Agenda item
Biscuiteer, 14-15 Eccleston Yard, SW1W 9AZ
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 2 (“The Committee”)
Thursday 24 February 2022
Membership: Councillor Tim Mitchell (Chairman) Councillor Barbara Arzymanow and Councillor Maggie Carman
Officer Support Legal Advisor: Horatio Chance
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Karyn Abbott
Application for a New Premises Licence in respect ofBiscuiteer 14 - 15 Eccleston Yard London SW1W 9AZ21/11166/LIPN
Full Decision
Premises
Biscuiteer
14 - 15 Eccleston Yard
LONDON
SW1W 9AZ
Applicant
Biscuiteer Baking Company Ltd
Activities and Hours applied for
Retail Sale of Alcohol (On and Off Sales)
Monday to Sunday 10:00 to 18:00
Seasonal Variation: None
Hours Premises are Open to the Public
Monday to Sunday 10:00 to 18:00
Seasonal Variation: None
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises will be a Biscuit Boutique & Icing Café, retail shop and cafe and event space for the sale and consumption of luxury baked goods. The Cumulative Impact and Special Consideration Zones do not apply. The Premises comes within Warwick Ward. During consultation the Applicant has reduced the hours applied for from 10:00 to 23:00 Monday to Sunday to 10:00 to 18:00 and removed recorded music from the application.
The Premises have had the benefit of a premises licence since July 2018. The existing premises licence (licence number 18/06841/LIPN) is attached at Appendix 1 of the Committee Report. A full licence history for the Premises appears at Appendix 3 of the Report. The existing premises licence does not form part of this application. There is a resident count of 146.
Representations Received
· The Metropolitan Police Service – (Withdrawn).
· Environmental Health Service – Maxwell Koduah.
· Trustee of the Belgravia Society.
· 11 local resident objections 3 of which were withdrawn.
Summary of Representations
· I would like to object to this application on the basis that the property is immediately behind my flat. I have a young family and my children's bedroom is incredibly close to the subject premises at the rear of our house. Our home would be affected by continuous noise every day of the week until late at night. It is simply not acceptable.
· I am writing on behalf of the committee of the Belgravia Residents Association. The premises for which the license is sought are located adjacent to an established residential area . It has always been understood that the yards will be a mixed- use area predominantly for wellness , offices and shops . This application is effectively a license for music till 11pm which will cause serious noise pollution. This is contrary to the ethos of the yards and will have a negative impact on the nearby residents. All the adjacent properties have a very long history of residential use and mostly occupied by families or older residents. Music till 11pm will be very damaging and detrimental to their local amenity considering most of them would be needing to sleep before then! Previously the premises were used as a retail unit.
· The premises are located adjacent to an established residential area and is the immediate neighbour of 119, 121, 123, 125, 127 Ebury street . All these properties have long established residential use and present a mixture of flats and family homes that have been part of the residential neighbourhood for many years well before the Yard was developed relatively recently.
· The premises currently considered was used for retail previously , any music emanating from the unit can reach unhindered the adjoining residential properties , this will have a negative impact for the residents and occupiers in their own houses and will affect further negatively the amenities spaces adjoining the premises considered . We strongly object to the proposed music licence.
· Our house is an extension of 117 Ebury street which means that Biscuiteer Baking Company Ltd will be set up closer to our home than the main buildings on our street. We are already struggling with material noise levels from Eccleston Yards and music playing from 10am in the morning until 11pm at night will impact our daily lives and ability to work from home which we are dependent on being able to do in peace and quiet. The request to play music for 13 hours a day every day feels extreme when requested so close to people’s homes. I do hope that our concerns will be acknowledged and respected.
Policy Considerations
Policies HRS1 and RTN1 apply under the City Council’s Statement of Licensing Policy (“SLP”). There are no CIA implications to consider. 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
The Presenting Officer Ms Abbott outlined the nature of the application to the Sub-Committee. She confirmed that this wasan application for a new premises licence for Biscuiteer, brought by Biscuiteer Baking Company Limited in respect of the Premises at 14-15 Eccleston Yard, SW1W 9AZ. Mark Chester of the Applicant company is present at today’s hearing. The Applicant seeks the retail sale of alcohol both On and Off the Premises Monday to Sunday 10:00 to 18:00. Originally the terminal hour applied for was 23:00 hours but the Applicant amended the application after positive dialogue with residents. Representations have been received by the Environmental Health Service (Mr Maxwell Koduah), and 12 interested parties 3 of which withdrew their objections along with the Metropolitan Police who also objected originally to the application after agreeing conditions. The Premises is situated within the Warwick Ward and does not fall within any area of cumulative impact.
Mark Chester appearing on behalf of the Applicant Company advised that the original submission was made based on asking for more than in reality we ever sought which we feel caused resident concern. He stated that the resident objectors were written to at the start of December to apologise and explain what the business is all about and its vision for the Premises. Mr Chester confirmed the following:-
· We have since agreed conditions that more arcuately reflect our business.
· We make iced biscuits and have a very substantial online business.
· We serve afternoon tea, and the sale of alcohol should be ancillary to our business as a Cafe.
At this point the Chairman remarked that 3 residents had withdrawn their objection. The LSC Members asked questions of Mr Chester and it was confirmed that this Premises would be the third branch as part of the Applicants property portfolio. The existing branches have been running for a period of between 3-4 years. Mr Chester stated that there has been demand across the business as a whole. The Online arm of the business was doing very well, and this proved successful during lockdown and the café are a successful part of the business. Mr Chester confirmed that the Premises will close at 18:00 hours.
Mr Koduah appearing on behalf of the Environmental Health Service addressed the Sub-Committee. Mr Koduah advised that extensive discussions had taken place with the Applicant and that a site visit had been undertaken. Mr Koduah said that he was very confident with any concerns around public nuisance and that any noise will be kept to a minimum. There are about 8 residents that still have concerns about the application, and it was on this basis why EH had maintained its objection as well as to assist the Sub-Committee with any of the concerns that had been raised.
Mr Koduah said that there was a current licensing issue at the Premises in that the licence is held by a company that is still trading. He said that the Sub-Committee will need to explore the relationship between the Applicant and the current licence holder and whether this can be surrendered.
In answer thereto Mr Chester advised that he only became aware of this specific issue last week and said that the annual licence fee to his knowledge had not been paid.
At this point the Legal Advisor to the Sub-Committee gave his legal advice to the Sub-Committee. He advised that the Act does stipulate that an annual fee is required. Further information is required to establish what investigations the Licensing Authority have taken to see recover of the fee. It was acknowledged that the Licensing Authority had not objected to the application. It was possible for a premise to have one or more licences running at the same time, but it depended upon which of those licences were being implemented for the purposes of licensable activities. The question was posed to Mr Chester as to whether he was prepared to accept a surrender condition. However, the Chairman stated that he doubted very much that the Applicant would be able to give that undertaking if he does not have a relationship with the licence holder.
Mr Jackaman on behalf of the Licensing Authority offered some assistance to the Sub-Committee and stated that he was the officer that prepared the committee report . He said that he had checked the licensing records and it showed that the fee had not been paid for some 2 years therefore the licence will be terminated for non-payment. He advised also that enquiries will be made of the old operator if they wished to surrender the licence as they are not currently trading at the Premises.
The Chairman sought clarification from Mr Jackaman as to what stage does the licence becomes suspended for non-payment. Mr Jackaman stated that it should be suspended immediately however he will now be putting this forward for suspension.
The Legal Advisor requested an adjournment in order that further legal advice could be given to the Sub-Committee. After a short adjournment the Sub-Committee resumed proceedings. The legal advice was that you could have two licences running concurrently. However, the fact that the current licence is to be suspended means that no licensable activities are permitted to take place and to do so would mean a breach of sections 136 and 137 of the Act where offences are committed should unauthorised activities takes place without the relevant authorisation.
The Legal Advisor stated that given the circumstances it would be wholly unreasonable and disproportionate for the Applicant to accept the surrender condition that was mooted earlier. The Sub-Committee concluded that the risk was low given that the licence was to be suspended and if this application was granted there would in any event only be one licence in operation because of the functioning of sections 136 and 137 of the Act.
Mr Chester confirmed that he was agreeable to Model Condition 24 being imposed on the Premises Licence which requires a telephone number at the Premises being made available at all times the Premises is open.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application.
The Sub-Committee welcomed the fact that the Applicant had worked with local residents by engaging and listening to their views by reducing the hours of the application as well as removing regulated entertainment from the application. The Sub-Committee appreciated that the original terminal hour of 23:00 hours was somewhat ambitious, and this caused concern to local residents when it came to the issue of public nuisance and the likely impact this could have on the local area and for residents. The fact that some of the residents had withdrawn their objections signified that those residents were now content with the application.
The Sub-Committee accepted that the suspension of the existing licence would not have an impact for the sale of alcohol that had been applied for and a surrender condition would be unacceptable in accordance with the legal advice given.
In terms of the conditions that were offered by the Applicant and agreed with the Responsible Authorities the Sub-Committee concluded that these would promote the licensing objectives and allay the fears of residents. The many concerns residents had raised with regard to the selling of alcohol at a later terminal hour had now been addressed by the conditions in that the sale of alcohol was to be by waiter/waiter service, off sales would be in sealed containers and the personal condition offered by the Applicant meaning that the Premises would first and foremost remain as a food led Café with alcohol being sold as ancillary.
The Sub-Committee welcomed the Applicant’s assurance and commitment to work with in partnership with local residents going forward when it came to the day to day running of the Premises to ensure the promotion of the licensing objectives. Condition 21 was to be amended so that the hours were changed to read 18:00 as oppose to 23:00.
The Sub-Committee noted that the Environmental Health Service were satisfied with the application and really had only maintained their objection given the initial concerns raised by local residents which were now addressed. The Metropolitan Police representation had been withdrawn and so conditions relating to till prompts, Challenge 25, CCTV, super strength beers etc would all have the desired effect of promoting the crime and disorder licensing objective.
The Sub-Committee considers that the conditions it has imposed on the Premises Licence will mitigate the concerns of those who had objected. The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the Sub-Committee papers and the submissions made by all of the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all of the individual circumstances of this application and the promotion of the four licensing objectives:
1. To grant permission for the Sale of Alcohol (On and Off) Monday to Sunday 10:00 to 18:00 Hours. There are no seasonal variations.
2. To grant permission for the Opening Hours the Premises are Open to the Public Monday to Sunday 10:00 to 18:00 Hours. There are no seasonal variations.
3. To add conditions in the terms specified below.
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 Sub-Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a licensing hearing
6. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a Biscuit Boutique & Icing Cafe
7. 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.
8. All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises
9. Food and non-intoxicating beverages shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
10. 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.
11. 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.
12. The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.
13. No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day.
14. 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
15. The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 30 persons
16. (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) 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.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
17. 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.
18. There shall be no sales of alcohol for consumption off the premises after 23:00 hours.
19. All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
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. The supply of alcohol shall be by waiter or waitress service only.
22. Alcohol sold for consumption on the premises shall only be sold to those seated at tables and ancillary to afternoon tea and to those attending pre-booked master classes.
23. 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.
24. 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.
25. The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a boutique cake and biscuit shop.
26. A register of persons attending the pre-booked classes shall be kept for a minimum period of 31 days at the premises and made available for immediate inspection by police or an authorised officer of the Council throughout the entire 31-day period.
27. 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.
If problems are experienced then a Review of the Licence can be made.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
24 February 2022
Supporting documents:
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LSC Report - Eccleston Yard_Redacted, item 1.
PDF 5 MB - Restricted enclosure View the reasons why document 1./2 is restricted
- Restricted enclosure View the reasons why document 1./3 is restricted