Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Bayswater None* Queensway/Bayswater**	The Residency,       50 Westbourne Grove, W2 5SH	New Premises Licence	21/08577/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 4

 

Wednesday 13 January 2022

 

Membership:           Councillor Karen Scarborough (Chair), Councillor Barbara Arzymanow and Councillor Aziz Toki

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Karyn Abbott

 

 

Application for a New Premises Licence for 50 Westbourne Grove, London W2 5SH

 

Full Decision

 

Premises

50 Westbourne Grove,

London

W2 5SH

 

Applicant

 

Mr Naveen Handa on behalf of the Applicant Company, Minhoco 61 Limited

 

Represented by Matt Foster (Mincoffs Solicitors)

 

Special Consideration Zone

 

Queensway/Bayswater (QB)

 

Ward

 

Bayswater

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises to be licensed proposes to be operated as a restaurant. Customer areas are located on the ground floor, There is a proposed external area at the rear of the premises for seated customers, which is on privately owned land.

 

This site had the benefit of a premises licence when it latterly operated as a Gourmet Burger Kitchen. That licence lapsed in November 2020

 

There is a resident count of 248. 

 

 

 

Licensable Activities and Hours applied for:

 

Sale by Retail of Alcohol (On and off the Premises)

 

10:00-23:00 Monday to Thursday,

10:00-23:30 Friday to Saturday and 12:00-22:00 on Sunday

 

Sundays immediately prior to Bank Holiday: from 12:00 hours to 23:00 hours.

 

Recorded Music

 

10.00 to 23.30 Mondays to Thursdays

10.00 to 00.00 Fridays and Saturdays

12.00 to 22.30 Sundays

 

Sundays immediately prior to Bank Holiday 12.00 to 23.30

 

 

Late Night Refreshment

 

23.00 to 23.30 Mondays to Thursdays,

23.00 to 00.00 Fridays and Saturdays.

 

Sundays immediately prior to Bank Holiday: from 23:00 hours to 23.30 hours.

 

 

Opening Hours of the Premises:

 

10.00 to 23.30 Mondays to Thursdays

10.00 to 00.00 Fridays and Saturdays

12.00 to 22.30 Sundays

 

Sundays immediately prior to Bank Holiday 12.00 to 23.30

 

Representations Received

 

·       Metropolitan Police – PC Reaz Guerra (Withdrawn)

·       Environmental Health Services (EHO) – Mr Ian Watson

·       Dr David Hexter - Residential Objection

·       Ms Hilary Newiss – Residential Objection (Represented by Mr Richard Brown of Citizens Advice Westminster)

·       Mr John Zamit of South East Bayswater Residents’ Association (SEBRA) – Residential Objector (Represented by Mr Richard Brown of Citizens Advice Westminster)

 

 

 

Summary of issue raised by Objectors

 

1.     The hours requested will have the likely effect of causing an increase in Public Nuisance within the QB SCZ.

2.     Opening hours are unsuitable for a residential area. Attracts drunkards, rubbish, and foul behaviour. Opening hours should be limited to 10:00 during weekdays and Saturday and 10:00 pm on Sundays. Use of the rear garden area for customer seating should be prevented.

3.     To prevent any public nuisance or potential crime and disorder there should be the addition of:

 

a)    No alcohol to be allowed to be taken off premises in open vessels, except to those seated if any taking a table meal.

b)    there will be no 'off sales' of beer or cider over 5.5% APV, unless premium brand in bottles or cans.

c)     No sales of food or alcohol from the premises after 23.00 with Sunday after 22.30.

d)    Entrance doors and windows to be kept closed after 21.00, accept for customers entering or leaving.

e)    All Refuse and Recycling collections not to take place between midnight 00.00 and 0800,

 

Policy Considerations

 

SCZ1

 

·       In addition to meeting the other policies within this statement, applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

HRS1

 

·       Applications within the core hours will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

RTN1 (B)

 

·       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.

 

 

 

 

 

 

 

SUBMISSIONS AND REASONS

 

Karyn Abbott, the Presenting Officer introduced the application and amended an error in the Agenda for the hours for indoor recorded music to Mon – Thurs 23.30 and Fri and Sat until 00.00.

 

Mr Foster for the Applicant explained that the Applicant had consulted with the EHO, and residents and as a result conditions had been agreed as shown in Appendix 5.

 

Mr Foster advised the Sub-Committee that this application was to replace the Premises Licence which had lapsed, and the new operation will be a restaurant. Mr Foster submitted that in light of Mr Brown’s written submissions, the rear of the premises was the only remaining issue.

 

The Sub- Committee were informed that the premises was risk assessed and was of low risk under Policy PN1. During discussions with the EHO, there were a number of options available which could reduce the risk of nuisance to neighbours, such as closing the area at 20.00, operating an Outside Management Policy, no cooking in the outside area, training staff, erecting an acoustic fence, no groups of patrons larger than 6, tables to be fixed and music to be played at background level.

 

Mr Handa, provided the Sub-Committee with a history of his family run business.

 

The Sub-Committee were advised that their landlord’s tenants lived above the premises, so it was in the operator’s best interest not to cause a nuisance. The capacity of the garden will be between 25 -30 patrons. The premises is surrounded by residents but the outside area at the premises have high walls.

 

Mr Watson,(EHO) advised the Sub-Committee that there has been a pre-application consultation remotely, therefore a site visit only took place last Tuesday. There is now a new extractor and ventilator system. He was advised there would be no smokers in the outside area, no light nuisance and no recorded music. There would be notices on tables for patrons to consider residents.

 

Mr Watson suggested that a condition could be added to prevent the use of the outside area until assessed as acoustically suitable by the EHO.

 

The Sub-Committee heard from Mr Brown, who called objectors, Hilary Newiss and Mr Zamit, and their witnesses, to give evidence.

 

The Members heard that residents surrounded the premises, in what is normally a very quiet area and they, themselves, had lived in the area for a number of years. The outside area at the restaurant had not been historically used and the applicant is therefore bringing a nuisance to the residents. Previously the residents had complained about the noise from rubbish and the extractor fans which are located in the same area. However, there is no evidence shown to the residents of what work is required to prevent noise nuisance from patrons using the outside area.

 

The Sub Committee were informed that the residents were happy with the operation of the premises inside but the application to use the external area should be refused.

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers, including the additional evidence, the Revised Guidance as issued under sec 182 of the Licensing Ac 2003 and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee had regard to the fact that the Applicant had reduced the terminal times for licensable activities and closing times at the premises and that they had agreed conditions proposed by the Environmental Health Service and SEBRA. 

 

The Sub-Committee acknowledged the Applicant had worked closely with the Responsible Authorities and liaised with the residential objectors.

 

However, the Sub-Committee is not satisfied that the use of the outside area of the premises by patrons and staff, drinking, eating, talking, smoking or just naturally enjoying themselves would not cause a public nuisance to residents living in close proximity to the premises.

 

The premises is located in a residential area.

 

The conditions, time of licensable activities and closing time applicable to inside the premises would have the overall effect of promoting the licensing objectives. However, the Sub-Committee are not persuaded that the use of the outside area to the rear of the premises would not cause a public nuisance.

 

In reaching its decision, the Sub-Committee concluded that the conditions imposed on the Premises licence are appropriate and proportionate and would promote the licensing objectives.

 

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 On and off Sale of Alcohol Mondays to Thursday from 10.00 to 23.00, Fridays and Saturday from 10.00 to 23.30, on Sundays from 12.00 to 22.00, and on Sundays immediately prior to Bank Holiday from 10:00 hours to 23:00 hours.

 

2.              To grant permission for Late Night Refreshment Mondays to Thursday from 23.00 to 23.30, Fridays and Saturday from 23.00 to 00.00, and on Sundays immediately prior to Bank Holiday from 23:00 hours to 23:30 hours.

 

3.              To grant the permission for Recorded Music Mondays to Thursday from 10.00 to 23.30, Fridays and Saturday from 10.00 to 00.00, on Sundays from 12.00 to 22.30, and on Sundays immediately prior to Bank Holiday from 10:00 hours to 23:30 hours.

4.              To grant permission for opening hours of the Premises Mondays to Thursday from 10.00 to 23.30, Fridays and Saturday from 10.00 to 00.00, on Sundays from 12.00 to 22.30, and on Sundays immediately prior to Bank Holiday from 12:00 hours to 23:30 hours.

 

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

 

6.              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

 

Mandatory conditions 1-8 and:

 

9. 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.

 

10. 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.

 

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

 

12. The premises shall be permanently laid to tables and chairs.

 

13. 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 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 preceding 31 day period.

 

14. 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.

 

15. A Challenge 21 or Challenge 25 scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as driving licence, passport of proof of age card with the PASS Hologram.

 

16. 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, which will record the following:

(a) all crimes reported to the venue

(b) all ejections of patrons

(c) any complaints received regarding crime disorder

(d) any incidents of disorder

(e) any faults in the CCTV system

(f) any refusal of the sale of alcohol

(g) any visit by a relevant authority or emergency service

 

17. 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.

 

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

 

19. Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the need of local residents and use the area quietly.

 

20. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

21. The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel; at its junction with the kerb edge, is swept and or washed and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

22. No deliveries to the premises shall take place between 23:00 and 08:00 hours on the following day.

 

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

 

24. The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

25. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

26. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.

 

27. No licensable activities shall take place 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.

 

28. 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.

 

29. Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

30. No alcohol to be allowed to be taken off premises in open vessels, except to those seated (if any) taking a table meal. Re-sealed vessels can be taken off the premises.

 

31. There will be no 'off sales' of lager, beer, cider or perry over 5.5% ABV, with the exception of premium brands in bottles or cans.

 

32. No sales of food or alcohol for takeaway from the premises after 23.00 Monday to Saturday and 22:30 on a Sunday, with the last order to be taken no later than 21:30.

 

33. All external doors and windows to be kept closed after 21.00, except for access and egress.

 

34. Refuse and Recycling collections will not take place between 00.00 and 0800, in order to protect residential amenity of flats above and opposite.

 

35. The premises will not empty their bins at the rear after 21:00.

 

36.There shall be no use of the outside rear area of the premises for licensable activities by customers or staff.

 

37. There shall be no use of the door(s) to the outside rear area except for the immediate access and egress of persons in an emergency.

 

 

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

 

The Licensing Sub-Committee

13 September 2022