The Licensing Sub-Committee (4), consisting of Councillor Angela Piddock, Councillor Judith Southern, Lead Member - Older Persons Champion, and Councillor Karen Scarborough, scheduled a meeting to address several licensing applications. The Sub-Committee was expected to consider applications for premises licences under the Licensing Act 2003, taking into account Westminster Council's licensing policy, effective from October 2021, and guidance issued by the Secretary of State in December 2023. The Sub-Committee was also expected to consider core hours for when customers are permitted to be on the premises, as outlined in the council's licensing policy.

Licensing Applications

Ivy Soho Brasserie, Amalco House

The Sub-Committee was scheduled to consider a premises licence variation application for Ivy Soho Brasserie at Amalco House, 26-28 Broadwick Street. Troia (UK) Restaurants Limited applied to amend condition 11 under annex 3 of its current licence, add further conditions to the premises licence, and update the licensing layout.

Specifically, the proposed variation to condition 11 was:

Except for the persons in the area defined by pink shading on the ground floor plan, the premises shall only operate as a restaurant i) in which customers are shown to their table, ii) where the supply of alcohol is by waiter or waitress service only, iii) which provide food in the substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, iv) which do not provide any take away service of food or drink for immediate consumption, v) which do not provide any takeaway service of food or drink after 23:00, and vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises or any external area of the premises and bona fide taking substantial meal there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals, save for 50% of persons sat at the bar up to a maximum of 9 persons who may consume alcohol without the requirement to take a substantial table meal up until 22:00 hours.

Notwithstanding this condition customers are permitted to take for the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

The applicant also proposed to add the following conditions:

1a) The area defined by pink shading on the ground floor plan shall operate as a restaurant: (i) In which customers are shown to their table; (ii) Where the supply of alcohol is by waiter or waitress service only; (iii) Which provides food in the form of table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery; (iv) Which do not provide any take away service of food or drink for immediate consumption; (v) Which do not provide any take away service of food or drink after 23:00, and (vi) Where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking tables meals and provided always that the consumption of intoxicating liquor by such persons is ancillary to taking such meals Notwithstanding this condition, customers are permitted to take from the premises part consumed and resealed bottle of wine supplied ancillary to their meal.

1b) OR for those persons attending a pre-booked and bona fide private function or event to which members of the public are not admitted where the provisions of this condition set out in 1a) above will not apply.

1. A written record of each event shall be kept on the premises for a minimum of 31 days and made available for inspection by authorised officers.

2. The premises licence holder shall maintain a register of all pre-booked events taking place in the private dining room. This register shall be retained for a minimum 31 days and include:

• Name of the event organiser
• Date and time of the event
• Expected number of attendees
• Type of event (e.g., reception, business meeting, celebration)

1. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

2. The capacity of the area defined by pink shading on the ground floor plan shall not exceed 60 persons when used for pre-booked functions in a standing format. When used for seated events, the capacity shall not exceed 44 persons.

Maxwell Koduah, Environmental Health representative, initially objected to the application, citing concerns that the proposed changes to condition 11 and the proposed capacity for the area defined by pink shading on the ground floor plan could increase public nuisance and affect public safety within the cumulative impact area¹. However, this objection was later withdrawn. Three other persons also objected to the application. Their objections included concerns about noise, antisocial behaviour, and the impact on local residents. One of the objectors, a Soho resident, described a violent incident that they said was caused by intoxicated persons attending a function at The Ivy. They also raised concerns about deliveries taking place outside of permitted hours. Another objector, the Soho Society, cited the council's Cumulative Impact Assessment 2023 and police data, stating that the West End Zone 1 is the epicentre for issues associated with cumulative impact within the borough. They also stated that crime levels in Westminster have reached pre-COVID levels, and that any increase in the number of licensed premises and people consuming alcohol will fail to promote the licensing objectives and increase cumulative impact. One of the interested parties later withdrew their objection.

Documents provided in the report pack included a statement from the Operations Director for the Ivy Group, photos of The Ivy Soho Brasserie, food and drink menus, staffing numbers, a dispersal policy, biographies for key staff members, and email correspondence with objectors. The Operations Director stated that the Ivy Group operates 61 premises throughout the country, including 24 in the London Borough of Westminster, and that none of their restaurants' premises licences have ever been the subject of a licence review. They also stated that the premises has operated under Temporary Event Notices² for events where the restaurant condition has been removed in its entirety for private events, launches, and other functions, and that these have never been objected to by any of the Responsible Authorities.

Ben Venuti, Upper Tachbrook Street

The Sub-Committee was scheduled to consider a premises licence variation application for Ben Venuti, 34 Upper Tachbrook Street. Mr I Due Fratelli Ltd applied to add the sale of alcohol for consumption on the premises and to extend the hours for the sale of alcohol and opening hours.

The proposed hours for the sale of alcohol were 09:00 to 21:00, Monday to Sunday. The proposed opening hours were 08:00 to 21:00, Monday to Sunday.

Nicoletta Vianello, Environmental Health Service representative, initially objected to the application, citing concerns that the provision of Supply of Alcohol and the hours requested will have the likely effect of causing an increase in Public Nuisance in the Special Consideration Zone and may impact upon Public Safety. PC Dave Morgan, Metropolitan Police Service representative, also initially objected to the application, stating that there was insufficient information contained within the application to effectively promote the Four Licensing Objectives³. Both objections were later withdrawn following an agreement of conditions. Three other persons objected to the application, citing concerns about noise, disruption, and the impact on local residents. One of the interested parties later withdrew their objection.

The Cocochine, Bruton Place

The Sub-Committee was scheduled to consider a premises licence variation application for The Cocochine, 21 Bruton Place. Tila London Ltd applied to extend the terminal hour to 01:00 Wednesday to Saturday in respect of the second floor only, limited to 25 persons excluding staff.

Anil Drayan, Environmental Health representative, raised a representation as the proposal may undermine the licensing objective of Prevention of Public Nuisance.

Two other persons objected to the application, citing concerns about late night licensing hours, noise from drinkers and traffic, and waste management/collection. One of the interested parties later withdrew their representation.