Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
3.	St James’s Ward/ West End Cumulative Impact Area	Mr Fogg’s Tavern 58 St Martin's Lane London WC2N 4EA	New Premises Licence	20/04235/LIPN

 

LICENSING SUB-COMMITTEE NO. 3

Thursday 23 July 2020

 

Membership:           Councillor 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

 

Mr Fogg’s Tavern 58 St Martin's Lane London WC2N 4EA

 

Application for a New Premises Licence [20/04235/LIPN]

 

 

Present:        Sarah Le Fevre Counsel, Andrew Wong and Marcus Lavell 

                     (Legal Representatives, Mr Fogg’s Tavern), Charlie Gilkes &            Duncan Stirling  (Founders and Directors, Mr Fogg’s Tavern),                  David Kaner, (Covent Garden Community Association). Richard                      Brown, (Westminster  CAB)  for Local Residents 1 and 2 ,,                                 Maxwell Koduah, (Environmental Health) and Angela Seaward                   (Licensing Authority) 

 

 

FULL DECISION

 

Premises

Mr Fogg’s Tavern

58 St Martin’s Lane

London

WC2N 4EA

 

Applicant

 

St Martin’s Lane Bar Limited

 

Cumulative Impact?

 

West End

 

Ward

 

St James’s

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Applicant intends to operate the Premises as Lounge and Bar. The Premises have had the benefit of a licence: 19/07667/LIPDPS since 2005 which remains in place. The Applicant seeks licensable activities for Films (Indoors) Recorded Music (Indoors), Late Night Refreshment (both) and the sale of alcohol both on and off the Premises with hours beyond core. The Premises will operate as a restaurant on both ground and first floors after 23:30 hours each day where customers are required to consume alcohol as part of a table meal.The Premises are located within the West End area of Cumulative Impact.

 

 

Proposed Activities and Hours

 

Films and Recorded Music

 

Monday to Saturday 10:00 to 01:00 hours

Sunday 12:00 to 00:00 hours

 

Late Night Refreshment On and Off the Premises

 

Monday to Saturday 23:00 to 01:00 hours

Sunday 23:00 to 00:00 hours

 

Supply of Alcohol On and Off the Premises

 

Monday to Saturday 10:00 to 01:00 hours

Sunday 12:00 to 00:00 hours

 

Hours Open to the Public

 

Monday to Saturday 10:00 to 01:30 hours

Sunday 12:00 to 00:30 hours

 

Representations Received

 

• Environmental Health (“EH”) - Maxwell Koduah,
• The Metropolitan Police -  PC Brian Hunter
• The Licensing Authority – Ms Angela Seward
• Two local residents
• Covent Garden Community Association (“CGCA”).

 

 

Summary of issues raised by objectors

 

• EH are of the view that the licensable activities applied for can lead to an increase in public nuisance and may impact upon public safety within the CIA.
• The Licensing Authority have concerns amongst other things that the application exceeds core hours and that Paragraph 2.5.23 of the Statement of Licensing Policy advises that the licensing authority considers the grant of variations and new licences for pubs and bars in the cumulative impact area should be limited to exceptional circumstances.
• The CGCA have concerns with the terminal hour in that it could lead to an increase in public nuisance. The first local resident objector raises similar concerns in relation to public nuisances and wishes the hours for the premises to be kept within the core hours policy. 
• The second local resident objector on the other hand states that I support extending the hours for Mr. Foggs Tavern for recorded music and films and the sale of alcohol / refreshments, BUT only until 12 midnight on Sundays through Thursday evenings (1am is okay for Fridays and Saturdays). St. Martins Lane and New Row have numerous residents living above the shops. The noise from people departing the tavern at 1am will impact residents as sounds echo between the tall buildings. As a city dweller, we expect a degree of noise but would like to limit this during the week where people have to work the next day”.

 

Policy Position

 

Policies CIP1, HRS1 and PB2 apply under the City Council’s Statement of Licensing Policy (“SLP”). The Premises are located in the West End Area of Cumulative Impact and must therefore demonstrate an exception to policy.

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SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by St Martin's Lane Bar

Ltd (The Applicant) for a New Premises Licence in respect of 58 St Martin's Lane London WC2N 4EA.

 

Ms Michelle Steward the Presenting Officer introduced the application and advised that the Premises currently operates as a restaurant.  The Applicant intendsto operate the Premises as a Lounge and Bar. A New Premises Licence is  sought to provide licensable activities for Films (Indoors) Recorded Music (Indoors), Late Night Refreshment (both) and the sale of alcohol both on and off the Premises with hours beyond core. The Premises will operate as a restaurant on both ground and first floors after 23:30 hours each day where customers are required to consume alcohol as part of a table meal.  The Premises have had the benefit of a licence since2005 which remains in place.The Premise is situated in the St James Ward and is located within the West End area of Cumulative Impact (CIA). The Metropolitan Police withdrew their representation following the Applicant’s confirmation to adopt Conditions. 

 

Sarah Le Fevre, Counsel on behalf of the Applicant advised the Sub-Committee that the Applicant was a small specialist operator who was committed to London in particular the Covent Garden Area and the London Theatreland. Ms Le Fevre advised that the Premises was themed around the literature character Phileas Fogg from the novel ‘Around the World in 80 days’. The Premises has been in receipt of awards and has hosted a number of talks from notable persons from the creative industry. The Premises was reported to have operated several Temporary Events Notice (TENs) and there were no concerns raised about these events. Ms Le Fevre stated that the restrictions during the Covid-19 Pandemic had had a detrimental effect on the business and this had resulted in considerable redundancies and a reduced profit margin. Ms Le Fevre advised that the Application had been made to ensure that the Premises remains commercially viable and recovers from the current economic downturn. The Applicant was reported to be a good operator and be a contributor to the recovery of the West End.

 

Ms Le Fevre advised that Model Restaurant Condition (MC66) would apply during the extended hours and that the Application fell under Policy

RNT2 of the SLP. The Sub-Committee noted that there would be no re-entries after a certain hour and that dispersal from the Premises would be gradual. Ms Le Fevre advised that several proposed Conditions had been accepted and commented that the Police Condition which required for two SIA Staff Members to be present after 22:00hrs (until 30 mins past close on Thursday, Friday and Saturday) would be acceptable if the Licence was granted for both floors. This number should be reduced for the 1^st Floor only if the Sub-Committee was minded to y grant the application. Ms Le Fevre commented that the Licence could be ‘time limited’ as an option.

 

Duncan Stirling, Founder and Director, Mr Fogg’s Tavern advised that the Premises was established in 2015 and its interior was based on the mentioned literature character and was decorated in the style of ‘Victorian Splendour’. Mr Stirling advised that he operated seven Licence Premises in the City of Westminster and that this particular Application had been made in order to address the effects of the Covid-19 Pandemic.  The Sub-Committee was advised that a ‘time imitated’ could be considered and a period no less than two years would be preferred. He advised that it was aimed for the Premises to attract regular customers back to the Premises and survival for the business. In response to questions from the Sub-Committee, Mr Stirling advised that several Temporary Event Notices have been operated and these events terminated at 22:00 hours. There were no complaints received or recorded  incidents in relation to these TENs.

 

Following questions from the Sub-Committee, Mr Stirling advised that the Government’s guidelines regarding social distancing would be adhered to and that last entry into the Premises would be 00:00 hours. Due to the social-distance requirements the number of patrons permitted in the Premises has been reduced. At current the capacity for the First floor is 50 on the Ground floor it was estimated that 40 patrons could be seated. The capacity for both floors would need to be reconsidered during the social- distance requirements. Mr Stirling advised that MC 66 would apply to both floors after 23:30hours and that alcohol would be ancillary to food after this hour. The Sub-Committee noted that the showing of films was in the current Licence but was not part of the business Plan. Mr Stirling advised that the new Licence would be a personal Licence and that a proposed condition had been offered in this respect. 

 

Maxwell Koduah, appearing on behalf of Environmental Health, advised the Sub-Committee that the Premises had an ‘operational bar’ and that MC66 would apply after 23:30 hours. Mr Koduah advised that the Ground Floor would need to be transferred into a restaurant after 23:30 hours. He confirmed that the capacity on the first Floor was 50 and that there was no capacity limit on the Ground Floor.  The Sub-Committee noted that bars capacities was based on their risk assessment and this was usually up to 95. This number would be reduced due to the Covid-19 Pandemic. He commented that a capacity limit should be made for the Ground Floor after 11:30 hours. Mr Koduah advised that a time limit on the Licence should also be imposed. The Applicant was reported to have submitted a Dispersal Policy and Smoking Policy and this was noted by the Sub-Committee. Mr Koduah advised that representation had been maintained due to risk of public nuisance and the impact upon public safety within the CIA.

 

In response to questions from the Sub-Committee Mr Stirling advised to ensure staff member can transfer the ground floor area into a restaurant after 23:30 hours, patrons would be informed about timings in advance. He confirmed that the business is currently exploring Apps which enables patrons to be informed about timings and also place their orders. The Sub-Committee was advised that all external seating would be rendered at 23:00 hours and be waitered.

 

Angela Seaward, appearing on behalf of the Licensing Authority advised that representation had been maintained as the hours sought were beyond the core hours. Ms Seward stated that variations and new licences for pubs and bars in the cumulative impact area should be limited to exceptional circumstances. Ms Seaward advised that the Applicant needed to demonstrate that the Premises would not add to cumulative impact and whether the Sub-Committee should depart from the policy requirements of PB2.

 

Mr Richard Brown, appearing on behalf of Selwyn Hardy and residents commented that there were no concerns with the operational style of the Premises. He informed that the nearest residential properties were located 50 meters from the Premises and that there were several private dwellings in the vicinity. Mr Brown raised concerns over the terminal hour sought by the Applicant and how the conversion from a bar to a restaurant after 23:30 hours would be managed. There were also concerns on how patrons would be dispersed from the Premises during the extended hours. Mr Brown advised that a time limited Licence would be welcomed and should in his view be limited to the Covid-19 Pandemic recovery and not the proposed two years as had been intimated. He advised that the capacity of the Premises should be limited.  Mr Brown commented that Conditions for a SIA staff members to be employed and for a Dispersal Policy to be put in place should also be imposed. There were concerns that the Application would act as a catalyst for other Establishment to apply for similar Licences.

 

David Kaner, Covent Garden Community Association (CGCA) advised that discussions with the Applicant had taken place over a period of several years and these consultations had been beneficial.  Mr Kaner advised that the nearest residential property was located 50 meters from the Premises. He advised that that a Capacity should be set for the Premises and Conditions which required for a SIA staff member, Operational Management Plan and a ‘robust’ Dispersal Policy should be imposed. Mr Kaner advised that the main primary concerns were related to the operation of the Ground Floor of the Premises. He commented that the Licence should be time limited and be reflective of the Covid-19 recovery.   

 

Mr Koduah advised that a Dispersal Policy and Smoking Policy would mitigate concerns regarding public nuisance. He commented that a capacity limit of 50 (excluding staff) should be made for the Premises after 11:30 hours.

 

Mr Brown advised that the Licence duration should be ‘time limited’ and be reflective of the Government’s timetable for the Covid-19 recovery.

 

Ms Le Fevre advised that a Condition which limited the Premises Capacity to 50 after the core hours would be accepted and that the Applicant would continue to liaise with residents and Residential Amenity Societies so as to maintain a fruitful dialogue. She advised that there would be no off sales after 23:00 hours and once again confirmed that the Applicant would agree for the Licence to  be time limited. Ms Le Fevre advised that the current Licence would not be surrendered by the Applicant.

 

Mr Charlie Gilkes, Founder and Director Mr Fogg’s Tavern, advised the Sub-Committee that the Application had been made due to the economic downturn following the Covid-19 Pandemic and to ensure that the Premises remains commercially viable. The extension of the Premises operational hours had been sought in order to achieve this. Mr Gilkes advised that his Business had survived the economic downturn which occurred in 2009 and the current pandemic had reduced sales by some 85%. Mr Gilkes stated that there were a number of fixed costs involved with operating the Premises and that these levies had not been reduced during the ‘lock down’. Mr Gilkes  advised that all alcohol would be ancillary to a meal after 23:30 hours. Mr Gilkes advised that the Premises had been in receipt of several awards and stressed the importance of supporting the recovery of the Restaurant industry.

 

The Sub-Committee having carefully listened to all parties and consideration of the Agenda Papers granted the Application. The Sub-Committee has a duty to consider each application on its individual merits. It noted the Applicant was a good operator and acknowledged how the economic downturn during the Covid-19 Pandemic had had a detrimental effect on the Premises. The Sub-Committee noted that the Application had been solely made to ensure that the business continues to remain commercially viable. The Sub-Committee was persuaded by the compelling arguments put forward by Ms LeFevre in her submissions as to why the application should be granted and considered an exception to policy. The Sub-Committee considered the representations made by local residents and concluded that the concerns raised in respect of public nuisance would be mitigated bv the conditions imposed on the Licence, particularly those conditions that relate to a last entry time, CCTV and SIA door staff during the applicable times. The Sub-Committee noted that after 23:00 hours all drinks would be ancillary to food with waiter and waitress service. The Sub-Committee included a Condition which would limit the capacity of the Premises to 50 after 23:30 hours and restricted the Licence for a period of two years only. The Sub-Committee agreed this period was appropriate and proportionate in all the circumstances of the case  to ensure that the Premises adapts and remains viable and that the time limitation would meet the test for an exception to policy and that the conditions imposed would have the overall effect of promoting the licensing objectives.

 

The application is granted for the following activities and hours:

 

1.        To grant permission for Films and Recorded Music Monday to Saturday 10:00 to 01:00 hours Sunday 12:00 to 00:00 hours.

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2.        To grant permission forLate Night Refreshment On and Off the Premises Monday to Saturday 23:00 to 01:00 hours Sunday 23:00 to 00:00 hours.

 

3.        To grant permission for theSale of Alcohol On and Off the Premises Monday to Saturday 10:00 to 01:00 hours Sunday 12:00 to 00:00 hours.

 

4.        To grant permission for the Hours the Premises are Open to the Public Monday to Saturday 10:00 to 01:30 hours Sunday 12:00 to 00:30 hours.

 

5.        That the Licence for the additional hours granted past core hours for licensable activities is to be time limited to a period of two years as specified in the condition below.

 

6.        That the capacity limit for the Premises shall be set a maximum of 50 persons as per the times specified in Condition 12 below.

 

7.        That the Licence is subject to any relevant mandatory conditions.

8.        That the 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

 

 

1.     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.

 

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 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.

 

3.     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.

 

4.      After 23:30 Monday to Thursday, 00:00 on Friday and Saturday and 22:30 on Sundays (00:00 Sundays before bank holidays), the maximum number of persons permitted on the premises at any one time shall not exceed 50 persons (excluding staff).

 

5.     No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

6.     Loudspeakers shall not be located in the entrance lobby or outside the premises building.

 

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

 

8.     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 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.

 

9.     Unless the premises are operating under the benefit of a Sexual Entertainment Venue licence there shall be no striptease, no nudity and all persons to be decently attired at all times.

 

10.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.

 

11.Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

12.The licence holder shall enter into an agreement with a hackney carriage and/or private carriage firm to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such services.

 

13.The provision of films shall be incidental to other licensable activities and there shall be no cinema style showing of films.

 

14.All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should be either non-combustible or be of durably or inherently flame, retarded fabric.

 

15.The hours for licensable activities and opening times may be extended from the end of permitted hours on New Year's Eve to the beginning of the permitted hours on New Year's Day.

 

16.The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised so as to ensure that there is no public nuisance or obstruction to the public highway. A written queuing policy shall be in place and kept for inspection at the premises. This policy will control people entering the premises so as to cause minimal impact on the area.

 

17.On the first floor, the Service of alcohol shall only be by waiter/waitress service.

 

18.A dispersal policy shall be implemented which directs customers away from nearby residential premises as quickly and swiftly as possible. The Policy shall include the requirement that when the premises are open after Midnight an additional member of staff shall be available on the ground floor to ensure that this happens. The Licence Holder will consult with local residents and the Licensing Authority on this Policy and is required to meet their reasonable requirements.

 

19.A Smoking policy shall be implemented which will ensure they cause minimal impact on the local area. Such policy shall be available for inspection.

 

20.A 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.

 

21.All windows shall be kept closed after 23.00 hours, or at any time when regulated entertainment takes place.

 

22.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

 

23.The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

 

24.All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.

 

25.No deliveries to the premises shall take place between 20:00 and 08:00 hours on the following day.

 

26.A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, Premises Management so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment

 

27.There shall be a minimum of (1) SIA licensed door supervisors after 22:00 hours until 30 mins past close on Thursday, Friday and Saturday. At all other times the management must complete a written risk assessment to be kept at the venue and made available on request of Police or authorised officials from Westminster City Council.

 

28.All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests or distinctive uniform that is easily identifiable (e.g. butlers uniform/top hat/tails). SIA must wear the approved SIA registered identification.

 

29.After 23:30 hours on Monday to Thursday; 00:00 hours (midnight) on Friday & Saturday and 22:30 hours on Sunday, the supply of alcohol on the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal.

 

30.Last entry to the Premises shall be 00:00.

 

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

 

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

 

33.There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

 

34.Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

35.A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

36.The licence holder shall ensure that any queue to enter the premises which forms outside the premises is orderly and supervised by door staff so as to ensure that there is no public nuisance or obstruction to the public highway.

 

37.The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

38.After 23:00 hours, 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.

 

39.The licence only has effect whilst the premises are trading as “"olde-worlde" style Victorian tavern with welcoming publicans and friendly waiters and waitresses unspoilt by modernity”.

 

40.No licensable activities shall take place at the premises after 2 years from the date of grant unless this condition is otherwise removed or varied by a subsequent variation application. 

 

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

Licence can be made.

 

 

 

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