Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	St James’s Ward/ West End Cumulative Impact Area	19 Slingsby Place London WC2E 9AB	New Premises Licence	20/04699/LIPN

 

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 6^th August 2020

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Margot Bright and Councillor Aziz Toki

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a New Premises Licence 20/04699/LIPN

Full Decision

 

Premises

 

19, 21 and 23 Slingsby Place

London

WC2E 9AB

 

 

Applicant

 

St Martin’s Lane Bar Limited

Represented by Alun Thomas (Thomas & Thomas, Solicitors)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

Ward

 

St James’s

 

 

Summary of Application

 

The Applicant sought permission for a 12-month period for licensable activities relating to Late Night Refreshment (indoors) and the Sale of Alcohol both On and Off the Premises which also included the privately maintainable land of Saint Martin’s Courtyard as shown on the deposited plans. It was noted that this area would close at 23:00 hours Monday to Saturday and 22:30 on Sundays, and no new customers will be permitted to be seated in the external area in the courtyard after 22:30 Monday to Saturday and 21:30 on Sunday.

 

The Sub-Committee noted that the 3 units were currently unoccupied and that tenants were yet to be found. However, all 3 units were to be food led Premises in any event with alcohol as ancillary to a substantial table meal with the supply of alcohol being by waiter or waitress service only.  

 

The Sub-Committee noted that 19, 21 and 23 Slingsby Place had existing licenses under references 19/06363/LIPN, 19/06362/LIPN and 19/06367/LIPN but subject to works conditions. It was not considered appropriate that these licences be surrendered as previously suggested due to the time limited nature of the application and works conditions imposed on the licence by the Committee as specified below.

 

 

Proposed Activities and Hours

 

Retail Sale of Alcohol [On Sales]

 

Monday to Thursday 10.00 to 23.30

Friday and Saturday 10.00 to Midnight

Sunday 12.00 to 22.30

 

Seasonal Variations/Non-Standard Timings:

 

Sale of alcohol in the external areas to cease at 23:00 Monday to Saturday and 22:30 Sunday.

 

 

Late Night Refreshment [Indoors]

 

Monday to Thursday 23.00 to 23.30

Friday and Saturday 23.00 to Midnight

 

 

Hours premises are open to the public

 

Monday to Thursday 10.00 to 23.30

Friday and Saturday 10.00 to Midnight

Sunday 12.00 to 22.30

 

Seasonal Variations/Non-Standard Timings:

 

Use of external areas to cease at 23:00 Monday to Saturday and 22:30 Sunday.

 

 

 

Representations Received

 

·       Metropolitan Police (PC Cheryl Boon) – Now withdrawn

·       Environmental Health (“EH”) (Anil Drayan)

·       Licensing Authority (Karyn Abbot)

·       Kenton Price (Local Resident) – Now withdrawn

·       David Kaner (Covent Garden Community Association) – Now withdrawn

 

 

 

Summary of issues raised by objectors

 

·       Environmental Health needed to undertake Public Safety and Public Nuisance assessments as well as confirm any proposed capacity.

 

·       Further information was required on how the Premises would not add to cumulative impact in a Cumulative Impact Area.

 

·       Concern was raised over the potential for the Premises to become a drink-led destination bar and not a restaurant.

 

 

Policy Position

 

The premises was located within the West End Cumulative Impact Area and as such various policy points had to be considered, namely CIP1, HRS1 and RNT2. The Applicant had to demonstrate how the Premises would not add to cumulative impact in the West End cumulative impact area.

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application subject to additional conditions.

 

The Sub-Committee heard a description of the proposal from Mr Thomas. The Sub-Committee was advised that the application was within core hours and covered three units and an external courtyard which was private maintainable land covered by numerous CCTV cameras and had its own dedicated security team. The supply of alcohol would be ancillary to customers taking a substantial table meal and provided by a waiter/waitress service only. The courtyard area would close at 23:00 on Monday to Saturday and 22:30 on Sundays, with no new customers permitted to be seated in the external area in the courtyard after 22:30 Monday to Saturday and 21:30 on Sunday. The three units were currently licensed after a previous Sub-Committee had agreed that they would not add to cumulative impact in the local area. Due to the social distancing measures now required due to the Covid-19 pandemic the use of the courtyard area would simply replace those covers lost inside the units to ensure customers were safely spaced.

 

Mr Drayan, representing Environmental Health (EH), confirmed that the applicant had agreed all of their proposed conditions. These conditions would ensure the Premises would function as a restaurant and not a bar and therefore EH were satisfied with the application.

 

Ms Abbot, representing the Licensing Authority, confirmed the hours sought by the applicant were within core hours and the supply of alcohol would be ancillary to customers taking a table meal. The Applicant had agreed EH’s proposed conditions and the application would be time limited for a 12-month period. The Premises was located within a CIA however and therefore the Sub-Committee had to be satisfied it would not add to cumulative impact.

 

The Sub-Committee carefully considered the application and noted that the Police and the two residential parties had all withdrawn their representations following the agreement of conditions with the Applicant. This included ensuring the supply of alcohol was ancillary to customers being seated taking a substantial table meal and supplied by a waiter/waitress service. This provided reassurance that the Premises would not operate as a bar or become a drink-led venue. The hours requested were within the Council’s core hours policy and the application would be time limited for a 12-month period. The Sub-Committee felt there was appropriate control over the courtyard area especially with regard to the hours when it could be used by customers. It was recognised that the Premises was located within a CIA, however the conditions agreed would ensure the application did not add to cumulative impact in the Cumulative Impact Area and would have the overall effect of promoting the licensing objectives. The Sub-Committee therefore considered that the conditions were appropriate and proportionate and on that basis granted the application accordingly.

 

 

The application is granted subject to the following additional conditions in addition to the Mandatory conditions applicable to this type of application:

 

 

1.        The supply of alcohol shall only be: 

a)       to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal; or 

b)       In sealed containers for consumption off the premises. 

 

2.        There will be no provision of any off sales or take away service of food or drink after 23:00.

 

3.        No new customers will be permitted to be seated in the external area in the courtyard after 22:30 Monday to Saturday and 21:30 on Sunday.

 

4.        In the area(s) hatched on the deposited plans all furniture shall be either removed or rendered unusable after 23:00.

 

5.        No amplified music shall be played in any external area. 

 

6.        The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry 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. 

 

7.        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. 

 

8.        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: 

i.all crimes reported to the venue 

ii.all ejections of patrons 

iii.any complaints received concerning crime and disorder 

iv.any incidents of disorder 

v.all seizures of drugs or offensive weapons 

vi.any faults in the CCTV system, 

vii.any refusal of the sale of alcohol 

viii.any visit by a relevant authority or emergency service. 

 

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

 

10.      Deliveries to the premises shall only take place between 07:30 and 11.30 Monday to Saturday. 

 

11.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed on the highway between 23.00 hours and 08.00 hours on the following day unless collections are arranged during the times for the Council's own commercial waste collection service for the street. 

 

12.      If the licence holder offers a delivery service (either directly or indirectly), specific procedures shall be in place so the activity does not cause nuisance either at or near the premises. 

 

13.      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. 

 

14.      No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated. 

 

15.      No Licensable activities shall take place at the Premises until the capacity of the Premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition on the License with a condition detailing the capacity so determined.

 

16.      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. 

  

17.      The supply of alcohol shall be by waiter or waitress service only.  

 

18.      No licensable activities shall take place at the premises after 12 months from the date of grant unless this condition is otherwise removed or varied by a subsequent variation application. 

 

19.      No licensable activities shall take place at the premises until the premises have been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the Licensing Authority and replaced by one stating that all licensable activities shall cease within a date of 12 months after clearance of this condition.