Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Knightsbridge and Belgravia None* None**	Baker and Spice,     54-56 Elizabeth Street, SW1W 9PB	Variation to the Premises Licence	21/09405/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 2

(“The Committee”)

 

Wednesday 2 February 2022

 

Membership:             Councillor Tim Mitchell (Chairman)

  Councillor Heather Acton and Councillor Maggie Carman

 

Officer Support:         Legal Advisor:           Horatio Chance

                                  Policy Officer:            Aaron Hardy

                                  Committee Officer:    Georgina Wills

                                  Presenting Officer:    Kevin Jackaman

 

Present also: Thomas Bushnell Counsel - Baker and Spice (London) Limited

Matthew Gill (Applicant) Baker and Spice (London) Limited, J Osborne (Local

Resident) Mr Dave Nevitt (Environmental Health Services)

 

Application for a Variation of Premises Licence in respect ofBaker and Spice, 54-56 Elizabeth Street London SW1W 9PB 21/09405/LIPV

 

                                                     FULL DECISION

 

Premises

 

Baker and Spice,

54-56 Elizabeth Street

London

SW1W 9PB

 

Applicant

 

Baker and Spice (London) Limited

 

Cumulative Impact Area?

 

None

 

Ward

 

Knightsbridge and Belgravia

 

Special Consideration Zone

 

None

 

Activities and Hours applied for

 

The application proposes to vary the premises licence as follows:

 

·       Regularise changes to the Premises layout as shown on the  plans appended to the application.

 

·       Extend the permitted hours for the sale of alcohol for consumption (On and Off) the Premises to 22:30 each day.

 

·       Extend the Opening Hours to 23:00 each day.

 

Conditions being varied, added or removed

 

·       Vary condition 20 as follows:

 

From

 

The consumption of alcohol in any area appropriately authorised for the use of tables and chairs shall cease at 21:00 hours

 

To

 

The consumption of alcohol in any area appropriately authorised for the use of tables and chairs shall cease at 22:00 hours.

 

·       Vary condition 23 as follows:

 

From

 

There shall be no draught beer and spirits.

 

To

 

There shall be no draught beer and spirits, except for cocktails.

 

·       Vary condition 32 as follows:

 

From

 

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/delicatessen.

 

To

 

The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a cafe/delicatessen/restaurant

 

Opening Hours of the Premises:

 

Current Hours

 

Monday to Sunday: 07.30 to 21.00

 

Proposed Hours

 

Monday to Sunday: 07.30 to 23.00

 

Sale by retail of alcohol (On and Off)

 

Current Hours

 

Monday to Saturday: 10.00 to 21.00

Sunday: 12.00 to 21.00

 

Proposed Hours

 

Monday to Saturday: 10.00 to 22.30

Sunday: 12.00 to 22.30

 

Representations Received

 

·       Environmental Health Service (Dave Nevitt)

·       4 Local Residents

 

Summary of Objections

 

The Environmental Health Service and four local residents had maintained representation on the grounds of the prevention of Public Nuisance and Public Safety.

 

Policy Considerations

 

Policies HRS1 and RTN1 apply under the City Council’s  Statement of Licensing Policy (SLP) .

 

Summary of Application

 

The Sub-Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The Premises have had the benefit of a premises licence since January 2007 under reference

21/08753/LIPDPS. The Premises trade as a local delicatessen serving Coffee all day, homemade cakes and a full range of deli items and a dine in menu offering brunch and light mains. The Applicant sought to extend their licensable activities, regularise changes to the Premises layout and vary Conditions 20, 23 and 32. 

 

The Premises is located within the Knightsbridge and Belgravia Ward and is not situated in either a Special Consideration Zone or the West End Cumulative Impact Zone.

 

There is a resident count of 142.

 

 

DECISION AND REASONS

 

Mr Jackaman, Presenting Officer summarised the application set out in the report before the Sub-Committee.  He explained that the application was for a Variation of a Premises licence in respect of Baker and Spice, 54-56 Elizabeth Street London SW1W 9PB with the Applicant being Baker and Spice (London) Limited. The application seeks the extension of their operational hours for On and Off Sales of alcohol, regularise changes to the Premises layout and to vary Conditions 20, 23 and 32. Additional submissions had been received from the Applicant and a local resident and these had been circulated to all the relevant parties before the Sub-Committee hearing. Mr Jackaman advised that Mr J Osborne, local resident, was unable to make a submission at the Hearing and had emailed concerns regarding the Application and this had been taken into consideration by the Sub-Committee.

 

Mr Thomas Bushnell, Counsel appearing on behalf of the Applicant addressed the Sub-Committee and outlined the application. He advised that the application was in six parts, and as a point of reference these were listed on Page 132 of the Agenda Papers. The Sub-Committee were informed that no objections had been raised regarding changes to the Premises layout and sales of alcohol. Mr Bushell advised that the Applicant sought a modest extension of the Premises evening offer, and this had been undertaken to ensure that the business remain viable, and its operations be within the core hours. He advised that the Applicant had some 25 years of experience and was a good operator. He  advised that the Premises would be the flagship store and be a model for other establishments. There have been substantial investments made into the Premises.

 

Mr Bushnell advised that the Applicant took over the Premises in 2018 and that the Premises was initially run as a café / deli offering light meals. He said  that the Covid-19 Pandemic had a detrimental effect on the business and that the Premises had begun to recover in Autumn 2020. He stated that the Premises had built a positive reputation and that it was decided that the establishment be developed and that the evening offering be extended. The Premises was closed for refurbishment in 2021 and has since attracted more patrons following its reopening. Mr Bushnell said  that the Premises was successful and provided a good local offer to the community. He advised that an application had been sought to reflect these developments.  

 

The Sub-Committee noted that most of the patrons visiting the Premises were local residents. Mr Bushnell advised that the Applicant continue to build a positive relationship with residents. He advised that the Premises main objection was to celebrate the food and culture of the Mediterranean region and would not be ‘drink led’. The  existing restaurant conditions would not be varied.  Mr Bushnell stated that the relevant Policies had been identified and highlighted and that the Premises was not located in the Cumulative Impact Zone or Special Consideration Zone. He advised that the proposed hours of operations applied for by the Applicant were less than the core hours recommended under the HRS1 Policy. He said that the application was a modest variation and informed that the Applicant had a proven track record and previously operated the Premises during the proposed hours following being granted Temporary Event Notices (TENS). There were no concerns raised whilst TENS were in operation by either Environment Health or residents.

 

Mr Bushnell advised that the Applicant had sought to extend the use of the external area by an hour and said that this timing was less than the core hours. He advised that al fresco dinning was reflective of the Mediterranean style of cuisine and this offer would help to assist with the business recovery following the Pandemic. The Sub-Committee were advised that the Applicant would draft a policy on the management of the external area and would agree for Model Condition 99 to be amended which removes the requirement for a Dispersal Policy for an External Seating Management Policy. He advised that the External Seating Management Policy would be made readily available to the Metropolitan Police and authorised Officers of the Council. Mr Bushnell advised that these measures would address the concerns of residents regarding the use of the external seating area. Mr Bushnell said that the application met policy requirements and that the Premises was a low key and attractive neighbourhood venue. He reminded the Sub-Committee that the Premises had successfully operated TENs without any complaints.

 

In response to questions from the Sub-Committee, Mr Bushnell advised that the Premises had operated 18 TENS during the period between 10 September 2021 to 16 October 2021. Mr Bushnell stated that the Premises opened at 07:30 and had been in operation at the site for over a decade. An evening offer had always been available under the existing licence and that further Restaurant Conditions had been sought to extend this offer and to allow the alcohol offer to be extended.

 

Following questions from the Sub-Committee Mr Matthew Gill, Director- Baker and Spice (London), advised that delivery companies were utilised and were beneficial during the Covid-19 Pandemic Lockdown. Mr Gill informed that they were now less reliant on delivery companies following easements in restrictions and patrons have meals inside the establishments. He advised that an Informative would be accepted which requires for delivery companies to be instructed to use environmentally friendly vehicles. The Sub-Committee were advised that there no concerns raised by residents regarding nuisance caused by delivery companies.

 

Mr Dave Nevitt, appearing on behalf of the EHS advised that representation had been maintained to ensure that concerns of local residents were addressed by the Sub-Committee. He said that the application was not contentious, and that the Applicant had operated several TENs without any complaints. There is no history of complaints regarding the Premises. Mr Nevitt confirmed that the Premises was not situated in a Cumulative Impact Area and that no special Policies were applicable. He advised that operational hours that were sought were within core hours. The Sub-Committee were informed that existing Conditions were suitable and sufficient. He advised that current Conditions included the Model Condition 38 which required patrons to have a seated meal and another Condition which required off sales to be ancillary to a takeaway meal.

 

The Sub-Committee noted that the Premises capacity was 32 seated customers, and this was modest. Mr Nevitt advised that the Premises would not be drink led and  reminded the Sub-Committee that Mr J Osborne, local resident, was unable to make representation at the Hearing and had submitted an email detailing his concerns. He advised that there had been concerns raised about the resident’s daughter being affected by noise nuisance emanating from the Premises during early evening alcohol led dining. Mr Nevitt said that the Premises was a restaurant and not drink led and that alcohol would be ancillary to food. He stated  that the restaurant conditions would continue to remain, and this dispelled the view that the application was a ‘Trojan Horse’ and that the Premises would eventually transform into a bar. Mr Nevitt advised that existing and proposed Conditions would mitigate the concerns raised by residents.

 

In response to questions from the Sub-Committee Mr Nevitt advised that there may be issues with the Premises sound installation and that a visit to the establishment would be conducted to investigate concerns regarding noise breakout into residents’ homes.  Mr Bushnell advised that all external seating would be rendered unusable at 22:00.

 

Mr Bushnell advised that an additional Condition for an External Seating Management Policy would be accepted and that residents would be liaised with regarding its contents and other concerns regarding nuisances. He advised that the Premises was a low-key operation which was supported by Environmental Health and operational hours were within core hour and met Policy requirements.

 

Conclusion

 

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining the application. There is no policy presumption to refuse the application.

 

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 noted that the Applicant was a good operator and that the licensable activities sought were all within the core hours. The Applicant had agreed to the Restaurant Condition and the establishment would not be drink led as might have been feared by local residents because all alcohol will be served ancillary to food and by waiter and waitress service.  This also included a Condition that the Premises will only operate as a Café/Delicatessen/Restaurant where the style nature and character of the Premises would not change.

 

The Sub-Committee noted that the Applicant had successfully operated a number of TENs and had not received any complaints during their operations. It was therefore persuaded that this was a good example of how in the future going forward the Applicant is to manage the Premises efficiently and effectively in accordance with the promotion of the licensing objectives

 

The Sub-Committee also noted that the Applicant had agreed to a Condition which required them to produce an External Seating Management Policy and that this would address resident concerns regarding nuisances’ emanating from this area of the Premises and thus promote the public nuisance licensing objective.

 

The Sub-Committee also noted that the Applicant had agreed to liaise with residents on a regular basis so that any issues can be dealt with. In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objective.

 

The Sub-Committee decided to grant the Variation application with the revision to the licence plans, extending the terminal hour for the sale of alcohol and opening and the modification of Conditions 20, 23 and 32 and the agreed Conditions.

 

The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application with the following Conditions and Informative which are considered appropriate and proportionate to promote the licensing objectives. 

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives: -

 

1.        To grant permission for the revision of the layout of the Premises in accordance with the submitted plans.

 

2.        To grant permission to vary the terminal hour for the Sale of Alcohol (On and Off Sales) Monday to Saturday: 10.00 to 22.30 Sunday: 12.00 to 22.30

Seasonal Variation: N/A

 

3.        To grant permission to vary the terminal hour for the Opening Hours of the Premises on Monday to Sunday: 07.30 to 23.00 Seasonal Variation: N/A

 

4.        That Conditions 20, 23 and 32 specified and renumbered below are hereby modified on the Premises Licence remain in full force and effect.

 

5.        That the varied licence is subject to any relevant mandatory conditions.

6.      That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

 

7.        That the varied 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 licensing hearing

 

8. The supply of alcohol at the premises shall only be to persons seated at

tables.

 

9.  All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises, except for alcohol provided to patrons seated at tables within the authorised external seating area.

 

10.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.

 

11.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.

 

12.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.

 

13.A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the City Council at all times whilst the premises is open.

14.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.

 

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

 

16.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. Conditions proposed by the Environmental Health and agreed with the applicant so as to form part of the operating schedule.

 

17.The supply of alcohol at the premises, including any area appropriately authorised for the use of tables and chairs, shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

18.The supply of alcohol at the premises, including any area appropriately authorised for the use of tables and chairs, shall be by waiter or waitress service only.

 

19.The consumption of alcohol in any area appropriately authorised for the use of tables and chairs shall cease at 21:00 hours.

 

20.The consumption of alcohol in any area appropriately authorised for the use of tables and chairs shall cease at 22:00 hours.

 

21.All tables and chairs shall be removed from the outside area by 22:00 hours each day.

 

22.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.

 

23.There shall be no draught beer and spirits, except for cocktails.

 

24.Save for alcohol consumed at any area appropriately authorised for the use of tables and chairs, the sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

25.Save for bottled red, white or rose wine from the retail range, the sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to a take-away meal.

26.A direct telephone number for the manager at the premises shall always be publicly available when the premises is open. This telephone number 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 21.00 hours and 08.00 hours on the following day.

 

29.No collections of waste or recycling materials (including bottles) from the premises shall take place between 21.00 and 08.00 hours) on the following day.

 

30.With the exception of milk and bread fresh produce, no deliveries to the premises shall take place between 21.00 and 08.00 hours on the following day.

 

31.The number of seated persons permitted in the premises at any one time (excluding staff) shall not exceed 32 persons.

 

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/delicatessen.

 

33.The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a cafe/delicatessen/restaurant.

 

34.That an External Seating Management Policy be devised and be made readily available to the Metropolitan Police or authorised Officer of the Council.

 

35. A copy of the External Seating Management Policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.

 

Informative:

36.The Sub-Committee expects that the Premises Licence Holder will actively encourage delivery and collection companies to use environmentally friendly electric vehicles and walking bikes.

 

37.The Sub-Committee expects that the Premises Licence Holder aims to meet regularly with residents to ensure that a fruitful and meaningful dialogue is maintained when it comes to the management of the Premises.

 

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

The Licensing Sub-Committee

2 February 2022