The Licensing Sub-Committee (2) of Westminster Council met on Thursday 22 February 2024 to consider three applications for new Premises Licences for restaurant units within the Marylebone Square development. All three applications were granted, subject to numerous conditions.

Applications for New Premises Licences Granted

The committee considered applications for new Premises Licences for three restaurant units located at Unit 2, 26 Aybrook Street, W1U 4AN; Unit 3, 11 Cramer Street, W1U 4EA; and Unit 9, 7 St Vincent Street, W1U 4DA. All three applications were made by Moxon Street Residential (Luxembourg) S.a R.l.

A significant number of representations were received from local residents, the Marylebone Association, and St Vincent Catholic Primary School. The primary concerns raised included potential noise and public nuisance, disruption to the residential character of the area due to extended operating hours, the dispersal of patrons, the close proximity to a primary school, and the potential for increased anti-social behaviour and litter.

The applicant, represented by Mr Jack Spiegler and Mr Gavin de Klerk, addressed these concerns by proposing several amendments to their original applications. These included reducing the proposed closing times to align with the Council's Core Hours Policy, removing any scope for standalone bar use within the restaurants by volunteering Model Condition MC66, and withdrawing external areas from the on-licence demise. They also highlighted a comprehensive servicing and management plan designed to minimise street-level activity.

Despite the objections, particularly those from St Vincent Catholic Primary School regarding the proximity of Unit 9 to the school, the committee decided to grant all three applications. The committee noted that policies HRS1 and RNT1 generally favour the granting of applications for restaurants within core hours outside the West End Cumulative Impact Zone. They considered that the robust conditions proposed by the applicant, along with the amendments made, would uphold the licensing objectives. The committee also placed weight on the fact that the concerns of the Environmental Health Services had been addressed, with EHS confirming their satisfaction with the applications.

Specific conditions were imposed on each licence, including:

• Operating Hours: All premises were granted permission for Late Night Refreshment and Sale by Retail of Alcohol within the Council's Core Hours, with seasonal variations. Opening hours were also set within these core hours.
• Restaurant Operation: All premises must operate solely as restaurants, with alcohol supplied by waiter or waitress service only, and food in the form of substantial table meals. No takeaway service for immediate consumption was permitted.
• Noise and Nuisance: Conditions were imposed to prevent noise, vibration, fumes, steam, and odours from causing a nuisance. Windows and external doors must be kept closed after 21:00 hours. Notices requesting patrons to leave quietly were to be displayed.
• Queuing and Dispersal: Conditions were added to control queuing outside the premises and to limit the number of patrons temporarily leaving for smoking or phone calls to six at any one time. A dispersal policy was to be made available.
• Proximity to School (Unit 9): In recognition of concerns raised by St Vincent Catholic Primary School, specific conditions were imposed on Unit 9, including preventing the use of external tables and chairs on St Vincent Street, designating a smoking area on Aybrook Street, and limiting the number of smokers to six at all times. A condition preventing the operation of any food delivery takeaway service from the premises was also added.
• Capacity: The maximum capacity for each unit was to be determined on clearance of works conditions, with a specific limit set for Unit 9 not exceeding 120 persons.
• CCTV and Incident Log: Comprehensive CCTV systems and incident logs were mandated for all premises.
• Deliveries and Waste: Conditions were imposed on delivery and waste collection times to minimise disruption to residents.

The committee stated that they did not consider it appropriate or proportionate to reduce the operating hours further or to limit the use of outside tables and chairs to 19:00 hours, as the proposed conditions and concessions made by the applicant were deemed sufficient to uphold the licensing objectives.

The full decisions for each premises licence are detailed within the minutes of the meeting.