Agenda item
Cafe Espana, Basement to First Floor, 63 Old Compton Street, W1D 6HT
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 14 July 2022
Membership: Councillor Iman Less (Chairman), Councillor Southern and Councillor Sargent
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Others Present: Ms Sara Meloni (Applicant), Mr Jimenz (representing the Applicant), Ms Roxsana Haq (Licensing Authority), Mr Anil Drayan (Environmental Health Service), Mr Richard Brown, (Solicitor, Westminster’s Citizens Advice and representing the Soho Society) and Mr Tim Lord (representing the Soho Society).
Application for a variation of a Premises Licence in respect of Cafe Espana Basement To First Floor 63 Old Compton Street London W1D 6HT – 22/03850/LIPV
Full Decision
Premises
Basement To First Floor
63 Old Compton Street
London
W1D 6HT
Applicant
Sara Meloni
Activities and Hours
Late Night Refreshment (Indoors and Outdoors)
Friday to Saturday 23:00 to 02:00 hours
Hours Open to the Public
Friday to Saturday 10:00 to 02:00 hours
Ward
West End
Cumulative Impact
West End
Special Consideration Zone
None
Representations Received
· Metropolitan Police Service - Withdrawn
· Licensing Authority (Roxsana Haq)
· EHO (Anil Drayan)
· Soho Society (Tim Lord) – Represented by Mr Brown
The Metropolitan Police objected but having agreed conditions and a reduction in the original application, the objection was withdrawn.
The Licensing Authority note that the application falls within the CIP1 policy, and the applicant will have to demonstrate exceptional circumstances to allow to depart from Policy and that the hours fall outside of core hours for restaurants Policy RNT1 and HRS1.
The Environmental Health Service (EHO) objects as the application may undermine the prevention of public nuisance. Conditions have been proposed by the EHO, but not yet agreed.
The Soho Society objects to the proposed hours of trade as this will adversely affect the licensing objectives and increase cumulative impact.
Summary of Application
This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The application seeks to extend the terminal hours for late night refreshment from 00.30 to 02.00 on Fridays and Saturdays only.
There is a presumption to refuse the application unless an exception to policy is made and the Applicant shows that the application will not add to the cumulative effect in the area.
There is a resident count of 162.
The matter will be assessed on its individual merits having regard to the evidence before the LSC and the promotion of the licensing objectives.
Policy Considerations
CIP1
A. It is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other
than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.
D. For the purposes of this policy the premises types referred to in Clause A are defined within the relevant premises use policies within this statement.
HRS1
B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
B. 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 following:
1. 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.
2. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
3. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises
4. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
5. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
6. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
7. The capacity of the premises.
8. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
9. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
Restaurants
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to 12am.
Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to 12am.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
RNT1
· B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. The operation of any delivery services for alcohol and/or latenight refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
· C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption, except if provided via an ancillary delivery service to customers at their residential or workplace address.
4. Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be in a bar area but must also be ancillary to the taking of such meal.
· CIA implications to consider (the applicant will need to demonstrate exceptional circumstances to depart from this policy and demonstrate how the application will not add to negative cumulative impact)
SUBMISSIONS AND REASONS
The Presenting Officer, Kevin Jackaman, introduced the application to the Committee and advised that the application was for a Variation to a Premises Licence for Late Night Refreshment on Friday and Saturday 23:00 to 02:00 hours.
He advised the Committee that representations had been received by the Environmental Health Service, Licensing Authority and the Soho Society. The Metropolitan Police Force had withdrawn their representation following the reduction of hours during consultation and because the Applicant had agreed to their proposed conditions. Mr Jackaman outlined that the premises is within the West End Ward and the West End Cumulative Impact Area.
Mr Jimenz (representing the Applicant) addressed the Sub-Committee. He advised that this was a small family run business which had been operating for 11 years. He outlined that the reason they wished to extend their hours on Friday and Saturday nights was so that they could gain extra trade from people who went to the West End cinemas, as the last showings did not finish until midnight.
The Committee were informed that that the business had suffered badly during the pandemic and the Applicant needed the extra hours at the weekends to make the business viable. He confirmed that the premises had never received any noise complaints and that their customers were responsible and quiet when leaving the premises.
In response to questions from the Sub Committee, Mr Jimenz advised that the Applicant was happy to have a SIA on the door on Friday and Saturday evenings.
He confirmed to the Committee that the Applicant understood that the licensing conditions were more stringent than those currently on her Premises Licence. He also confirmed that she was happy to comply with all the proposed conditions by the Responsible Authorities and promote the licensing objectives. He advised that the Applicant was an experienced operator and the premises had never suffered from crime and disorder. He emphasised that the premises was a seated restaurant where alcohol was ancillary to a table meal until midnight. He emphasised that after midnight only food would be available until 02.00am. He outlined that the Applicant and her family lived above the premises. Soho was their home, so it was in Ms Meloni’s interest to ensure that people behaved themselves whilst in and leaving the premises.
Ms Roxsana Haq representing the Licensing Authority advised that the Licensing Authority had maintained their representation as they were concerned with the increase of hours and that this increase in the terminal hour would add to cumulative impact in the West End cumulative impact area, in accordance with policy CIP1 and HRS1. Ms Haq advised that it was for the Sub Committee to decide what impact the additional one and half hours on the opening time on Friday and Saturday nights would have on the West End Cumulative Impact Area.
Mr Anil Drayon, representing the Environmental Health Service, informed the Committee that the Environmental Health Service had maintained their representation as the hours requested for late night refreshment may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. He added that the hours sought were outside the Council’s core hours policy and there was a presumption to refuse the application unless an exception to policy was made and the Applicant demonstrated that the application would not add to the cumulative effect in the area.
Mr Drayon stated that it was a small family run premises which had not received any complaints or caused any issues to the Responsible Authorities. He explained that the premises was located on the corner of Old Compton Street and confirmed that all the proposed conditions had been agreed with the Police and the Environmental Health Service. He suggested that as this was a family operated business that a personal condition be added to the Premises Licence which would prevent other people operating these hours if ever the premises was sold. This was because the premises was located within the West End Cumulative Impact Area,
He suggested to the Committee that the condition should read ‘The provision of hot food and hot drink for the purpose of consumption on the premises after 00.30 hours on Fridays and Saturdays, shall only be permitted whilst the Premises Licence Holder is Sara Meloni’.
In response to questions from the Committee, Mr Jimenz advised that the premises was located in a very busy area and the Applicant just wanted to offer people a place where they could have a meal late at night. He emphasised again how the hospitality industry had suffered during the pandemic. He added that the Applicant wanted to offer this service to see if it was a viable option for the business. He confirmed that there was no take-away food. He explained that food was served up to 45 minutes before closing time and considered that the offer of food would help calm people down before leaving the West End area. He confirmed that the family owned the whole building and that there was a bed and breakfast next door.
In response to questions from the Committee, Mr Drayon advised that if the Sub Committee were minded to grant the application the variation to the Premises Licence, the grant with new conditions would promote the licencing objectives further than their current Premises Licence. He added that the proposed conditions from the Responsible Authorities were more up to date. He reminded the Committee that an application had not been made to extend the Supply of Alcohol until 02.00am.
Mr Richard Brown, Solicitor, Westminster’s Citizens Advice and representing the Soho Society, advised the Committee that their representation against the application was policy based and was not a criticism of the Applicant or the way they operated their premises. He emphasised that it was simply because of its location, the sheer number of licensed premises in this very busy part of West End Cumulative Impact Area and the number of people who were in the area late at night which caused public nuisance. He referred to the Council’s Restaurant Policy and advised that the premises already operated beyond the Council’s Core Hours Policy. He outlined the possibility of the premises selling a bottle of wine to customers five minutes before midnight which could then be consumed until the premises closed.
The Committee were informed by Mr Brown that high numbers of people in one area attracted criminals who targeted visitors late at night when there were less police present. He added that although the Committee were only considering this application today the overall impact on the area must be considered when determining the application. He commented that the promotion of the licensing objectives was good practice and the state of a premises’ financial issues, which had been raised on a number of recent applications, could be solved in a number of ways and not just by increasing their operating hours. He added that the Soho Society were sympathetic with the Applicant’s situation and have suggested that the Committee grant them a Premises Licence for the hours set out in the application but for a limited period only.
The Committee were informed by Mr Tim Lord representing the Soho Society that the premises was located in a very busy part of Soho which was already a severely impacted area in terms of late-night noise. He acknowledged that he was sympathetic to the difficulties that restaurants had faced during the pandemic and advised that the Soho Society was open to the premises operating with extended hours on a temporary or time limited basis to deal with an ‘one off’ issue. He explained that permanent changes in the trading conditions of restaurants in Soho should ultimately be dealt with through rent reviews or lower rents and not a change in licensing policy. He outlined that the Soho Society had supported the Al Fresco scheme in 2020.
In response to questions from the Committee, Mr Lord advised that the Soho Society would only be content for this application to be granted if it were done so on a temporary basis for say a year or 18 months so the Applicant could recover some of their lost earnings during COVID. He added that if the premises was suffering from a permanent financial problem, then the Applicant needed to look at other ways to change their operation/business model.
The Committee were advised that the Soho Society would be supportive of the Committee granting a personal Premises Licence to the Applicant. This was because the Applicant and her family were local residents who lived above the Premises. He emphasised it would be reasonable to grant a Premises Licence for a limited period for say one year or 18 months in a response to the COVID crisis.
In response to questions from the Committee, Mr Jimenz confirmed that the Applicant wanted the Premises Licence, if granted, to be on a permanent basis and that she was content that the personal condition suggested by the Environmental Health Service be attached to the Premises Licence.
Conclusion
The Committee has determined an application for a grant of a Variation of a Premises Licence under the Licensing Act 2003. The Committee realises that it has a duty to consider each application on its individual merits.
The Committee considered the application on its individual merits. In reaching their decision, the Committee 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 Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Statement of Licensing Policy and on the evidence before it, that it was appropriate and proportionate, in all the circumstances, to GRANT the application.
The Committee consider this provides the right balance for the Applicant, residents and premises when it comes to the promotion of the licence objectives.
The Committee decided that the Applicant had provided valid reasons as to why the granting of the variation of the Premises Licence would promote the licensing objectives having regard to the premises being located within the West End cumulative Impact zone.
The Committee took note that the Applicant lived above the Premises and was therefore a resident of Soho who had a keen interest in keeping the area free of crime and disorder and public nuisance. They were also persuaded that the varied Premises Licence with updated, considered, and stringent conditions promoted the licensing objectives far more that the existing Premises Licence conditions.
The Committee also noted that the premises has traded and been managed thus far without there being an issue as far as crime and disorder and public nuisance is concerned.
The Committee also decided that if they were minded granting the variation for a time limited premises, as suggested, this would be on the basis of the grant not adversely affecting the licensing objectives. If the grant promotes the licensing objectives, then there is no reason or evidence why the variation cannot be permanent.
In reaching its decision, the Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and proportionate and would promote the licencing objectives.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-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 Late Night Refreshment (Indoors and Outdoors) Friday and Saturday 23:00 to 02:00 hours.
2. To grant permission for the Opening Hours of the Premises Friday and Saturday 10:00 to 02:00 hours.
3. The varied premises licence will be subject to any relevant mandatory conditions.
4. The varied premises licence is subject to the existing conditions insofar as they are not varied or amended by the following agreed 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:-
13. 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.
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 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.
15. 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.
16. 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.
17. A minimum of 1 SIA licensed door supervisors shall be on duty at the premises on Fridays and Saturdays from 23:00 hours until close, and they must correctly display their SIA licence(s) when on duty so as to be visible.
18. There shall be no sales of hot food or hot drink for consumption off the premises after Midnight.
19. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
20. 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.
21. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
22. 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.
23. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
24. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
25. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between (23.00) hours and (08.00) hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
26. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (08.00) hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.
27. 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.
28. The number of patrons permitted in the premises at any one time (excluding staff) shall not exceed 60 persons.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
14 July 2022
Supporting documents:
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Cafe Espana Report_Redacted, item 3.
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