Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	West End Ward/ West End Cumulative Impact Area	Dirty Bones Ground Floor 14 Denman Street London W1D 7HJ	Premises Licence Variation	20/03768/LIPV

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:              Jacqui Wilkinson (Chairman) Councillor Barbara Arzymanow and Councillor Aicha Less

 

Legal Advisor:             Horatio Chance

Committee Officer:      Georgina Wills      

Policy Officer:              Aaron Hardy

Presenting Officer:      Michelle Steward

 

Dirty Bones Ground Floor 14 Denman Street London W1D 7HJ

 

Application for a Variation of Premises Licence [20/03768/LIPV]

 

 

Present: Alun Thomas Solicitor (Legal Representative, Dirty Bones), Cokey Sulkin (Applicant, Chief Executive Officer, Dirty Bones),Maxwell Koduah, (Environmental Health), Angela Seaward (Licensing Authority) . Richard Brown ( Westminster Citizens Advice representing, the Soho Society) and (Local Resident)

                

 

FULL DECISION

 

Premises

 

Dirty Bones

Ground Floor

14 Denman Street

London

W1D 7HJ

 

Applicant

 

Db Denham Limited

 

Cumulative Impact Area?

 

West End Cumulative Impact

 

Ward

 

West End

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence regarding the above Premises under the Licensing Act 2003 (“The Act”). The Premises operates as an American Restaurant and Cocktail Bar and is situated within the West End Ward and the West End Cumulative Impact Area. The Premises have had the benefit of a Premises Licence since September 2005 (Licence Number:19/16055). The Applicant seeks to vary the terminal hour for the sale of alcohol to 01:00Monday to Saturday, subject to remaining ancillary to a table meal (no change Sunday), the terminal hour for late night refreshment and closingto 01:30 Monday to Saturday (no change Sunday) andremove conditions 9 (no Bar) and embedded restrictions at 12-14, with retention of New Year’s Eve permission.

 

Proposed Activities and Hours

 

No change save for the terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

 

Representations Received

 

• Environmental Health (Maxwell Koduah)
• Metropolitan Police (PC Dave Morgan) (withdrawn)
• Licensing Authority (Angela Seaward)
• Jane Doyle (Soho Society)

 

Summary of issues raised by objectors

 

• Environmental Health are of the view that the proposed removal of conditions can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority would like model restaurant condition 66 imposed (and others) to ensure that the Premises is not drink led although it does run as a restaurant. If granted these conditions will provide clarity as to what the intended nature and style of the operation is.
• The Soho Society in essence have concerns regarding the removal of Condition 9 which would allow for a bar area and the extension of the terminal hour until 01:30 hours. They go onto state “We believe another late-night Premises which closes at 01:30 would fail to promote the licensing objectives of the prevention of crime and disorder, prevention of public nuisance and public safety and will add negatively to cumulative impact. Considering all the issues raised within this representation we respectfully request this application is rejected”.

 

Policy Position

 

Policies CIP1, HRS1, PB2 and RNT2 apply under the City Council’s

Statement of Licensing Policy (“SLP”).  There is no policy presumption to

refuse a restaurant premises provided it does not add to negative cumulative

impact.

 

 

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by Db Denman Ltd (The Applicant) for a variation of a Premises licence in respect of Ground Floor 14 Denman Street London W1D 7HJ.

 

The Presenting Officer introduced the application and advised that the Premises currently operates as an American restaurant and cocktail bar.  The Applicant sought to vary both the terminal hours for both late night refreshment and the sale of alcohol and the removal of certain conditions, namely condition 9 to prevent a bar area and embedded conditions 12-14 with the retention of New Year’s Eve.  The Premises have had the benefit of a premises licence since September 2005. The Metropolitan Police withdrew their representation following the Applicant’s confirmation to adopt Conditions. There were late representations from the Applicant and The Soho Society and these were circulated to all parties.

 

Mr Alun Thomas, Solicitor on behalf of the Applicant advised the Sub-Committeethat an Application to vary the Licence had been made in order to commercialise on the ‘post theatre’ trade. The Sub-Committee was advised that the Premises was a good operator and no complaints had been received about its operational style during the past three years. The Premises was reported to have operated several Temporary Events Notice (TENs). There were no concerns raised about these events. Mr Thomas advised that the proposed variation would ensure that the Premises continues to remain commercially viable during the Government’s social distance restrictions following the COVID-19 Pandemic. Mr Thomas advised that the bar area would remain a ‘service bar’ and that patrons would be permitted to consume food in this vicinity. Mr Thomas reminded the Sub-Committee that the Premises was a restaurant and was only required to demonstrate that it  would not add negative cumulative impact as the policy presumption was to grant.

 

Maxwell Koduah on behalf of Environmental Health advised that there was no history of complaints regarding the Premises or concerns regarding its operational style. Mr Koduah advised that representation had been maintained as the hours sought for the sale of alcohol was beyond the core hours.

 

Angela Seaward, on behalf of the Licensing Authority advised that representation had been maintained as the hours sought was beyond the core hours and to ensure that the Premises does not become a ‘drink led’ establishment. Ms Seaward advised that Model Condition 61 had been agreed by the Applicant and would restrict the number of persons permitted at the bar to 12. The Sub-Committee was informed that the bar area was ancillary to the Restaurant and that the area was to be used as a ‘holding bar’. Ms Seaward advised that the Sub-Committee needed to determine whether the Application should be considered under PB2 of the SLP.

 

Mr Richard Brown on behalf of the Soho Society raised concerns regarding the extended operational hours. The Sub-Committee was informed that there was a recurring pattern of establishments wishing to extend the hours of their licensable activities during the gradual easement of the lockdown due to the Covid-19 Pandemic. Mr Brown advised that Theatre Performance usually finished at 22:30 hours and that the Applicant should be able to cater to post-theatre patrons within their current hours. The Sub-Committee was advised that there were no concerns over the Premises operational style. Mr Brown raised concerns over the cumulative impact and Anti-Social Behaviour during the extended hours and possible increase of similar applications being made by other establishments.

 

A local resident advised the Sub-Committee that potential cumulative impact during the extended hours should be taken into consideration. The resident advised that if the Sub-Committee are minded to grant the application then suitable Conditions should be imposed to ensure that the Licensing Objectives are met.. There were no concerns expressed with regard to the Premises operational style.

 

Mr Thomas reiterated that the hours sought for licensable activities was for an additional 30 minutes. He highlighted that there were no history of complaints about the Premises or its operational style. The Sub-Committee noted that there had been no objections from any of the Residential Amenity Societies andd that the Applicant had agreed to Conditions which would mitigate the concerns raised regarding cumulative impact and Anti-Social Behaviour.

 

Having carefully listened to all parties and consideration of the Agenda Papers the Sub-Committee granted the Application. The Sub-Committee noted that the Premises operated as a restaurant and that the bar area would be a ‘service bar and the Premises would not be ‘drink led’. The Applicant had agreed to reduce the terminal hour for the sale of alcohol and was to cater to the ‘post theatre’ trade. The Sub-Committee noted that the Premises was situated near to local theatres and the ‘post theatre’ crowd would be in the area during the mentioned hours and agreed that there would be no additional cumulative impact as a result.  The Applicant had agreed to the Model Condition 66 (Restaurant Condition). The Sub-Committee also took in account the Policy Consideration requirements under PB2 of the SLP and noted that there was no requirement for the Applicant to demonstrate that their Application was an ‘exception to policy’. The Sub-Committee noted that the Applicant was a good operator and had no history of complaints. For these reasons the Sub-Committee decided to grant the Application accordingly with Conditions. The Sub-Committee concluded that the Conditions imposed on the Licence are appropriate and proportionate and would have the overall effect of promoting the licensing objectives.

 

The application is granted for the following activities and hours:

 

1.         To grant permission to vary the terminal hour for the sale of alcohol to 00:30 Monday to Saturday, subject to remaining ancillary to a table meal (no change Sunday).

 

2.         To grant permission to vary the terminal hour for late night refreshment and closing to 01:00 Monday to Saturday (no change Sunday).

 

3.         To grant permission to remove conditions 9, 12, 13 and 14 from the Licence but with the retention of New Year’s Eve.

 .

4.         To add conditions in the terms specified below.

5.         That the varied licence is subject to any relevant mandatory conditions.

6.         That the existing conditions on the licence shall apply in all respects except in so far as they are varied by this Decision.

 

7.         That the varied licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions imposed by the Committee after a hearing

 

8.         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 form of 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 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 substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

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

 

9.         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster 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 immediately upon the request of Police or authorised officer throughout the entire 31 day period.

 

10.       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 is 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.

 

11.       There shall be no sales of alcohol for consumption off the premises after (23.00).

 

12.       All sales of alcohol for consumption off the premises shall be in sealed containers only, and shall not be consumed on the premises.

 

13.       A Challenge 21 or Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.

 

14.       An incident log shall be kept at the premises, and made available on request to an authorised officer of the City 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, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service

 

15.       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them

 

16.       There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

17.       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.

 

18.       No noise generated on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

19.       All windows and external doors shall be kept closed after 23:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

20.       All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

21.       During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

           

If problems are experienced, then an application for a review of the Premises

licence can be made.