The Licensing Sub-Committee (3) of Westminster Council met on Thursday 18 April 2024 to determine three licensing applications. The committee granted a variation to the premises licence for Merkur Cashino, allowing extended operating hours. The application for a new premises licence for Jouri was granted with conditions, and the application for a new premises licence for Damascus Bride was granted with conditions.

Merkur Cashino, Basement and Ground Floor, 182-184 Edgware Road, W2 2DS

The committee granted the variation to the premises licence for Merkur Cashino. This variation allows the premises to remove existing conditions limiting the hours of use for bingo and gaming machines, and to replace them with a new condition stating that the premises can be open to the public for bingo and other gaming machine use from Monday to Sunday, 07:00 to 06:00.

The application was called Merkur Cashino and sought to vary its existing bingo premises licence. The variation requested the removal of conditions limiting operating hours and the use of bingo and gaming machines, and to replace them with a condition allowing operation from 07:00 to 06:00 daily.

Several representations were received, including from the Licensing Authority (LA), the Metropolitan Police Service (MPS), and various residents' associations. The LA expressed concerns about the premises' appearance as a bingo venue due to the number of gaming machines and requested further submissions on machine numbers and income split between bingo and gaming machines. The MPS opposed the extension of hours, citing concerns about potential increases in crime and anti-social behaviour, particularly in the Paddington (South) Gambling Vulnerability Zone. Residents' associations also raised objections regarding potential increases in crime, disorder, noise, and the impact on vulnerable people, particularly in light of the premises' location within a vulnerability zone and its proximity to residential areas and a McDonald's restaurant.

The applicant, Merkur Slots UK Limited, argued that they were experienced operators with a strong regulatory record and that their existing and proposed conditions, including the addition of an SIA-licensed door supervisor from 18:00 to 06:00 daily and a minimum of two staff members during these hours, would adequately mitigate risks. They also highlighted that two nearby adult gaming centres operated 24-hour licences without conditions and had not faced reviews. Expert evidence from covert observations was presented, suggesting no harm to licensing objectives at the applicant's premises or nearby competitors.

The committee noted the applicant's extensive existing conditions (27) and the proposed additional 20 conditions, making it one of the most conditioned licences in Westminster. They were satisfied that the concerns raised by objectors were mitigated by these conditions and the applicant's systems. Councillor Louise Hyams voted to refuse the application, but the majority decision was to grant the variation.

The decision was to:

• Grant permission.
• Delete existing conditions 1 and 2 relating to operating hours.
• Retain existing conditions 1-32.
• Add 15 new conditions (numbered 33-47 in the proposed additional conditions), including the provision of an SIA door supervisor from 18:00 to 06:00 daily, quarterly contact with the licensing authority and police, a dedicated bingo-only area, and specific staff training requirements.
• Vary existing condition 7 to reflect the new proposed hours of operation: Monday to Sunday 07:00 to 06:00.

Jouri, 71 Edgware Road, W2 2HZ

The committee granted a new premises licence for Jouri, a Lebanese restaurant, with several conditions. The applicant, Best Order Ltd, initially sought late-night refreshment hours until 01:00 Monday to Saturday and 00:00 on Sundays, with opening hours until 01:30 daily. However, following mediation and objections from the Planning Authority, Metropolitan Police, and residents, the proposed hours were significantly reduced.

The Planning Authority noted that the premises had a lawful Class E use as a restaurant but a previous planning condition restricted opening hours to midnight daily, and a subsequent appeal to extend these hours to 01:00 was dismissed due to harm to amenity. The Metropolitan Police objected on the grounds of the prevention of crime and disorder, citing concerns about the premises being a destination for intoxicated individuals and potentially increasing anti-social behaviour, particularly as the requested hours fell outside core hours and within the Edgware Road Special Consideration Zone. Residents also objected due to concerns about noise, smoke, and odours, and the impact of late-night operation on their ability to sleep.

Through mediation, the applicant agreed to several conditions, including:

• Late Night Refreshment hours of Monday to Friday 23:00 to 00:00, Saturday 23:00 to 01:00, and no late-night refreshment on Sundays.
• Opening hours of Monday to Friday closing at 00:00, Saturday closing at 00:30, and Sunday closing at 22:30.
• All plant equipment to be switched off at 00:00, with hot food heated by microwave between 00:00 and 01:00.
• No music after 23:00, except for low-level background music.
• Cooking to take place only inside the premises.
• Extraction filter systems to direct smoke and odours towards Edgware Road and away from residential properties.
• No deliveries to or from the premises between 23:00 and 08:00.
• No takeaway service of food or drink for immediate consumption off the premises.
• All windows and external doors to be kept closed after 21:00.
• Tables and chairs to be removed from outside areas by 23:00.
• A direct telephone number for the manager to be publicly available.
• Comprehensive CCTV system to be installed and maintained.
• An incident log to be kept.
• A Think 25 proof of age scheme to be operated.
• No pre-planned single staffing from 12:00 until closing, and no single staffing from 20:00 until closing.
• Environmental Health conditions regarding noise, fumes, waste, and maintenance.

The committee granted the licence with these agreed conditions, balancing the applicant's business needs with the residents' concerns about noise and amenity.

Damascus Bride, 367-369 Edgware Road, W2 1BS

The committee granted a new premises licence for Damascus Bride, a restaurant, with several conditions. The applicant initially sought late-night refreshment hours until 02:00 Monday to Sunday, but following mediation, these were reduced.

The revised application requested late-night refreshment hours of Monday to Friday 23:00 to 00:00, Saturday 23:00 to 01:00, and no late-night refreshment on Sundays. The premises opening hours were proposed as Monday to Friday closing at 00:00, Saturday closing at 00:30, and Sunday closing at 22:30.

Representations were received from the Metropolitan Police and Environmental Health, raising concerns about the prevention of crime and disorder, public nuisance, and public safety due to the requested hours extending beyond core hours and the premises' location within the Edgware Road Special Consideration Zone. A resident also objected due to concerns about noise and disturbance to nearby residential accommodation.

The applicant agreed to several conditions, including:

• Late Night Refreshment hours of Monday to Friday 23:00 to 00:00, Saturday 23:00 to 01:00, and no late-night refreshment on Sundays.
• Opening hours of Monday to Friday closing at 00:00, Saturday closing at 00:30, and Sunday closing at 22:30.
• All plant equipment to be switched off at 00:00, with hot food heated by microwave between 00:00 and 01:00.
• No music after 23:00, except for low-level background music.
• Cooking to take place only inside the premises.
• Extraction filter systems to direct smoke and odours away from residential properties.
• No deliveries to or from the premises between 23:00 and 08:00.
• No takeaway service of food or drink for immediate consumption off the premises.
• All windows and external doors to be kept closed after 21:00.
• Tables and chairs to be removed from outside areas by 23:00.
• A direct telephone number for the manager to be publicly available.
• Comprehensive CCTV system to be installed and maintained.
• An incident log to be kept.
• Environmental Health conditions regarding noise, fumes, waste, and maintenance.

The committee granted the licence with these agreed conditions, aiming to balance the applicant's request with the concerns raised by objectors.

The committee granted the application with the following hours:

• Late Night Refreshment: Monday to Saturday 23:00 to 01:00, Sunday 23:00 to 00:00.
• Opening Hours: Monday to Sunday 09:00 to 01:30 (with Sunday closing at 22:30).

The decision was made after considering the representations from the Police, Environmental Health, and residents, and agreeing on a set of conditions to promote the licensing objectives. These conditions included measures related to noise, odour, waste management, CCTV, incident logging, and the definition of a substantial table meal to ensure the premises operates as a restaurant.

The committee decided to grant the licence with these conditions, finding that they adequately addressed the concerns raised by the objectors.