Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: February 10, 2025

Purpose:

Content: Notification of decision following a Licensing Panel hearing to determine an application for the grant of a premises licence under section 17 of the Licensing Act 2003   PREMISES:    Bluetable Café & Restaurant, 104-108 Chiswick High Road, Hounslow W4 1PU   APPLICANT:  Healthspan + Ltd (Company number 14525114)    TAKE NOTICE THAT on Monday 10th February 2025following a hearing before the Licensing and General Purposes Sub Committee (the “Licensing Panel” or “Panel”),   HOUNSLOW COUNCIL, as the Licensing Authority for the Premises RESOLVED as follows:   1.          The Panel convened to determine an application by Healthspan + Ltd (Company number 14525114) (the “Applicant”) for a new premises licence for Bluetable Café & Restaurant, 104-108 Chiswick High Road, Hounslow W4 1PU (the “Premises”) under the Licensing Act 2003.    2.          The Premises were not currently licensed and were located on the ground and basement floors of a building with residential flats above it, and in an area of mixed commercial and residential properties.    3.          The application, a copy of which was shown as Appendix A, sought the following hours:    Supply of alcohol for consumption on and off the premises: Monday to Saturday:  11:00 to 23:00 Sunday: 12:00 to 22:30   Hours premises are open to the public: Monday to Sunday:  07:00 to 23:00   4.          The proposed licenced area was on the ground floor only and was shown edged red in the licence plan.  The ground floor also included a studio area that was not included within the licenced area. The application also included proposed conditions.   5.          The hearing was held in-person before a 2-Member Licensing Panel.  All Members of the Licensing Panel were in attendance throughout the hearing, and during deliberation which took place in a closed session.    6.          The Licensing Panel carefully considered all the relevant information including:   ·       Written and Oral representations by all the parties ·       The Licensing Act 2003 and the steps appropriate to promotethe Licensing Objectives ·       The guidance issued under section 182 of the Licensing Act 2003 (the “Statutory Guidance”) ·       Hounslow Council’s Statement of Licensing Policy 2020-2025 (the “Council’s Policy”) ·       The Human Rights Act 1998   7.          During the consultation period one representation was received from a local resident, who raised issues of public nuisance, public safety and cumulative impact.  A copy of the representation is at Appendix B.  The Police and Licensing Enforcement Officer did not make formal representations, but agreed times and conditions with the Applicant, and these are shown at Appendix C and D, respectively.  Those conditions re-word some of the Applicant’s proposed conditions with wording in line with the Licensing Authority’s model condition wording.   8.          At the hearing the Applicant was represented by their Solicitor, Mr Baylis, and the company’s Director, Mr Freeman. The Objector was also in attendance.   9.          In brief, the Applicant proposed to open a “blue zone” restaurant café and restaurant, which sought to emulate healthy lifestyles found in areas of the world where people appeared to have longer and healthier lives.  Whilst alcohol is inconsistent with this lifestyle, the Applicant appreciates that some customers may want an occasional drink which is why they were seeking this licence.  Therefore, the Applicant proposed to provide a limited range of alcohol and to limit this to no more than 175ml per person, which could be monitored by the staff and through the bar/ kitchen order system.    10.       The Applicant proposed to have multi-purpose studios for various classes, as well as treatment areas in the basement area of the building, which are not within the proposed licenced area shown edged red in the licence plan.  They are aware that noise is unavoidably being created as part of the works to covert the existing furniture store to their business, but that they would be installing noise and vibration absorbing materials, which appeared to have been required not just as part of their planning change of use, but also under the terms of their lease.   11.       The restaurant and café areas would be open to the public and customers would be served at their tables, and they only proposed to play background music.  Mr Freeman mentioned in passing that customers can come in to get a takeaway coffee, and if that is the case then then if the Panel decided to grant the licence, this may require amendment to condition 7 of the conditions agreed with the Licensing Enforcement team, which required all patrons to be seated and served at a table by waiting staff.   12.       The Applicant still appeared to be at an early stage of the works, with a proposed opening date in and around July 2025, so issues such as CCTV placement and waste collections services had yet to be arranged.   In response to questioning, the Applicant stated that they would be happy to have a condition prohibiting the collection of waste after 23:00 and prohibiting deliveries before 07:00.   13.       They did not have a dispersal policy as they do not envisage that this will be an issue. They would also not have a smoking area as this is again against the ethos of the business.   14.       With respect to off-sales of alcohol, this would be limited to the service of alcohol to customers using any pavement seating area for the Premises that the Applicant might apply for in the future, and a condition to this effect is in the application.  Mr Baylis confirmed they had not yet made an application for a pavement licence.   15.       The Objector lives above the Premises and so is at most at risk of any issues at the Premises and the impact this may have on the enjoyment of her home. She explained her property has windows opening to the front and rear of the Premises and is concerned that she would not be able to open her windows and enjoy her property without further controls on the use of the Premises and noise emanating from it. She was of the opinion that the application should be refused, but that if it was granted then additional mitigation measures were required.  She believed restrictions needed to be added with regard to noise control, litter collection and traffic management.  With respect to deliveries to the Premises and waste collection from the Premises, she stated this should be limited to between 9am to 7pm to avoid undue disturbance.   16.       She also mentioned other issues about alcohol being a risk to public safety, and the number of other licensed premises in the area and cumulative impact of the same, but issues of competition are not within the remit of the Panel and the Premises are not located in a cumulative impact area.  With regard to public safety, this is more to do with the safety of the public when using the Premises, as opposed to general issues about the health effects of alcohol.   17.       Questions were also asked regarding the air conditioning and kitchen ventilation from the Premises, which Mr Freeman confirmed would be installed, with suppression equipment to reduce the noise and smells from the same.    18.       In so far as the Objector raised concerns about traffic management, this is again something not usually within the scope of consideration of the Panel.  During questioning the Objector also confirmed that none of her other neighbours had made any objection to the application.   19.       During the summing up, Mr Freeman commented that he did not have any problem reducing the hours for the supply of alcohol to 10.00pm, which would also allow customers time to finish their drinks before closing.   20.       The Statutory Guidance states that:   “2.15 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.   21.       The Panel notes the written and oral submissions made by the parties and was thankful for their contributions at the hearing. The Panel understood that the Premises were intended to be used as part of a healthy living establishment, and to that end the Applicant proposed to serve a limited amount of alcohol to customers. At the same time, the Panel had to take account of potential issues that may arise, particularly with regard to public nuisance and crime and disorder.   22.       Having taken all matters into account the Panel considered that the conditions agreed between the Applicant and Licensing Enforcement and the Police go a long way towards mitigating any adverse impact the Premises may have on the licensing objectives.   23.       With the Applicant proposing to allow takeaway coffees, the proposed condition 7 agreed with the Licensing Enforcement team would need to be amended to make it clear the need for patrons to be seated only applies to customers who order alcohol.   24.       The Panel was pleased to hear the Applicant offered a condition restricting the times of deliveries and collection of waste and considered it reasonable in relation to the prevention of public nuisance objective, for this to be restricted between the hours of 9.00am to 7,00pm.   25.       The Panel also acknowledged the Applicant’s offer to reduce the licensing times for the supply of alcohol from 11.00pm to 10.00pm, and the Panel thought this would be reasonable, again for the prevention of public nuisance, to restrict alcohol sales to this time from Monday to Saturday.  In relation to Sundays, the Panel considered a similar 1-hour reduction in termination time to 9.30pm would be reasonable.   26.       With regard to the Objector’s concerns about increased litter due to alcohol consumption, the Panel notes the Applicant’s comments about off-sales being limited to any pavement seating they may apply for in the future.  Accordingly, a condition limiting off-sales to any pavement seating, as contained in the application, should be included in any licence but the Panel did not consider it appropriate to include conditions on litter picking.  Similarly, given the fact that any recorded music is to be played as background music and given the sound and vibration insulation that the Applicant had installed, or would be installing, the Panel did not agree that further noise mitigation measures, such as a noise limiter as suggested by the Objector, were appropriate.   27.       In relation to the conditions agreed with the Police, these are the same as those agreed with the Licensing Enforcement Team save for condition 3 that proposed a condition on what to do in the event of a serious assault on the Premises. Given the proposed use of the Premises and limited supply of alcohol the Panel did not consider there was a high risk of serious assault and therefore did not propose to include this condition.   28.       With the Premises seeking to stay open until 10.30pm on Sunday and 11.00pm the rest of the week, the Panel considered it prudent for the Premises to have a sign reminding customers to be mindful of residents when leaving the Premises, as proposed in the application.  For the purposes of clarity and consistency, the Panel the Licensing Authority’s model conditions regarding such a Notice would be preferable to use.   29.       Taking all matters into consideration, the Licensing Panel has therefore decided to GRANT the application for a premises licence, amended as follows:   Supply of alcohol for consumption on and off the premises: Monday to Saturday:  11:00 to 22:00 Sunday: 12:00 to 21:30   Hours premises are open to the public: Monday to Sunday:  07:00 to 23:00   Additional conditions:   1.          The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Hounslow Police Licensing Team. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available upon the request of Police or authorised council officer as soon as possible and during opening hours.   2.          A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide a Police or authorised council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.   3.          All staff responsible for selling alcohol shall receive regular training in the Licensing Act 2003.Written records of this training shall be retained and made available to Police and Council officers with the absolute minimum of delay when requested.   4.          An incident log shall be kept at the premises and made available on request to an authorised officer of the Hounslow Council or the Police. It must be completed within 24 hours of the incident and will record the following: a.     all crimes reported to the venue b.     all ejections of patrons c.     any complaints received concerning crime and disorder d.     any incidents of disorder e.     all seizures of drugs or offensive weapons f.      any faults in the CCTV system g.     any visit by a relevant authority or emergency service.   5.          A challenge 25 proof of age scheme shall operate at the premises. Signage shall be displayed advising customers that the scheme is in place. All staff authorised to sell alcohol will be trained in the Challenge 25 scheme and this training will be documented to include the date the training was given, the name of the person who gave the training, the person who received the training and signatures by both trainer and trainee.’   6.          All Supply of Alcohol for consumption on the premises shall be ancillary to a table meal.   7.          All Patrons ordering alcohol shall be seated and served at table by waiting staff.   8.          The supply of alcohol for consumption off the premises shall be limited to supply to patrons taking a tablemeal at any external table on the highway outside the premises subject to the grant of a pavement licence by the licensing authority. 9.          Any deliveries to the premises and waste collections from the premises shall be between 09:00 to 19:00 Monday to Sunday.   10.       Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.     Right to Appeal   30.       Any party aggrieved with the decision of the Licensing Panel on one or more grounds set out in schedule 5 of Licensing Act 2003 may appeal to the local Magistrate’s Court within 21 days of notification of this decision.