The agenda for this meeting of Westminster Council's Licensing Sub-Committee (4) included four applications for new licences and variations. These included applications for restaurants and bars at the American Embassy, Marconi House on the Strand, and 10 Clifton Road in Little Venice. The Committee also considered an application for a new restaurant at 14-18 Brompton Road.

Radio At the ME Hotel (10th Floor)

The Committee were scheduled to consider an application by Upmarket Leisure Limited for a variation of the premises licence for Radio at the ME Hotel on the 10th floor of Marconi House.

The application requested permission to:

1. Vary the layout of the premises.
2. Remove conditions 15-19 and 21, which relate to the operation of the terrace, and replace them with new conditions that would:
   • Require the doors to the hatched blue area of the terrace on the plan attached to the licence to be kept closed after 22:30, except for the central door which should only be opened for access and egress.
   • Require all patrons on the blue hatched area of the terrace to be seated after 22:30.
   • Limit the number of patrons permitted on the blue hatched area of the terrace to 60 after 22:30.
   • Prohibit music on the blue hatched area of the terrace after 22:30.
   • Require the terrace to be cleared of all patrons by 02:00.
   • Require the retractable roof over the terrace to be closed by 22:30.
3. Add live and recorded music to the licence from 08:00 to 02:00 daily, but only indoors.
4. Remove the requirement for waiter/waitress service.
5. Remove the requirement to have SIA registered door supervisors from 15:00 and replace it with a requirement for a risk assessment to be carried out to determine how many SIA door supervisors are required. The risk assessment should propose a ratio of at least 1 door supervisor per 75 guests and must be kept at the premises for at least 21 days. Regardless of the risk assessment, a minimum of one door supervisor must be on the 10th floor terrace from 21:00 until the end of licensable activities.
6. Require the management team and all relevant staff to complete Welfare and Vulnerability Engagement training within three months of the licence becoming operational.
7. Remove the requirement to decant bottled beers and lagers into glasses before serving them.
8. Remove the requirement to prevent litter or waste arising from customers outside the premises.

An objection to the application was received from a local resident. The objection relates to the proposed removal of Condition 39, which requires the licence holder to:

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.

The resident states that:

Crowding, specifically under the effect of alcohol whether seated or standing, near [redacted] (Noise and other disturbances) and is security risk of the [redacted].

The resident also objects to the application on the grounds that:

Since [redacted] and ME Hotel [redacted], any activity which may potentially obstruct vehicular access at any time, should not be permitted near [redacted].

The resident also requests that music noise be kept below legal limits.

Le Caprice

The Committee were scheduled to consider an application by Caprice Holdings Limited for a new premises licence for Le Caprice at the American Embassy. The licence would permit:

• Late night refreshment indoors and outdoors from 23:00 to 00:00, Monday to Sunday, including New Year's Eve to New Year's Day.
• The sale of alcohol for consumption on and off the premises from 09:00 to 00:00, Monday to Sunday, including New Year's Eve to New Year's Day.

The application was supported by a noise assessment carried out by RBA Acoustics.¹

The report states:

In summary, our report suggests that the new premises will not have a detrimental noise impact on the nearby residential properties.

The applicant offered 22 conditions, listed at Appendix 4 of the report pack, that would restrict the licensable activities.

The Environmental Health Service initially raised an objection to the application on the grounds that the requested hours were outside the core hours specified in the Council's Statement of Licensing Policy.

The Council's Statement of Licensing Policy states:

Core hours are those hours where the provision of licensable activities is assessed to have minimal impact on existing amenities and this represents an appropriate balance between the needs of licenced premises and the residents who live and operate in the local area.

The relevant core hours for a restaurant are:

• 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.

However, Environmental Health withdrew their representation after reviewing the conditions offered by the applicant.

Objections to the application were received from two local residents.

One of the residents states that:

The cumulative effect of a large increase in late night and drink led premises and night cafes has led to serious problems of disorder and / or public nuisance affecting residents, visitors, and other businesses in other areas of Westminster. The proposed licensee plans to introduce a large amount of activity, including late night drinking, to a traditionally residential street.

The resident also notes:

Importantly, the Grosvenor estate prevents residential owners from introducing double pane glass on street facing windows. This is putatively done to maintain the character, heritage, and nature of the neighbourhood. However, this also does not allow the applicant's residential neighbours to have high grade sound insulation and uniquely exposes residents next to the applicant to noise pollution. As such, development in the area must be particularly sensitive to the potential for noise and nuisance risk.

The resident requested the following conditions:

• Condition 11 should be modified to restrict customer use of external areas to between 08:00 and 22:00.
• An additional condition should be introduced to specify that all use of external areas should cease from 23:00 until 07:00.
• A condition should be introduced which strictly prohibits the use of outdoor space for large groups (in excess of 4).
• A full-time valet should be provided to manage guests entering and exiting the premises.

The other resident's objection states:

The section of Upper Grosvenor Street that the applicant sits on is a highly residential street. Almost all units directly across from the proposed restaurant are residential. The licensee seeks to seat outdoor diners in what is an effective extension of the main building in all directions with the creation of semi-permanent, fully sheltered outdoor areas. This is a significant departure from any precedent in the area, particularly for a highly residential area.

The resident requested the following conditions:

• Condition 11 should be modified to restrict customer use of external areas to between 08:00 and 22:00.
• An additional condition should be introduced to specify that all use of external areas should cease from 23:00 until 07:00.
• A condition should be introduced which strictly prohibits the use of outdoor space for serving standing guests, gatherings, parties, marquees, and events. Seating of groups larger than 5 in outdoor bays should also be prohibited.
• A full-time valet should be provided to manage guests entering and exiting the premises.

10 Clifton Road

The Committee were scheduled to consider an application by Krasion Ltd for a new premises licence for a wine bar/wine shop called Tannin and Oak at 10 Clifton Road. The requested hours for the sale of alcohol, for consumption both on and off the premises, were:

• Monday to Friday: 10:00 to 23:00.
• Saturday: 10:00 to 23:00.
• Sunday: 12:00 to 22:00.

The applicant stated that the focus of the bar would be:

on high quality wines which will also be available by the glass, using a Coravin system, to enable customers to enjoy or taste fine wine without having to purchase bottles.

They also stated that:

There will be a simple food offering comprising cheese and charcuterie, terrines, dips etc complimenting the wines.

and that:

Subject to obtaining the necessary pavement licence 15 covers outside are proposed.

Environmental Health raised an objection to the application on the grounds that it might undermine the licensing objectives of the prevention of public nuisance and for public safety. They requested further information regarding:

the operation of the garden and any external areas to prevent nuisance, operation within the premises so it does not affect other users in the building block via internal transfer of noise, sanitary accommodation for the proposed capacity, assessment of safe capacity, food operation to prevent odour etc.

They also requested a site visit to discuss these matters further.

Four objections were received from other persons, including one from the Paddington Waterways and Maida Vale Society.²

The Society's objection stated:

Our representation is made on the basis that the likely impact of the application, if granted as applied for, would be to harm the licensing objectives, particularly that of prevention of public nuisance.

They also stated:

These premises are located in a busy road, served by three buses, There are also residential units nearby. We believe the activities proposed will add significantly to the nuisance and noise late at night, in addition to impacting on anti-social behaviour. We feel the 23:00 suggested for the outside tables is too late. Of course noise will continue anyway as the seating is dismantled.

The Society requested the following conditions:

• Customers inside the premises must be seated.
• Drinks must be served ancillary to a meal.
• If drinks are not to be ancillary to food then the sale of alcohol should be ancillary to the operation of the wine shop.
• The use of the rear garden for commercial purposes should be prohibited.

The other objectors' concerns were similar to those raised by the Society, particularly in relation to noise from patrons using the rear garden.

14-18 Brompton Road

The Committee were scheduled to consider an application for a new premises licence by Domu Restaurant for a restaurant at 14-18 Brompton Road.

The applicant did not provide any supporting documents for the application.

There were no representations from responsible authorities or other persons regarding the application.