Agenda item

Café Baku Ltd, 22-24 Lansdowne Row, W1

17/04644/STTCV

Application determined under Section 21 of the City of Westminster Act 1999.

Application to vary the existing temporary licence, increasing the hours when the tables and chairs can be used from 23:00 to midnight every day of the week. 

Decision (including reasons if different from those set out in report):

The Sub-Committee heard from Ms Hogg, representing the Applicant in respect of the application.  Ms Hogg referred to the premises at 22-24 Lansdowne Row having planning permission for the use of the pavement for the placing of tables and chairs until midnight for the temporary period until 30 April 2018.  She stated that this would have taken into account considerations such as those relating to amenity and potential disturbance to residents.  She stated that she was aware that it is rare for the Council to allow the public highway to be used after 23:00 for placing tables and chairs.  The exceptions for later external seating were in central Westminster locations such as Leicester Square and Heddon Street.  Ms Hogg expressed the view that there were exceptional grounds for varying the existing temporary tables and chairs licence and permitting their use until midnight.

The exceptional grounds given by Ms Hogg included that there was a limited number of residents in the locality that she believed were impacted by customers sitting outside the premises until midnight.  It was her view that any noise would be contained in Lansdowne Row.  She referred to the nearest residents living in Curzon Street on the western side and Berkeley Street on the eastern side whilst the southern side of Lansdowne Row was occupied by a hotel and the northern side of Lansdowne Row by offices.  In terms of the dispersal of customers, Ms Hogg commented that with traffic and ambient noise at this location including from other premises, up to a maximum of 26 people leaving from the outside area would have a minimal impact on residents. 

Another reason given by Ms Hogg as to why the temporary tables and chairs licence should be extended to midnight was the profile of the customers being different from other premises.  This was because the style of the offering was centred around shisha, imported from Azerbaijan.  She described this as being relatively expensive (about £50 per hour to customers to partake) and was traditionally enjoyed during the evening and after dinner.  Alcohol sold at the premises was responsible for approximately 10% of sales and consumption was very low.  Ms Hogg added that customers leaving the premises at midnight were likely not to be intoxicated or be having loud conversations.

Ms Hogg stated that the additional hour was sought because customers finished their dinners at around 22:00.  If they were told to leave at 22:30 in order that the tables and chairs condition could be complied with, they would be reluctant to partake in the shisha.  She believed that the restrictions on the hours for the tables and chairs deprived customers from being able to enjoy the hours for the licensable activities on the existing premises licence which were permitted in terms of late night refreshment and sale by retail of alcohol until 23:30 Monday to Thursday and midnight Friday to Saturday and on Sundays prior to Bank Holidays.

The Sub-Committee heard from Mr Watson.  He advised that Environmental Health was supporting the policy to remove tables and chairs from the public highway at 23:00 in order to promote the licensing objective of preventing public nuisance.  He made the point that the intention of the policy was that at 23:00 noise from street activities would be substantially reduced and that licensed premises would then either trade inside or close if they did not operate longer hours than what was permitted externally. 

Mr Watson informed the Sub-Committee that the tables and chairs at Baku were enclosed in the external area because historically they had been subject to enforcement.  It had been necessary to ensure they were compliant with the Health Act 2006 with regard to shisha smoking.  There had been complaints at the end of 2014 / beginning of 2015 relating to the use of hot coals for the purposes of shisha smoking and also loud music.  Mr Watson stated that some of the complaints had been received from residents.  There were indeed residents who live in a block in Lansdowne Row, close to the premises.  He added that there had been no recent complaints received in 2016/2017.

The Applicant was asked whether he was using electric firing for the purposes of shisha smoking rather than hot coals.  He replied that he was not because it was more complicated.  He would however look at the electric firing method.  He was advised that he needed to avoid using hot coals inside which had implications in terms of creating carbon monoxide. 

Mr Zargarian confirmed that he did provide hot food inside the premises.

The Sub-Committee did not consider that there were valid reasons for extending the use of the tables and chairs outside on the public highway beyond 23:00 and refused the application.  Café Baku is not situated in central locations such as Leicester Square or Heddon Street.  The “exceptional” reasons given on behalf of the Applicant, included that residents would not be affected by the outside area of the premises being operated until midnight.  However, Environmental Health had advised that there were residents who live in close proximity to the premises.  They had made complaints before and it was reasonable to believe that there was the potential for them to be adversely impacted by people sitting outside the premises smoking shisha (and possibly engaging in licensable activities) until midnight and then dispersing.

The Sub-Committee also advised the Applicant and his Representative when announcing the decision that there was no reason as to why customers were being told to leave the outside area at 22:30.  This area could be used until 23:00.  Members noted that the Applicant was still using the inside of the premises until the terminal hours for the permitted licensing activities to sell hot and cold food and alcohol.  Customers were therefore not being prevented from being able to enjoy the hours for the licensable activities on the existing premises licence inside the premises.