Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End None* West End Buffer**	SHOT London,         10A Berkeley St,      W1J 8DR	New Premises Licence	21/07622/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 1

(“The Committee”)

 

Thursday 20^th January 2022

 

Membership:             Councillor Matthew Green (Chairman)

  Councillor Heather Acton and Councillor Maggie Carman

 

Officer Support:         Legal Advisor:           Steve Burnett

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Kevin Jackaman

 

Present:        Sonam Kaur Parmar – Head of Marketing and Business Development at Shot London (The Applicant).

 

                     Mr Ian Watson – Environmental Health Services

 

 

Application for a New Premises Licence in respect of SHOT London, 10A Berkeley Street, London W1J 8DR -  21/07622/LIPN

 

                                                     FULL DECISION

 

Premises

 

SHOT London,

10A Berkeley Street,

London

W1J 8DR

 

Applicant

 

Shot Coffee Ltd T/A SHOT London

 

Cumulative Impact Area?

 

N/A

 

Ward

 

West End

 

Special Consideration Zone

 

Mayfair

 

 

 

 

Licensable Activities and Hours applied for

 

Sale by Retail of Alcohol (on the premises)

 

Monday to Sunday: 11.00 to 23:00 hours

 

 

Opening Hours of the Premises:

 

Monday to Sunday: 07.30 to 23:00 hours

 

Representations Received

 

·       Metropolitan Police Service (PC Dave Morgan) (Withdrawn)

·       Environmental Health Service (Ian Watson)

·       6 Local Residents (3 Withdrawn)

 

Summary of Objections

 

The Environmental Health Service state:

 

The proposals are likely to increase the risk of public nuisance in the SCZ.

 

Summary of Residents Representation:

 

The proposals are likely to cause excessive noise and disturbance, nuisance from use of the outside area, illegal parking, blocking access, vomiting, begging, and drunkenness,

 

Summary of Application

 

The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).

 

The Premises proposes to operate as a luxury coffee shop, selling coffees, teas, soft drinks, hot chocolate, pastries and snacks. The Premises is located within West End and is not located within the West End Cumulative Area Zone.

 

The application has since been amended following consultation with Environmental Health Services in that the terminal hour for the sale of alcohol will now cease at 21:00 hours.

 

The Special Consideration Zone applies.

 

There is a resident count of 35.

 

 

 

 

 

Policy Position

 

HRS1

 

·       Applications within the core hours set out 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.

 

SCZ1

 

·       Applications within a designated Special Consideration Zone should demonstrate that they have taken account of the issues particular to the Zone, in question as identified within the 2020 Cumulative Impact Assessment, and should set out any proposed mitigation measures in relation to those issues within their operating schedule.

 

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. The applicant has taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.

 

DECISION AND REASONS

 

Mr Jackaman, Senior Licensing Officer summarised the application set out in the report before the Sub-Committee.  He explained that the application was for a new Premises licence which sought to permit the sale of alcohol for consumption on the Premises. He further advised that additional submissions had been received from the applicant which had been circulated to all the relevant parties before the Sub-Committee hearing.

 

Sonam Kaur Parmar – Head of Marketing and Business Development at Shot London appearing on behalf of the Applicant Shot Coffee Limited, explained that this was an operation based around the provision of coffee with the proposed provision of alcohol to allow the baristas to push the boundaries in designing and supplying specialist coffees.

 

They have been in operation since June 2021 and have not caused any issues.

 

The Applicant outlined that she now sought to the consumption of alcohol on the premises with a Premises Licence operating within the Council’s Core Hours Policy.  She advised that tables and chairs were situated outside the Premises.

 

The Sub-Committee was informed that the Applicant sought to address the problems in the Mayfair SCZ by restricting music from the premises and ensuring customers were seated. The operator will also display signs requesting customers to leave the area quietly. They have CCTV at the premises and have worked closely with the police. They have waiter/waitress service and will consider using ‘Chelsea clips’ and notices, warning customers to protect their valuables. 

 

Ms Parmar, confirmed that the sale of alcohol was to be used in the mixing of beverages. She will accept a condition restricting the sale of alcohol to this style of operation. They will not sell alcohol save for at corporate events. However, if this is required, she will use Temporary Event Notices (TEN).

 

In response to questions from the Sub-Committee, the Applicant confirmed that there will be no smoking of Shisha permitted at the premises.

 

Ian Watson appearing on behalf of the Environmental Health Service confirmed to the Members that since the premises opened in June 2021, there have been no complaints recorded. Mr Watson confirmed that the premises operated under a TEN in August 21 and there were no complaints. Mr Watson had also visited the premises and he found no evidence of residents’ entrances being blocked.

 

The Sub-Committee then discussed the proposed conditions that would be attached to the Premises Licence.  The Applicant agreed to the following conditions being added to the suite of conditions already agreed:

 

1)     All alcohol sold to patrons shall be as an ingredient to beverages such as coffees and teas etc,

2)    Notices will be prominently displayed at the premises informing patrons to protect their valuables including mobile phones and handbags.

 

The Applicant also agreed to the amendment of condition 11 in the Agenda to read:

 

Waiter/waitress service shall be provided to all customers

 

The Applicant raised an issue with condition 19 detailed in the agenda relating to the removal of chairs and tables in the outside area at 21.00.

 

She advised the Sub-Committee that she has a Tables and Chairs Licence permitting her to trade the outside area until 22.00. The Sub-Committee noted that all the conditions in the Agenda had been subject of consultation with the residents and some had withdrawn their representations. Therefore, any changes to condition 19 would have to be by way of a separate variation application under the Licensing Act 2003.

 

 

 

Conclusion

 

The Sub-Committee considered the application on its individual merits. In reaching their decision, the Sub-Committee took into account all the committee papers, supplementary submissions made by the Applicant, and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.

 

In reaching its decision, the Sub-Committee took into consideration the conditions agreed and that the premises had already been operating with no history of noise complaints. 

 

The Sub-Committee was also of the opinion that the nature and operation of the premises operating within core hours was not likely to cause nuisance in the local area and in addition, the conditions imposed on the premises licence were appropriate and would ensure that the four licensing objectives were promoted.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.  

 

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 Sale of Alcohol (On the premises) Monday to Sunday 11.00 to 21:00 hours

 

2.        To grant permission for the Opening Hours of the Premises:Monday to Sunday 07:30 to 23:00 hours

 

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

 

4.        That the Licence is subject to the following additional conditions and Informative 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 supply of alcohol shall always be ancillary to the premises operating as a specialist coffee shop.

 

10. All alcohol sold to patrons shall be as an ingredient to beverages such as coffees and teas etc

 

11. The consumption of alcohol shall only be topersons seated.

 

12. Waiter/waitress service shall be provided to all customers.

 

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

           Ground Floor 30 persons

           Basement 20 persons

           With no more than 50 persons at any one time.

 

14. 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.

 

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

 

16. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

 

17. There shall be no self-service of alcohol.

 

18. There shall be no draught beer sold at the premises.

 

19. 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.

 

20. All tables and chairs shall be removed from the outside area by 21.00 hours each day.

 

21. 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.

 

22. 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.

 

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, which 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 visit by a relevant authority or emergency service.

 

 

24. Notices will be prominently displayed at the premises informing patrons to protect their valuables including mobile phones and handbags.

 

25. 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.

 

26. 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.

 

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

 

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

 

29. No rubbish including bottles shall be removed or placed in an outside area between 23.00 hours to 07.00 hours Monday to Sunday.

 

30. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day, except for fresh patisserie items.

 

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

 

 

Informative

The applicant confirmed that there would be no smoking of Shisha at the premises. The Licensing Sub-Committee acknowledged this and welcomed the undertaking

 

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

This Decision takes immediate effect.

The Licensing Sub-Committee

20^th January 2022.