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Agenda item

Roketsu, 12 New Quebec Street, W1H 7RP

 

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

Bryanston and Dorset Square

*  None

** None

Roketsu,                       12 New Quebec Street, W1H 7RP

New Premises Licence

21/08543/LIPN

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Wednesday 12 January 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Rita Begum

 

Apologies: Councillor Susie Burbridge

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

 

Application for a New Premises Licence for Roketsu, 12 New Quebec Street, London W1H 7RP

 

Full Decision

 

Premises

 

Roketsu, 12 New Quebec Street, London W1H 7RP

 

Applicant

 

Mr Kenichi Kakuta (General Manager) on behalf of Roketsu Limited

 

Represented by Mr Jonathan Smith (Poppleston Allen Solicitors)

 

Ward

 

Bryanston and Dorset Square

 

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 fine dining Japanese restaurant. Customer areas are located on the ground floor, where there is a dining space and, in the basement, which consists of a lounge area for customers who are pre- or post- dining, and a private dining room. There is an external area at the front of the premises for seated customers, which is on privately owned land. Kitchen facilities are located on both floors, as are customer and staff WC's.

 

There is a resident count of 171. 

 

Licensable Activities and Hours applied for:

 

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

 

09:00-23:30 Monday to Thursday,

09:00-00:00 Friday to Saturday and 09:00-22:30 on Sunday

 

From The end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Bank Holiday Sundays: from 09:00 hours to 00:00 hours.

 

Late Night Refreshment

 

23.00 to 23.30 Mondays to Thursdays,

23.00 to 00.00 Fridays and Saturdays.

 

From The end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Bank Holiday Sundays: from 23:00 hours to 00:00 hours.

 

 

Opening Hours of the Premises:

 

09:00-00:00 Monday to Thursday,

09:00-00:30 Friday to Saturday and 09:00-23:00 on Sunday

 

From The end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Bank Holiday Sundays: from 09:00 hours to 00:30 hours.

 

Representations Received

 

·       Environmental Health Services (EHO) – Mr Ian Watson

·       Vittorio Borghesi - Residential Objection

·       Guy Austin – Residential Objection (Withdrawn)

 

 

Summary of issue raised by Objectors

 

1. The hours requested for the Supply of Alcohol will have the likely effect of causing an increase in Public Nuisance within the area.

2. The hours requested to permit the provision of late-night refreshment will have the likely effect of causing an increase in Public Nuisance and impact on Public Safety within the area.

3. The restaurant's hours of operation seem to be late and not consistent with the rest of the street.

4. The proposed closing time on weekends means drunk patrons leaving the establishment, and subsequent clean-up of the premises, meaning foot fall and comings and goings until late at night (1.30am) in a highly residential street.

5. Could the closing times perhaps be scaled back? Taking into consideration neighbour's peace of mind and right to tranquillity.

 

Policy Considerations

 

Under Policy HRS1, applications for hours within the Core Hours would generally be granted.  Applications for hours outside Core Hours would be considered on their merits, subject to other relevant policies.

 

Under Policy RNT1(A) Applications outside the CIZ will normally be granted subject to Policy CD1, PS1, PN1, CH1, HRS1 and that the operation of the venue meeting the definition of a restaurant as per Clause C

 

SUBMISSIONS AND REASONS

 

Mr Jackaman, the Presenting Officer introduced the application.

 

Mr Smith explained that during consultation, the Applicant made the following changes to the original operating schedule and reduced the terminal hours for the sale of alcohol to Mondays to Mondays to Fridays to 23.00 and on Saturdays until 23.30.

 

The Applicant, during the hearing further amended his application to permit the sale of alcohol to cease at 23.00 on Saturdays and on Bank Holiday Sundays, and for the premises to close at 00.00 Fridays and Saturdays and Bank Holiday Sundays.

 

Mr Smith was unable to transfer the existing Premises Licences at the premises as one of the previous owners required £28,000 for their consent, and the other could not be located and therefore that Premises Licence was suspended for non-payment of the annual fees.

 

The Applicant then provided an overview of the style of operation. The premises will be a prime dining Japanese restaurant with 9 courses of small dishes of food at a cost of about £190.00 for the experience. There will normally be approximately 16 patrons at the premises and 2 sittings daily.

 

The premises opened on the 7th Dec 2021 using Temporary Event Notices (TENs) with no issues in relation to noise nuisance and the EHO officer, Mr Watson has already been to the premises and it is expected a capacity of 60 in the basement area and 8 in the external dining area.

 

Mr Watson, advised the Sub-Committee that he was aware of the premises and the proposed operation had been the subject of pre- application advice on the basis of the premises trading core hours. The safe capacity of the premises is a maximum of 100, with a maximum of 60 in the basement and 8 in the external dining area.

 

Mr Watson confirmed the premises had traded for 24 days on TENs until 00.30 without complaints.

 

In response to the Legal Adviser for the Sub-Committee, both Mr Watson and Mr Smith confirmed that the works conditions 31 – 33 can be deleted, and Mr Smith confirmed that all other conditions were agreed.

 

The Objector was not available to expand on his objections, but due consideration was given to the contents of his written submissions.

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all the committee papers 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 the sale of alcohol and closing times at the premises and that they had agreed to all the conditions proposed by the Environmental Health Service. 

 

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

The conditions, time of licensable activities and closing time would have the overall effect of promoting the licensing objectives and should alleviate any public nuisance.  

 

In reaching its decision, the Sub-Committee concluded that the conditions imposed on the Premises licence were 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 Saturdays from 09.00 to 23.00, on Sundays from 09.00 to 22.30, from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day and on Bank Holiday Sundays, from 09:00 hours to 23:00 hours.

 

2.        To grant permission for Late Night Refreshment  Mondays to Thursdays from 23.00 to 23.30, Fridays and Saturdays from 09.00 to 00.00, from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day and on Bank Holiday Sundays: from 23:00 hours to 00:00 hours.

 

3.        To grant permission for opening hours of the Premises Mondays to Saturdays from 09.00 to 00.00, on Sundays from 09.00 to 23.00, from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day and on Bank Holiday Sundays, from 09:00 hours to 00:00 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

 

Mandatory conditions 1-8 and:

 

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 is open for licensable activities and during all times when customers remain on the premises. 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 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

 

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

·       Basement 60 persons

·       External Terrace 8 persons

 

With no more than 100 persons at any one time.

 

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

(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 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.

 

14. Substantial food and non-intoxicating beverages, including drinking water, shall be available on the premises where alcohol is sold or supplied for consumption on the premises.

 

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

 

16. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

 

17. There shall be no sales of alcohol for consumption ‘Off’ the premises after 23.00 hours, save for part consumed and resealed bottles.

 

18. All sales of alcohol for consumption ‘Off’ the premises shall be in sealed containers only and shall not be consumed on the premises.

 

19. 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.

 

20. Alcohol consumed outside the premises building shall only be consumed by patrons seated at tables.

 

21. No deliveries to the premises shall take place between 23:00 and 06:30 on the following day, save for fresh fish and vegetable deliveries.

 

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

 

23. All outside tables and chairs shall be rendered unusable by 22.30 each day.

 

24. 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.

 

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

 

26. Save for customers who are seated within the outside area, 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.

 

27. 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.

 

28. 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.

 

29. No collections of waste or recycling materials (including bottles) shall take place between 23:00 hours and 08:00 hours on the following day, unless the collection is permitted in accordance with the times specified on the Council's website for Commercial Waste collection

 

30. All waste is to be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. If waste is not collected during the scheduled collection time it must be removed from the highway.

 

31.  A 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.

 

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

 

The Licensing Sub-Committee

12 January 2022

 

Supporting documents: