 25 persons.

 

27.      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.

 

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

 

29.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

30.      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.

 

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

 

32.      No waste or recyclable materials, including bottles, shall be moved, removed from, or placed in outside areas between 19.00 hours and 07.00 hours on the following day.

 

33.     No collections of waste or recycling materials (including bottles) from the premises shall take place between 19.00 and 07.00 hours on the following day.

 

34.      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.

 

This is the Full Decision reached by the Licensing Sub-Committee.

This Decision takes immediate effect.

Licensing Sub-Committee
3 November 2021