Agenda and minutes

The Library, 112 St Martin’s Lane, WC2

16/11258/LIPV

1.

Late Night Refreshment (Indoors)

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Library operates as a members’ club, boutique hotel and restaurant.  The Applicant sought to extend the hours for the sale of alcohol and provision of late night refreshment by half an hour on Monday to Wednesday until 00:30, by an hour and a half on Thursday until 01:30, by an hour on Friday and Saturday until 01:30, by half an hour on Sundays until midnight and by an hour on Sundays before Bank Holidays until 01:30.  In all cases, the premises are proposing to close 30 minutes after the terminal hour for licensable activities. There was no application to alter the existing permitted hours for hotel residents and their bona fide guests.  The Chairman advised the Applicant that the Council’s Statement of Licensing Policy had been updated since the grant of an application for a new premises licence in 2014.  In the representations objecting to the application, particularly from the two amenity societies, it had been acknowledged that The Library was well run.  However, they had concerns regarding the proposed terminal hours and the application being granted as an exception to policy in the West End Stress Area.  It was for the Applicant to set out why the application should be considered a genuine exception to policy.

Ms Berridge, representing the Applicant stated that there were no immediate neighbouring residential properties next to the premises.  The Applicant had consulted with the relevant amenity associations.  She explained that what the Applicant was aiming to achieve at The Library is a space where like-minded individuals from the creative sectors such as theatre, design and literature are able to come together.  The members’ club is primarily used for networking and events are held most nights of the week, including book launches, poetry readings and talks by successful individuals. 

Ms Berridge acknowledged that her client needed to meet a high threshold to persuade the Sub-Committee that the application constituted a genuine exception to the Council’s policy.  She set out the key reasons why the application was exceptional and would  ...  view the full minutes text for item 1.

Starbucks, Ground Floor, National House, 60-66 Wardour Street, W1

16/11472/LIPN

1.

Late Night Refreshment (Indoors)

Monday to Sunday 23:00 to 05:00

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

Ms Lawrance informed the Sub-Committee when presenting the item that the Applicant had now agreed the proposed conditions except Environmental Health’s suggested condition that ‘there shall be no takeaway of hot food or hot drink after 23:00 hours’.  Mr Baylis, when asked about this condition by the Sub-Committee stated that his client could not agree this condition as it is takeaway that drives the business.  He referred to the fact that there had been a time limited licence for the premises between 1 July 2012 and 30 September 2012 when Core Hours had been permitted.  He also referred to Caffe Nero in Frith Street being permitted to operate until 04:00 Thursday to Saturday.

Mr Baylis explained that the reason for the application was because his client had observed a significant increase in footfall in the area as a result of the Night Tube.  Starbucks at 60-66 was currently required to close at 23:00 and the Applicant was keen for customers to remain at the premises.  Mr Baylis expressed the view that it was better for customers to have a coffee in the West End Cumulative Impact Area than an alcoholic drink in a local pub.  He made the point that he would not be making the case that the application was an exception to the Council’s policy, notably Policy FFP2 where it is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas, other than applications to vary hours within the Core Hours under Policy HRS1.  Mr Baylis added that he had advised his client that an application with a terminal hour of 05:00 at this location was ambitious.  It was for the Sub-Committee to consider what extension was reasonable.  He did not believe that the application would cause any issues.

Mr Argent commented that for the first time customers at 60-66 Wardour Street were being politely asked to leave at the weekend now the Night Tube was in operation. Caffe Nero had a well behaved clientele. 

The Sub-Committee heard from PC Guerra on behalf of Metropolitan Police and Mr Nevitt on behalf of Environmental Health.  PC Guerra stated that the representation had been maintained as the hours applied for were beyond Core Hours.  Conditions that had been proposed by the Police had been agreed by the Applicant.  PC Guerra emphasised that it was for the Applicant to  ...  view the full minutes text for item 2.

MaisonBerteaux, 27-28 Greek Street, W1

16/11180/LIPN

1.

Sale by retail of alcohol (On and Off sales)

Monday to Sunday 10:00 to 21:00

Amendments to application advised at hearing:

None.

Decision (including reasons if different from those set out in report):

The Sub-Committee had been provided with a representation from the Police and correspondence between the Police and the Applicant’s Representative prior to the hearing.  The Police’s representation had been omitted from the report but had been received by the Licensing Service within the consultation period.

The Sub-Committee initially heard from Mr Thomas, representing the Applicant.  He stated that Maison Berteaux is a French patisserie and tea rooms established in 1871.  Ms Wade, the Applicant, owned the premises and had worked there since 1980. The Applicant was looking to offer wine, champagne or possibly cognac to complement the food offer.  Mr Thomas explained that alcohol would not be a major part of the business.      

Paragraph 2.4.21 of the Council’s policy sets out that the Council considers ‘where applications for licenses to sell alcohol for consumption on the premises are made and (i) are appropriately conditioned so that the consumption of alcohol is not, and cannot become, a significant part of the operation of the premises and is regulated to promote responsible drinking; (ii) where the character of the premises is such that its customers are not likely to be involved in sustained or heavy drinking at later hours; and (iii) when the sale of alcohol is not permitted beyond 20.00 hours; then permitting the sale of alcohol for consumption on the premises is unlikely to add to cumulative impact in the cumulative impact area’.  In response to questions from the Sub-Committee Mr Thomas commented that he believed it was appropriate to seek a terminal hour of 21:00 rather than 20:00 because of the lack of emphasis on alcohol at the premises.  Any alcohol sold would be ancillary to food such as cake or chocolate and served by waiter or waitress.  Off-sales would be restricted to alcohol consumed by persons in the outside area where there were tables and chairs on the highway.  Customers would still come to the premises for a tea or coffee and there would be no draft beer available.  He added that he was content with a proposed condition that the premises would continue to operate as a French café and that if Members wished to personalise the licence to Maison Berteaux he would not have any objection. 

PC Guerra advised the Sub-Committee that the Police had maintained their representation due to the fact that the Applicant was requesting  ...  view the full minutes text for item 3.