Agenda item
Jeru, 11 Berkeley Street, W1J 8DS
- Meeting of Licensing Sub-Committee (3), Thursday 29th February, 2024 10.00 am (Item 2.)
- View the background to item 2.
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)?
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Thursday 29 February 2024?
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Membership:? Councillor Robert Eagleton (Chair)
Councillor Ed Pitt Ford
Councillor Judith Southern
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Officer Support: Legal Adviser: Michael Feeney
Policy Officer: Aaron Hardy
Committee Officer: Steve Clarke
Presenting Officer: Roxsana Haq
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Other Parties: Craig Bayless (Keystone Law - Applicant’s Agent)
Corey Lane (Operations Director – 11 Berkeley Street Limited)
Maxwell Koduah (Environmental Health Service)
Richard Brown (Interested Party)
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Application for a Variation of a Premises Licence in respect of Jeru, 11 Berkeley Street, W1J 8DS (23/09171/LIPV)
FULL DECISION
Case Summary
This is an application for a Variation of a Premises Licence under the Licensing Act 2003 (“The Act”). The premises operates as a restaurant with ancillary bar and
bakery/patisserie.
The application seeks the following:
· To extend the terminal hour for licensable activities to midnight Sunday to Wednesday and to 01.00 on Thursday.
· To vary condition 50 and 51 as shown in section 1-D of the officer’s report.
The premises has had the benefit of premises licence since 2016 which is still in place (22/07913/LIPRW). A new premises licence was granted in 2021, however, it was surrendered in November 2023 (23/04503/LIPDPS). A new premises licence was granted in September 2023 (23/03922/LIPN) and is proposed to be varied as part of this application. A copy of the full premises and Temporary Event Notice history can be found at Appendix 3 to the officer’s report.
The Premises is located within the West End Ward and falls within the Mayfair Special Consideration Zone. The Premises does not fall within any cumulative impact area.
There is a resident count of 49.
Representations were received from the Environmental Health Service, and 3 Interested Parties citing concerns regarding public nuisance and public safety.
Premises
Jeru
11 Berkeley Street
London
W1J 8DS
Applicant?
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11 Berkeley Street Limited
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Cumulative Impact Area?
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None
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Special Consideration Zone?
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Mayfair Special Consideration Zone
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Ward?
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West End
Representations Received?
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· Environmental Health Service (Maxwell Koduah)
· Mike Dunn, Mayfair W1K
· 17 Berkeley Street Residents Association
· Bill Way, Mayfair W1J
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Policy Considerations
Policies HRS1, RNT1 and SCZ1 apply under the City Council’s Statement of Licensing Policy (“SLP”).
Policy HRS1
A. Applications within the core hours set out below 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.
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. If the application is located within a Special Consideration Zone they have demonstrated that they have taken account of the issues identified in that area and provided adequate mitigation.
3. 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.
4. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises.
5. The proposed hours when any music, including incidental music, will be played.
6. 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.
7. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
8. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
9. The capacity of the premises.
10. 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.
11. 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.
12. Conditions on hours may be attached that require that the supply of alcohol for consumption on the premises ceases a suitable period of time before customers are required to leave the premises.
13. The council, acting as the Licensing Authority, may reduce hours if, after review, it is necessary to impose conditions specifying shorter hours in order to promote the licensing objectives.
14. Specific days for non-standard hours should be identified and justified as part of the application to allow responsible authorities and interested parties to evaluate the impact that these licensable activities may have, and to plan accordingly. The consideration of applications for later hours for Bank Holiday Mondays will take into account that later hours are generally granted for preceding Sundays and that the next day is a working day. Non-specific days are expected to be covered by Temporary Event Notices or variation applications.
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:
6. Pubs and bars, Fast Food and Music and Dance venues Monday to Thursday: 10am to 11.30pm. Friday and Saturday: 10am to Midnight. Sunday: Midday to 10.30pm. Sundays immediately prior to a bank holiday: Midday to Midnight.
8. Restaurants Monday to Thursday: 9am to 11.30pm. Friday and Saturday: 9am to Midnight. Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to Midnight.
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.
E. For the purposes of this policy, ‘premises uses’ are defined within the relevant premises use policies within this statement.
Note: The core hours are for all licensable activities but if an application includes late night refreshment, then the starting time for that licensable activity will be 11pm.
Policy RNT1
A. Applications outside 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 being 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 taken account of the Special Consideration Zones Policy SCZ1 if the premises are located within a designated zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
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.
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.
Policy SCZ1
A. In addition to meeting the other policies within this statement, 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.
B. For the purpose of Clause A, the designated Special Consideration Zones are:
· West End Buffer
· Queensway/Bayswater
· Edgware Road
· East Covent Garden
· Mayfair
· Victoria
Submissions
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The Presenting Officer summarised the Application, highlighting that the Premises fell within the Mayfair Special Consideration Zone. The Premises did not fall within any cumulative impact area. A representation had been received from the Environmental Health Service who were represented at the hearing by Maxwell Koduah. It was also noted that representations had been received by 3 other Interested Parties; the Interested Parties were being represented at the hearing by Richard Brown.
Corey Lane (11 Berkeley Street Limited) was present as the Applicant with Craig Bayless present as the Applicant’s Agent. They addressed the Sub-Committee highlighting that the application was not an example of the operator looking to get more patrons in the door later into the night; the application was a way in which the operator could allow patrons who were already on the premises at 23:30 to comfortably stay for longer. It was also noted that there had been no complaints arising directly as a result of the premises’ operation and that noise concerns were a result of more general concerns raised with the local area.
It was noted that one of the Environmental Health Service’s concerns was dispersal, and the Applicant highlighted that they did have a formal dispersal policy and utilised an area of the premises as a holding area whilst patrons waited for their taxis. By day, the area was a café/bakery associated with the restaurant; during the evenings this area was a safe and quiet area available to be used as an indoor space for patrons waiting on their taxis, and there were also door supervisors present.
The Sub-Committee queried whether, should the application be granted, it would be an opportunity for the restaurant to take more bookings later into the evening. The Applicant denied this noting that they had applied for a number of temporary event notices which had been successful occasions and that the primary reason for the application was to allow patrons more time to finish their meal and not be hurried.
A representation had been received from the Environmental Health Service (EHS) who were represented at the hearing by Maxwell Koduah. It was noted that the EHS were still not satisfied with the application and concerns remained with the premises’ opening hours and the dispersal of patrons from the premises. It was noted that the EHS had not seen the operator’s dispersal policy and that they would need to see the policy before being satisfied that it addresses their concerns. The EHS highlighted that part of the application pushed the premises beyond Westminster’s core hours policy.
Richard Brown was present on behalf of the three Interested Parties who had submitted representations. He addressed the Sub-Committee noting that residents did not have any specific concerns with the premises in question, however, there were concerns regarding the situation on Berkeley Street as a whole.
Mr Brown noted that the application in front of Members was not particularly considerable, but residents were concerned that the premises had altered its operating hours significantly over time by way of piece meal applications. Specific attention was drawn to the context of the application with regard to creep applications. The Interested Parties remained concerned with the proposed opening hours on Thursdays and Sundays.
The Applicant noted that they could circulate the dispersal policy to all parties for their review. The Sub-Committee agreed to briefly adjourn for all parties to read and review the dispersal policy, specifically for the EHS to review the policy.
The Sub-Committee adjourned the hearing at 11:32am for all parties to review the dispersal policy. The Sub-Committee reconvened at 11:53am.
It was noted that there were enough provisions within the dispersal policy to satisfy the EHS’ concerns regarding dispersal from the premises. It was understood that a particular concern on the street was inconsiderate parking and occurrences of double parking. The Applicant highlighted that they were unable to control parking on the street, but the café/bakery area used for holding customers waiting for taxis was beneficial to the situation by facilitating the quick and quiet dispersal of patrons waiting for a taxi. Mr Brown raised concern with the dispersal policy primarily relating to events and functions rather than the day to day operation of the restaurant.
In summing up, Mr Brown highlighted that the Interested Parties were happy with the additional 30 minutes applied for on Mondays to Wednesdays, their concerns remained with the additional 90 minutes applied for on Thursdays and Sundays, these were deemed excessive. The Applicant stated that on Sundays, they had an Arab clientele who were accustomed to later hours, this was part of the reason for the variation application.
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Reasons and Conclusion
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The Sub-Committee has determined an application for a Premises Licence Variation under the Licensing Act 2003. The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.
The Sub-Committee decided that it would be reasonable and appropriate to extend the opening times Monday-Wednesday by half an hour, as this was deemed generally acceptable by all parties, and the Applicant is a responsible operator.
The Sub-Committee was more concerned about the proposal to extend the closing time on Thursdays and Sundays by 1.5hrs, to 01:00 and 00:00 respectively. The Premises already operated beyond core hours on Fridays and Saturdays, and the proposal was considered a significant extension beyond core hours for both Thursday and Sunday. The Interested Parties had presented evidence of noise nuisance being a significant problem on Berkeley Street, and the Mayfair SCZ policy stipulated that one of the local issues that had to be addressed by applicants was noise nuisance. Although the dispersal policy was eventually provided at the hearing, an extension to 01:00 on Thursdays and 00:00 on Sundays was considered likely to exacerbate existing noise nuisance problems on Berkeley Street by pushing dispersal of customers later into the evening.
Furthermore, although the Applicant stated that the current intention was not to have more people in the restaurant, extending the hours on Thursdays and Sundays by 1.5hrs created the potential for there to be later sittings and more people attracted into the area.
The Sub-Committee therefore decided that it was appropriate and proportionate to extend the opening hours Sunday and Thursday by half an hour on each day, in line with the extension granted Monday-Wednesday. This would allow patrons in the restaurant to stay longer but would strike the right balance in protecting the residential amenity of local residents. As the revised closing time on Thursdays is midnight, there is no need to amend conditions 50 and 51 as the amendments were predicated on the closing time on Thursdays being extended to 01:00.
Having carefully considered the committee papers, the additional papers and the submissions made by all 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 to grant the application as follows:
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1. To grant permission for Playing of Recorded Music Monday to Thursday 23:00 to 00:00 Friday to Saturday 23:00 to 01:00 Sunday N/A???
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2. To grant permission for Performance of Live Music Monday to Thursday N/A Friday to Saturday 23:00 to 01:00 Sunday N/A?
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3. To grant permission for Late Night Refreshment Monday to Thursday 23:00 to 00:00 Friday to Saturday 23:00 to 01:00 Sunday N/A???
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4. To grant permission for Sale by Retail of Alcohol Monday to Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 01:00 Sunday 12:00 to 23:00???
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5. To grant permission for the Opening Hours of the Premises Monday to Thursday 07:00 to 00:00 Friday to Saturday: 07:00 to 01:00 Sunday 07:00 to 23:00??
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6. That the Licence is subject to any relevant mandatory conditions.??
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7. That the proposed revisions of Conditions 50 and 51 by the Premises Licence Holder are refused and therefore remain the same in full force and effect along with the rest of the other conditions imposed on the Licence.??
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
29 February 2024
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Supporting documents:
PDF 2 MB