Agenda item
109 Westbourne Park Road, W2 5QL
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 1
(“The Committee”)
Wednesday 20th July 2022
Membership: Councillor Aziz Toki (Chairman), and Councillor Caroline Sargent
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Georgina Wills
Presenting Officer: Emanuela Meloyan
Present: Ash Vaish, Applicant, Curve And Edges Ltd
Richard Brown, Westminster’s Citizens Advice (representing, John Zamit, The South East Bayswater Residents’ Association)
Application for a New Premises Licence in respect of 109 Westbourne
Park Road London W2 5QL- 22/03062/LIPN
Premises
109 Westbourne Park
Road
W2 5QL
Applicant
Curve And Edges Ltd
Ward
Bayswater
Cumulative Impact
N/A
Special Consideration Zone
N/A
Activities and Hours applied for
Sale by Retail of alcohol (On Sales Only)
Monday to Sunday 09:00 to 23:00
Opening Hours for the Premises
Monday to Sunday 09:00 to 23:00
Summary of Application
The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises intends to operate as a restaurant on the ground floor and basement of the premises. There is a bar located in the basement. The Premises are located within the Bayswater Ward and not located in any Cumulative Impact Zone or Special Consideration Zone.
Representations Received
- Metropolitan Police (PC Reaz Guerra / Withdrawn)
- Environmental Health Service (Maxwell Koduah / Withdrawn)
- The South East Bayswater Residents' Association (SEBRA)
- Six residents (three residents Withdrawn)
Summary of Representations
- The Metropolitan Police Service had made representation in relation to the application as the proposal may undermine the licencing objectives of Prevention of Crime and Protection of Children from Harm. The Metropolitan Police Service withdrew their representation following the Applicant amending their Conditions.
· Environmental Health Service had made a representation as the hours requested to perform live music and play recorded music may have the likely effect of causing an increase in Public Nuisance within the area. That the supply of alcohol and the hours requested to supply alcohol may have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area. Environmental Health Service withdrew their representation following the Applicant amending their Conditions
· The South East Bayswater Residents' Association had made representation on the grounds of potential nuisance, noise etc (along with potential crime & disorder) to the area and to neighbours above or adjacent along with those living in the large block of flats immediately opposite.
- Residents raised concerns over Public Nuisance and Crime and Disorder. Three residents withdrew their representation.
HRS1
- Under Policy HRS1, applications within the core hours set out in the policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy and applications for hours outside the core hours set out in the policy will be considered on their merits, subject to other relevant policies, and with particular regard to the matters identified in Policy HRS1.
RNT1
- Under Policy RNT1, 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 applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone. 4. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
1. The Presenting Officer, Ms Emanuela Meloyan introduced the application to the Committee and advised that the application was for a new Premises Licence for a restaurant. She confirmed that representations against the application had been received by the Environmental Health Service, Metropolitan Police, The South East Bayswater Residents’ Association and six local residents. The Environmental Health Service, Metropolitan Police and three residents had withdrawn their representations.
2. The Applicant has agreed a set of conditions and reduced hours applied for. The Committee were informed that that the Premises are within the Bayswater Ward and not situated in any Cumulative Impact Zone or Special Consideration Zone.
3. Mr Vaish, Applicant Curve And Edges Ltd, advised that the Premises intended to operate as a restaurant and would offer a fusion of Indian, Chinese, and Korean cuisine. He informed the Committee that the Curve And Edges Ltd comprised of a group of chefs who had experience in the restaurant sector.
4. The Committee was informed by the Applicant that issues surrounding operating in a residential area was known. This required them to ensure that there was no nuisance emanating from the Premises. Mr Vaish confirmed that the operational hours and licensable hours had been amended and reduced. The Applicant has no connections with the previous Licence holder or Premises.
5. In response to the Committee, Mr Vaish advised that the Company operated numerous Premises in the City. He advised that the restaurant had not yet been launched. Mr Vaish advised that conditions proposed by Environmental Health Service and Metropolitan Police had been agreed. Mr Vaish advised that interior of the Premises was very small and confirmed that the terrace would not be in use.
6. Following questions from the Committee Mr Vaish advised that the external area would be used for smokers and that no alcohol or meals will be served in this vicinity.
7. The Committee was informed by Mr Richard Brown, Westminster’s Citizens Advice, representing, John Zamit, (SEBRA) that he had had dialogue with the Applicant and had agreed conditions. Mr Brown submitted that he was also representing the other three local residents who had not withdrawn their representations. Mr Brown commended the Applicant who had agreed conditions proposed by SEBRA. This included permitting only five smokers in the forecourt and notices being displayed which requires patrons to be respectful of residents and the area.
8. Mr John Zamit, SEBRA, advised the Committee that a number of objections had been made against the previous License and confirmed that the Premises was situated in a heavily residential area. Mr Zamit advised that the Applicant had agreed to conditions proposed by SEBRA regarding smoking in the Premises forecourt.
9. In response to the Legal Officer, Mr Vaish advised that Conditions 34 and 35 had been agreed.
10.The Legal Officer advised that conditions which were not relevant to the applicant, such as conditions restricting regulated entertaining would be deleted, if the Committee were minded to grant the application.
DECISION
The Committee is aware that it has a duty to consider each application on its individual merits and did so when determining this application.
The Committee decided that the Applicant had provided valid reasons as to why the granting of the New Premises Licence would promote the licensing objectives.
The Committee had regard to, but not exclusively to the fact that the premises is not located in a CIZ or SCZ, that the Applicant had liaised with the residents and authorities.
Having carefully considered the committee papers, Licensing act 2003, Westminster’s Statement of Licensing Policy, the Revised Guidance issued under sec 182 of the Licensing Act 2003 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:
a) To grant permission for the Sale of Alcohol for consumption on the Premises Monday to Sundays 09.00 to 23:00 hours
b) To grant permission for the premises to open to the Public Mondays to Sundays 09.00 to 23:00 hours
c) The New Premises Licence shall be subject to the relevant Mandatory Conditions 1- 8
d) The New Premises Licence shall be subject to the following conditions agreed at the hearing which are considered appropriate and proportionate to promote the licensing objectives:
Agreed Conditions consistent with the operating schedule.
9. There shall be no consumption of alcohol outside the premises building.
10. 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
11. All windows and external doors shall be kept closed after 21:00 hours, except for the immediate access and egress of persons.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly
13.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
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times
15. 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
16. 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.
17.No deliveries to the premises shall take place between 20.00 and 08.00 hours on the following day
18.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
19.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
20.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.
21.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.
22.All emergency exit doors shall be available at all material times without the use of a key, code, card, or similar means.
23.All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device
24.No licensable activities shall take place at the premises until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority.
25.No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. The capacity so determined shall not exceed 40 persons on the ground floor and 25 persons in the basement.
26. (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.
27.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.
28.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
29.Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall not be permitted to take drinks or glass containers with them
30.There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.
31.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, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service.
32. The premises shall only operate as a restaurant,
(i) in which customers are shown to their table or the customer will select a table themselves,
(ii) where the supply of alcohol is by waiter or waitress service only,
(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
(iv) which do not provide any takeaway service of food or drink for immediate consumption off the premises,
(v) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
For the purpose of this condition ‘Substantial Table Meal’ means –a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.
33.No deliveries from the premises, either by the licensee or a third party shall take place between 20:00 and 08:00 hours on the following day.
34.Patrons permitted to temporarily leave and then re-enter the premises, e.g., to smoke or make a phone call, shall be limited to (5) persons at any one time.
35.Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
This is the Full Decision of the Licensing Committee which takes effect forthwith.
The Licensing Sub-Committee
20 July 2022
Supporting documents:
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109 Westbourne Park Road Report_Redacted, item 1.
PDF 597 KB - Restricted enclosure View the reasons why document 1./2 is restricted