Agenda item

App No	Ward/ Cumulative Impact Area	Site Name and Address	Application	Licensing Reference Number
1.	Marylebone High Street Ward / not in cumulative impact area	The Coachmakers Arms, 88 Marylebone Lane, London, W1	Variation	20/05510/LIPV

 

LICENSING SUB-COMMITTEE No. 6

Wednesday 26 August 2020

 

Membership:              Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Maggie Carman

 

Legal Adviser:             Viviene Walker

Committee Officer:      Georgina Wills                                                         

Policy Officer:              Aaron Hardy

Presenting Officer:      Jessica Donovan

 

 

The Coachmakers Arms, 88 Marylebone Lane London W1

 

Application for a Variation of a Premises Licence [20/05510/LIPV]

 

 

Relevant Representation:    Environmental Health and Metropolitan                                                    Police

 

Present: Niall McCann (Legal Representative, The Coachmakers Arms), Sarah Fox (Applicant, Head of Operations, The Coachmakers Arms), Nicola Mewitt (General Manager, Head of Operations, The Coachmakers Arms) and Sally Fabbricatore (Environmental Health)

 

This is an application by Cubitt House Limited (The Applicant) was seeking for the variation of a Premises License for a Public House at 88 Marylebone Lane London W1. It is situated within the Marylebone High Street Ward and is not within one of the Council’s Cumulative Impact Areas.

 

 

DECISION

 

The application is granted for the following activities and hours:

 

To amend the proposed layout of the ground floor in accordance with the application plan on a temporary basis until 30 September 2021 in order to permit a temporary bar in the existing outside area.

 

 

SUBMISSIONS AND REASONS

 

 

The Sub-Committee considered an application by the Cubitt House Limited (The Applicant) for a variation of a premises licence in respect of The Coachmakers Arms, 88 Marylebone Lane London W1

 

The Presenting Officer introduced the application and advised that the Premises currently operates as a Public House. The Applicant sought to vary the layout of the Ground floor until 30 September 2021 in order to permit a temporary bar in the existing outside area to ensure better service of customers while queuing at the bar, inside is not permitted due Covid-19 guidance. The premises have had the benefit of a licence from 2005. The premises have also had the benefit of Temporary Event Notices. The Metropolitan Police withdrew their representation following a site visit. The Premises is not situated in the Cumulative Impact Zone

 

Niall McCann, the Applicant’s Legal Representative advised the Sub-

Committee that the application had been submitted in response to the social distancing guidelines following the Convid-19 Pandemic. The Premises basement and first floor has been closed. The temporary bar was reported to be small and would allow for patrons to be served quickly and this will allow for staff based in the main bar to focus on diners. The temporary bar will be in operation until 20:00 and the area would be closed to patrons after 21:00. The temporary bar capacity would be limited to 20. 

 

Mr McCann indicated that two agents of the applicant company were also in attendance.  He stated that had he been asked to make this application 12 months ago he would have advised against it.  The premises have three operational bars on three floors.  The basement is now closed, the first floor is rarely used and operation on the ground floor is quiet. 

 

The premises continued to accommodate drinkers at the outside area on Bentinck Street.  Half the number of staff operate on the ground floor and the other bars are closed.The premises have had the benefits of Temporary Event Notices (TENs), the last one will be from 26 to 28 August 2020 and there have been no complaints or issues.  The TENs were used to test whether the use of the area would work. If they did not the applicant would have withdrawn the application.

 

The bar entrance at Bentinck Street closes at 21:00 hours and will not impact on the licensing objectives.

 

Mr. McCann stated that one of the objector’s representation was not about the grant of the application but about the lack of consultation of the closure of the road. He advised that the licence holder had been in constant contact with residents.  Mr. McCann stated that the application is only a temporary measure and they would seek to close the variation if a vaccine is found.

When asked by Members why the variation would come to an end on 30 September 2021, and that residents may be concerned that it will continue beyond September 2021, Mr. McCann replied that there had to be an end and that date would be when the Business and Planning Act 2020 comes to an end.Mr. McCann stated that the applicant was not seeking an increase in capacity or for more hours.

 

It was noted that the bar will be closed at 21:00 hours and the sale of alcohol will cease at 20:00 hours.  Mr. McCann stated that this will allow longer drinking up time.Reference was made by Members to the photographs at pages 29 and 31 of the additional bundle and asked Mr. McCann how would twenty people stand safely in that area cordoned off.   He stated that the area does look small but if the tables and chairs are out, there will be less than twenty people, the applicant wants the flexibility.

 

Mr. McCann was asked about the numbers of drinkers who in the past have congregated on the pavement and he stated that the area is heavily supervised, the applicant is extremely careful and will use the SIA condition.

Mr. McCann said that the application would be for the period of 1^st May to 30^th

 September, when asked by Members for the reason why that period was stated he replied that the outside areas are busy during the warmer months.

 

Members asked whether there was a limit on the numbers of drinkers on the private forecourt and reference was made to condition 26 of the Current Licence which states that throughout licensable hours no more than 30 patrons shall be permitted to take drinks from the premises in open containers and/or smoke outside at any one time.

 

Members asked how the plan for the SIA will fit with the residents of Bentinck Street, Mr McCann confirmed that there is added condition for member of staff to patrol the area and to clean any mess left outside the premises and beyond.

 

Sally Fabbricatore, Environmental Health Officer, confirmed that she was satisfied with the responses received from the Applicant to the questions raised by her at page 11 of the additional bundle. Ms Fabbricatore advised that there were complaints about obstruction in March 2019, but there have been no complaints since that date. There were no complaints about the Temporary Event Notices and about litter in the last 12 months.

 

Following questions from the Sub-Committee, Ms Fabbricatore advised that that the application was not to introduce a new area and that noise levels should not increase.  The Application was noted to reduce the number of drinkers and the designated area would be closed at 21:00 hours and also limit the time that the applicant had prior .

 

There were eight residents also objected to the application mainly based on public nuisance in the area. One resident had indicated that the Application would be supported if the operation of the outdoor bar is restricted to daylight hours. The operating hours are kept as present and that there are dedicated outdoor staff to guide patrons to stand in areas that are not blocking footpaths or building entrances.

 

Having listened to all parties the Sub-Committee granted the Application and

noted that the external bar was temporary, and its operation would cease in

September 2021 or at an earlier date if the Government Guideline regarding

the Convid-19 Pandemic alters. The Applicant in their submission had advised

that the Premises Licence Variation would be amended if there was a change

in the Guidelines on Convid-19. The area would be closed to patrons after

21:00 and the sale of alcohol will cease at 20:00. The temporary bar capacity

would be restricted to 20 persons. The Applicant had agreed to Model

Condition 71 (MC 71) which prohibited any disturbance arising from the

outside area.  Members were satisfied that the existing conditions and the

additional conditions would ensure that the licensing objectives would be

promoted and therefore granted the application.

 

 

Mandatory Conditions

 

1.         No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.

 

2.         No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.

 

3.         Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.

 

4.          (1)      The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

 

(2)        In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

 

(a)        games or other activities which require or encourage, or are designed to require or encourage, individuals to;

 

(i)         drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)        drink as much alcohol as possible (whether within a time limit or otherwise);

 

(b)        provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

 

(c)        provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

 

(d)        selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

 

 (e)       dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

 

5.         The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

 

6.          (1)      The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

 

(2)        The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

 

(3)        The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

 (a)       a holographic mark, or

 (b)       an ultraviolet feature.

 

7.         The responsible person must ensure that—

(a)        where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

            (i)         beer or cider: ½ pint;  

(ii)        gin, rum, vodka or whisky: 25 ml or 35 ml; and

                        (iii)       still wine in a glass: 125 ml;

 

(b)        these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

 

(c)        where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

 

A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor.  For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.

 

8(i)       A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

 

8(ii)      For the purposes of the condition set out in paragraph 8(i) above -

 

(a)        "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

 

(b)        "permitted price" is the price found by applying the formula -

 

P = D+(DxV)

 

Where -

           

(i)         P is the permitted price,

(ii)        D is the amount of duty chargeable in relation to the alcohol as if the duty     were charged on the date of the sale or supply of the alcohol, and

(iii)       V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

 

(c)        "relevant person" means, in relation to premises in respect of which there is in force a premises licence -

                       

(i)         the holder of the premises licence,

(ii)        the designated premises supervisor (if any) in respect of such a licence, or

(iii)       the personal licence holder who makes or authorises a supply of    alcohol under such a licence;

 

(d)        "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

 

(e)        "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.

 

8(iii).    Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

 

8(iv).     (1)      Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2)        The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

 

Conditions attached after a hearing by the Licensing Authority

 

9.         All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

 

 

 

 

10.       From 1st May to 30th September on Thursdays and Fridays, from 10:00 p.m. to close of business, there shall be a minimum of 1 SIA registered door supervisor employed at the premises who shall monitor the use of the outside areas. Outside of those dates and times the premises licence holder shall employ an SIA registered door supervisor where it thinks it is appropriate to do so.

 

 

11.       The staff at all times shall monitor the activity of persons leaving the premises and when necessary remind them to respect the needs of local residents. 

 

12.       A sufficient number of clearly marked receptacles shall be provided outside the premises for the disposal of cigarette butts.

 

13.       The pavement from the building line to the kerb edge immediately outside the premises, including gutter/channel at its junction with the kerb edge, shall be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements.

 

14.       The highway and other land in the vicinity must be monitored regularly throughout licensable hours to ensure that drinking containers/vessels are removed and best endeavours will be used to prevent public nuisance or obstruction to the public highway.

 

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

 

16.       Throughout licensable hours no more than 30 patrons shall be permitted to take drinks from the premises in open containers and/or smoke outside at any one time.

 

 

17.      The sales of alcohol from the external area shall be between 3:00 p.m. and 8:00 p.m.

 

18.       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.

 

19.       The use of the external area shall cease on  30  September 2021 and the conditions and plans of the premises licence number 19/12600/LIPDPS shall prevail

 

 

20.       The external seating area and bar will be within a raised perimeter cordon to prevent access other than by a prescribed cordon entrance.

 

21.     The maximum number of vertical drinkers in the eternal area shall be 20.

 

22.       The premises CCTV system shall cover the external seating area and       bar.

 

23.    The external area shall be cleared by 9:00 p.m.

 

24.       After 23:00 all sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.