Agenda item

170-172 Great Portland Street, London, W1W 5QB (“The Premises”)

19/02649/LIPN

1.

Sale by Retail of Alcohol – On and Off Sales

Monday to Thursday: 10:00 to 23:30

Friday to Saturday: 10:00 to 00:00

Sunday: 12:00 to 22:30

Seasonal Variations/Non-Standard Timings:

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

On Sundays prior to bank holidays 12:00 to 00:00.

Amendments to application advised at hearing:

Mr Thomas agreed that a proposed condition prohibiting any sales of alcohol for consumption off the premises after 23:00 could be amended so as to apply after  22:00.

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

The Sub-Committee considered an application by Aqua Brit Ltd (“The Applicant”) for a new premises licence in respect of 170-172 Great Portland Street, London, W1W 5QB.

The Licensing Officer introduced the application and confirmed that Environmental Health had withdrawn their representation following a reassessment of the application.

In response to a question from the Sub-Committee the Applicant advised that the address for the Premises should read 170-172 Great Portland Street.

Mr Thomas, representing the Applicant, advised that Aqua Brit Ltd already operated a restaurant/bar in Westminster which was located within the West End Cumulative Impact Area (CIA). This Premises had been operating for 10 years during which no complaints or issues relating to its operation had arisen. It also operated 2 restaurants within the Shard which had 24 hours licences, and these also had not been the source of any issues. Additional restaurants were also currently operated in Hong Kong, New York, Miami and Dubai. It was intended to operate the Premises before the Sub-Committee as a restaurant providing a mixture of Japanese and Chinese food.

Mr Thomas explained that the application was for a reinstatement of a licence which had lapsed on 26 August 2018 following the bankruptcy of the previous tenant. Planning permission had recently been re-granted for the Premises with the main difference being the extension of the hours authorised for licensable activities to the Council’s core hours. The proposed opening hours would be in line with those granted through the planning permission. The applicant was simply seeking to reinstate the lapsed licence in accordance with the Council’s Statement of Licensing Policy and would also be subject to additional model conditions.

The Council’s policy highlighted that any premises located in a CIA, which this operation was not, whose licence had lapsed would normally be reinstated if it had not been lapsed for a long period of time. The Sub-Committee was advised that the Premises had not previously been the source of any issues and the proposed conditions reflected good practice. In terms of the hours requested Mr Thomas advised that applications requesting core hours for licensable activities were generally granted. As this application was not located within a CIA the application had to be judged on its merits and as such there was no presumption against granting the licence. Also, it was suggested that the operation of the Premises could not add to cumulative impact in the area as premises had existed and traded on the site for 25 years. The Premises were located on Great Portland Street, a busy commercial street which was not heavily residential in nature and it was highlighted that only one representation remained. Environmental Health (EH) had withdrawn their representation and had acknowledged that the application was similar to the lapsed licence but would actually have more restrictive conditions placed on it. EH had also noted that the Fitzrovia Neighbourhood Forum was requesting that the full model restaurant condition be placed on the licence but stated that this was not required by policy and was not on the previous licence. It was also highlighted that no representations had been received by either the Police or the Licensing Authority.

Mr Thomas advised that the application on the terms sought was consistent with the re-granting of a licence and due to the proposed model conditions and core hours sought would be in line with Council policy. If it was accepted that the starting point for the application was the reinstatement of the lapsed licence, then it was considered that the only difference between both parties was the extension in hours for licensable activities to core hours. Conditions relating to the collection of waste and deliveries would be added to the licence preventing them from taking place between the hours of 17:00 and 08:00 as granted through planning permission. It was also proposed for additional conditions to be placed on the licence requiring all outside tables and chairs to rendered unusable or removed by 22:00 each day. They would also ensure there was adequate control over patrons smoking outside the Premises, so they didn’t cause any nuisance or obstruction of the public highway. In terms of food deliveries from the Premises the Sub-Committee was informed that discussions were currently ongoing with providers about how this would be undertaken in order to avoid any disruption to local residents. Proposals including ensuring delivery companies did not use motorcycles or that the Premises would provide their own bicycles to its employees to provide deliveries were being evaluated. In response to a suggestion from the Council’s Legal Adviser the Applicant agreed that if the Sub-Committee was minded to grant the application a condition could be placed on the licence requiring delivery drivers to be quiet and not create any nuisance.

Mr Thomas noted the representation submitted by the Fitzrovia Neighbourhood Forum. In response to the concern that the application would lead to an increase in bar use at the Premises the Sub-Committee was informed that the Premises were for A3 use only and therefore its predominant activity was the supply of hot food. The previous licence permitted the sale of alcohol without food, but the Sub-Committee was assured that the application before it would not operate as an alcohol-led bar. The hours for the sale of alcohol were within core hours, it was recognised that the opening hours were beyond core hours however these were consistent with what was granted under planning permission. The concerns raised in the representation over external tables and chairs had been addressed with the proposed condition requiring them to be removed or rendered unusable after 22:00 hours.

Mr Brown, from the Citizens Advice Bureau Licensing Advice Project, representing the Fitzrovia Neighbourhood Forum, addressed the Sub-Committee. The Sub-Committee was advised that the application was not a reinstatement of the previous licence which had lapsed as the hours requested were an extension on what was previously permitted. It was this extension in hours permitting bar use which was of primary concern to residents. It was recognised that the Premises had been granted A3 use under planning permission and as such the original representation had therefore requested that the full model restaurant condition should be added to the licence. It was now felt however that in order to reach a compromise with the Applicant this would not be necessary and model condition 38 would now be accepted on three of the four areas which would be hatched on the updated plans. Model condition 38 required the supply of alcohol to be ancillary to customers taking a table meal. It was suggested that the area of these Premises which would be cross hatched could be used to serve alcohol without food until 23:00 hours. The Premises were large in nature and Mr Brown considered that its proposed closing hour of 00:30 Monday to Saturday without any restaurant conditions attached to the licence meant it could potentially operate to later hours as a large bar. It was recognised that it was not proposed for these Premises to operate in this fashion, however in future if there was a change in operator this could potentially be the outcome. Planning permission had granted the closing hour of 00:30 but it had also granted these Premises to be used for A3 use and therefore it would be appropriate to ensure a condition be included making the sale of alcohol ancillary to taking a table meal. Mr Brown then provided an overview of the different policies which could apply to the application. Finally, in terms of the external tables and chairs the applicant’s proposal to reduce the terminal hour permitted to 22:00 hours was welcomed. However, to provide the necessary protection to residents it was suggested that any alcohol consumed in this area should be ancillary to customers taking a table meal.

The Sub-Committee expressed concern that the entrance/exit for these Premises located on Bolsover Street had the potential to cause nuisance to local residents. Mr Thomas highlighted that there was a condition on the planning permission requiring customers to leave these Premises via Great Portland street only after 22:30 hours. He was content for that to be included as a condition on the premises licence. This would also prevent customers from using Bolsover Street for smoking after 22:30 and the Sub-Committee noted the proposed conditions suggested by the applicant with regards to supervising any smokers leaving and re-entering the Premises. The Council’s Legal Adviser confirmed that the Premises had current planning permission permitting the use of external tables and chairs until 22:00 hours up to 30 April 2020. This consisted of 8 tables and 24 chairs in three areas of Great Portland Street and 6 tables and 12 chairs for Bolsover Street. If the Sub-Committee was minded to grant the application Mr Thomas confirmed that the applicant would accept a condition on the licence requiring any customers drinking or smoking outside these Premises to do so in an orderly manner and ensure there was no nuisance or obstruction to the public highway.

Mr Thomas advised that there were two areas which had not yet been agreed with the Fitzrovia Neighbourhood Association. Firstly, it had been requested that the external seating area be subject to model condition 38 but the applicant requested that this not be the case. Secondly, it was suggested that the café/bar area which was cross-hatched on the plans be closed from 23:00 hours but the Sub-Committee was advised it would be impractical to close this one area in the Premises. If the Sub-Committee thought it was appropriate to impose model condition 38 on the hatched areas on the plan it was requested that the cross hatched area not be restricted to a terminal hour of 23:00 hours. As these Premises were located outside the CIA the Sub-Committee had to assess the application on its merits and decide if it would promote the licensing objectives. Mr Thomas advised that the additional conditions agreed with the responsible authorities were appropriate for the style of operation intended and would ensure the licensing objectives were promoted.

In response to a question from the Sub-Committee Mr Thomas confirmed that a capacity for the Premises had not yet been agreed. A works condition would be added to the licence ensuring no licensable activities could take place at the Premises until its capacity had been determined by Environmental Health. It was noted that the capacity proposed in the operational management strategy that was presented by the applicant when seeking planning permission was for 240 seats, but the nature of the operation would ensure a staggered dispersal from the Premises. The applicant also had significant experience of successfully managing premises with larger capacities.

After careful consideration, the Sub-Committee agreed to grant the application subject to several amendments. Members noted that references had been made to the planning permission granted for the Premises but stressed that the Sub-Committee’s decision had been taken based on the licensing objectives and not based on the planning permission. It was recognised that there were similarities between the lapsed licence and the application before it, but the proposed licence was not identical and could not be considered a simple reinstatement. The Sub-Committee highlighted that the proposed opening hours applied for were longer than on the previous licence and were in excess of core hours by one-hour Monday to Thursday. Therefore, in order to provide the applicant with the degree of flexibility they were requesting for the Premises, whilst ensuring local residents were afforded the necessary protection, the Sub-Committee felt it necessary to impose restrictions on the sale of alcohol. Those areas designated as hatched on the plans would have model condition 38 imposed on them. This required the supply of alcohol in those areas to be to a person seated taking a table meal and for consumption by such a person as ancillary to their meal. The cross-hatched area could be drink led until 23:00 but after that time model condition 38 would also be imposed on this area. The Sub-Committee considered these restrictions necessary to provide the operation with a degree of flexibility, ensure it did not become a drink-led bar and also minimise any potential impact on local residents. The Sub-Committee also had regard to the fact the Premises were not located within a CIA and therefore they had to assess the application on its merits and have regard to the relevant policies.

Concerns raised concerning deliveries to the Premises and the collection of waste were noted and Members were pleased that the applicant had agreed that these would not take place between the hours of 17:00 and 08:00. Also, any issues around the use of the Bolsover Street entrance/exit would be addressed through a condition prohibiting its use by customers after 22:30 hours. These restrictions all provided reassurance that any potential disturbance to residents would be mitigated appropriately. A particular concern raised by the Fitzrovia Residents Association related to the detrimental impact any takeaway deliveries could have on the local area. The Sub-Committee noted that the Applicant was currently in discussions with delivery companies regarding using bicycles to minimise not only any noise disruption but also to reduce their environmental impact. The Sub-Committee welcomed these discussions but to protect residential amenity it was considered appropriate to include a condition on the licence requiring the Applicant to encourage delivery drivers not to leave their engines running and encourage them to use quieter vehicles. Restrictions on the use of the outside tables and chairs were considered, however the Applicant’s agreement to scale back the terminal hour for their use to 22:00 hours was welcomed and ensured it would be not be necessary to impose model condition 38 on them regarding the consumption of alcohol.

Having taken into account all the evidence (with consideration being given to the representation received from the Fitzrovia Residents Association), the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised.  The applicant had demonstrated that the application was appropriate, and the conditions proposed would ensure the promotion of the licensing objectives.

2.

Late Night Refreshment – Indoors

Monday to Thursday: 23:00 to 23:30

Friday to Saturday: 23:00 to 00:00

Seasonal Variations/Non-Standard Timings:

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

On Sundays prior to bank holidays 23:00 to 00:00.

Amendments to application advised at hearing:

None.

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

The Sub-Committee granted the application (see reasons for decision in Section 1).

3.

Hours Premises are Open to the Public

Monday to Saturday: 07:00 to 00:30

Sunday: 07:00 to 23:00

Seasonal Variations/Non-Standard Timings:

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

On Sundays prior to bank holidays 07:00 to 00:00.

Amendments to application advised at hearing:

None.

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

The Sub-Committee granted the application (see reasons for decision in Section 1).