Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Churchill None* None**	30A Pimlico Road,     SW1W 8LJ	New Premises Licence	21/05866/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 30A Pimlico Road London SW1W 8LJ – 21/05866/LIPN

 

FULL DECISION

Premises  

 

30A Pimlico Road

London

SW1W 8LJ

 

Applicant

 

Kr Coffee Limited

Represented by Ms Nicky Bushnell

 

Cumulative Impact Area?

N/A

Ward

Churchill Ward

 

Proposed Licensable Activities and Hours

 

Retail Sale of Alcohol (On Sales)

 

Monday to Sunday 09:00 to 22:00

 

Seasonal Variation: None

 

Retail Sale of Alcohol (Off Sales)

 

Monday to Saturday 08:00 to 22:00

Sunday 09:00 to 22:00

 

Seasonal Variation: None

 

Hours Premises are Open to the Public

 

Monday to Sunday 07:00 to 22:00

 

Seasonal Variation: None

 

Representations Received

 

·       The Metropolitan Police Service (Withdrawn 15 July 2021)

·       Environmental Health Service – Ian Watson

·       Three residents against the application

·       Councillor Begum against the application.

·       One resident in support of the application.

 

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, provision of Recorded Music both indoors and outdoors  and for the hours requested may have the effect of increasing public nuisance in the area. (The Applicant has now withdrawn recorded music from the application).

·       Environmental Health were further concerned about odour nuisance and how internal noise transference shall not occur through party wall connections.

·       The plans indicate external areas, but it is not clear if these are part of the public highway or private forecourt.

·       Local residents were concerned about the opening and closing times, noise nuisance, intoxicated people and cooking smells.  They were also concerned about the tables and chairs on the pavement at 6.30am in the morning and the removal of them in the evenings. The residents noted that this would be the second licensed business serving alcohol directly opposite a very culturally diverse primary school, which will include some cultures that cannot step anywhere where alcohol is consumed, making Orange Square a non- inclusive space.

·       Councillor Liza Begum was concerned that another coffee shop in the area would only cause more noise disruption and ASB for Coleshill residents.

·       One resident in support of the application stated that she fully supported the new café on Orange Square/Pimlico Road and considered that it would bring much needed life to the square and provides lacking amenity to residents, businesses, guests and shoppers.

 

 

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 coffee shop.  They will also sell Danish mulled wine in take away cups and bottles.  The Premises have the benefit of a tables and chairs licence.  The Premises are within the Churchill Ward but not in the West End Cumulative Impact Zone nor the Special Consideration Zone.  There is a resident count of 231.

 

 

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 application was for a New Premises Licence which intended to operate as a coffee shop. The Sub-Committee heard that the applicant has applied for various licensable activities.   The Sub-Committee noted that representations have been received from Environmental Health Service and local residents and the representations received from the Police were withdrawn. The Sub-Committee further noted that the Premises are situated within the Churchill Ward but not in the West End Cumulative Impact Zones.

 

Ms Nicky Bushnell, on behalf of Hagen the Applicant, advised that the Premises would be operated as a Danish coffee shop which would predominantly sell coffees.  She advised that the business had just moved into Pimlico Road and was doing really well with lots of local people coming in every single day to purchase coffee.  Ms Bushnell explained that the reason that Hagen had applied for a Premises Licence was so that during the Christmas period the Premises could serve the Danish version of mulled wine called Glogg (basically red wine, orange juice and different spices like cinnamon and star anise) on the Premises and in bottles for customers to take home. She explained that the Premises would also like the opportunity to sell rose wine during the summer months.  Ms Bushnell confirmed that the Premises would be closing at 6pm like their other sites in London which also had alcohol licences to sell mulled wine during the winter months.

 

In response to questions from the Sub-Committee, Ms Bushnell advised that Hagen would like to retain the flexibility to sale a range of alcohol as the company were considering selling expresso martinis and Aperol Spritzers in the future.  She explained that rye bread snacks and filled croissants with a choice of smashed avocado, mozzarella, Parma ham, smoked salmon and cream cheese were sold at the Premises so that customers could have a bite to eat along with their coffee/mulled wine.  She advised that she had not communicated with the residents who had objected to the application but confirmed that she would invite them to the Premises for coffee to demonstrate that they were responsible operators.  She emphasised that there would be no loud music played at the Premises.

 

Ms Bushnell stated that their bins were collected at 8am in the morning and outlined that all their furniture had rubber feet and was super light deliberately so that all staff members could move it without causing noise nuisance to their customers.  She advised that their customers consisted of both local residents and people on their way to work and they had been super busy since opening the Premises.

 

Ms Bushnell advised that it would be unlikely for the coffee shop to sell mulled wine for consumption on the Premises during the early hours of the morning unless someone was feeling particularly festive, and that most sales of mulled wine would be sold in bottles and consumed at home.  She outlined that when mulled wine was sold for consumption on/off the Premises it would be served in takeaway coffee cups with sealed lids.  She emphasised that she would be mindful of the anti-social behaviour in the area and the number of smokers outside of the Premises would be monitored.

 

Mr Ian Watson, 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 outlined the residents’ concerns regarding the potential for public nuisance especially noise from the external tables and chairs being in close proximity of the residents’ block and potential obstruction of the pavements.  He confirmed that Environmental Health were pleased that recorded music had been withdrawn and the operating hours were well within the Council’s core hours policy.  He further 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. 

Mr Watson then discussed with the Sub-Committee the condition that needed to be added to the Premises licence regarding the sale and supply of alcohol for consumption off the Premises and the following condition was agreed to be added to the Premises Licence - ‘The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway OR in sealed containers or takeaway cups only’.  Mr Watson advised that the Premises would still need to comply with the collection times as stated on Westminster’s website for Pimlico Road.  He referred to the plan attached to their pavement licence and advised that he was satisfied with these arrangements.  The Sub-Committee further noted that the Police had withdrawn their representation.

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 coffee shop which wished to sell mulled wine during the Christmas period as well as rose wine during the summer months.

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 withdrawn their request for recorded music on the Premises.

In light of the consultation with Responsible Authorities leading to agreed conditions, the Committee considered that the grant of the Premises Licence would promote the licensing objectives. 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.

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 Retail Sale of Alcohol (On Sales) Monday to Sunday 09:00 to 22:00 hours.

 

2.     To grant permission for the Retail Sale of Alcohol (Off Sales) Monday to Saturday 08:00 to 22:00 Sunday 09:00 to 22:00 hours.

 

3.     To grant permission for the Hours Premises are Open to the Public Monday to Sunday 07:00 to 22:00 hours.

 

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

 

9.       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.

 

10.      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.

 

11.     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.

 

12.      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.

 

13.      The supply of alcohol at the premises including any permitted external area appropriately authorised for the use of tables and chairs on the highway, shall only be to a person seated.

 

14.      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.

 

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

 

16.      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.      There shall be no self-service of Alcohol.

 

18.      The sale and supply of alcohol for consumption off the premises shall be restricted to alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway OR in sealed containers or takeaway cups only.

 

19.      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.

 

20.      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.

21.      There shall be no sale of draught beers at the premises.

 

22.      All outside tables and chairs shall be rendered unusable or removed by 22:00 hours each day.

 

23.      The number of persons permitted in the outside area at any one time shall not exceed 15 persons.

 

24.      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.

 

25.      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.

 

26.      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.

 

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

 

28.      No waste or recyclable materials, including bottles shall be moved, removed from, or placed in outside areas between 22:00 hours and 08:00 hours on the following day unless it is during the times for the Council’s own waste collection service as stated on its website for the street.

 

29.      No collection of waste or recyclable materials, including bottles from the premises shall take place between 22:00 hours and 08:00 hours on the following day unless it is during the times for the Council’s own waste collection service as stated on its website for the street.

 

30.      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.

 

31.      No licensable activities shall take place at the premises until the premises have 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.  If there are minor changes to the layout during construction new plans shall be submitted to the Licensing Authority when requesting removal of this condition.

 

32.      The licensable activities authorised by this Licence and provided at the premises shall be ancillary to the main function of the premises as a Café.

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee
3 November 2021