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, primarily concerning potential public nuisance, public safety, and the protection of children from harm. Key concerns included noise pollution, litter, anti-social behaviour, and the proximity of the proposed venues to the primary school.

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 proposed closing times to align with the Council's Core Hours Policy, removing any scope for standalone bar use within the restaurant units, and withdrawing external areas from the on-licence demise. The applicant also highlighted a comprehensive servicing and management plan designed to minimise disruption.

Environmental Health Services initially raised concerns regarding capacity, noise transfer, odour, and dispersal, but stated these were alleviated by the proposed amendments and conditions. The Metropolitan Police Service withdrew their representation.

After considering all submissions, the Committee decided to grant all three applications. The decision was based on the belief that the robust conditions proposed by the applicant, coupled with the amendments made, would ensure the premises operated in accordance with the Statement of Licensing Policy and uphold the licensing objectives. The Committee noted the applicant's engagement with the community and the willingness to work collaboratively.

Specific conditions were imposed on each licence, including:

• Operating Hours: Licensable activities and opening hours were set to align with the Council's Core Hours Policy, with specific times for Late Night Refreshment, Sale by Retail of Alcohol, and general opening hours. Seasonal variations for New Year's Eve and Sundays before Bank Holidays were also included.
• Restaurant Operation: Premises were to operate solely as restaurants, with alcohol supplied by waiter/waitress service only, and food provided in the form of substantial table meals. Takeaway services were prohibited.
• Capacity: A maximum capacity for each unit was to be determined upon clearance of works conditions, with the figure not exceeding the lower of the District Surveyor's estimates.
• External Areas: All outside tables and chairs were to be rendered unusable by 21:00 hours each day. For Unit 9, external seating on St Vincent Street was prohibited, and designated smoking areas were to be located on Aybrook Street.
• Noise and Nuisance: Conditions were imposed to prevent noise, fumes, steam, and odours from causing a nuisance. Windows and external doors were to be kept closed after 21:00 hours.
• Protection of Children: A Challenge 21 proof of age scheme was to be operated. For Unit 9, specific conditions were added to prevent food delivery takeaways and ensure the street was kept clear for school use.
• Queuing and Dispersal: Conditions were added to control queuing and ensure orderly dispersal of patrons.
• CCTV and Incident Logs: Comprehensive CCTV systems and incident logs were to be maintained.
• Deliveries and Waste: Strict conditions were imposed on delivery and waste collection times to minimise disruption.

The Committee did not consider it appropriate to reduce the hours further or limit outside tables and chairs to 19:00 hours, as the proposed conditions were deemed sufficient to protect residential amenity. The Committee also noted the applicant's willingness to agree to designated smoking areas, but considered the conditions already in place sufficient.

The decision to grant the licences was made after careful consideration of all committee papers, additional papers, and submissions from all parties, taking into account the individual circumstances of each case and the promotion of the four licensing objectives.