Agenda item

Ward CIA*	Site Name & Address	Application Type	Licensing Reference No.
St James's West End	Basement and Ground Floor 10 Henrietta Street London WC2E 8PS	New Premises Licence	20/08977/LIPN
*Cumulative Impact Area

 

WCC LICENSING SUB-COMMITTEE NO. 1

 

Thursday 14^th January 2021

 

Membership:           Councillor Heather Acton (Chair), Councillor Susie Burbridge and Councillor Aziz Toki

 

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a New Premises Licence 20/08977/LIPN

Full Decision

 

Premises

 

Basement and Ground Floor

10 Henrietta Street

London

WC2E 8PS

 

 

Applicant

 

Capital & Counties Cg Ltd and Capital & Counties Cg Nominee Ltd

Represented by Alun Thomas (Thomas and Thomas)

Chris Denness (Applicant Company)

Nick Zuppar (Tenant and Operator)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

Ward

 

St James’s

 

 

Summary of Application

 

The Committee considered an application for a new Premises Licence under the Licensing Act 2003 (“the Act”).  The Premises intended to operate as a bistro with external seating.

 

The Premises are located within the West End Cumulative Impact Area.

Proposed Activities and Hours

 

 

Retail Sale 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:

 

Off sales restricted to 10:00 to 23:00 Monday to Saturday and 12:00 to 22:30 Sunday. From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. Sundays prior to bank holidays/public holidays extended to 00:00. An additional hour to the standard and non-standard times on the day British Summertime commences.

 

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/public holidays 23:00 to 00:00. An additional hour to the standard and non-standard times on the day British Summertime commences.

 

Hours premises are open to the public

 

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/public holidays extended to 00:00.An additional hour to the standard and non-standard times on the day British Summertime commences.

 

 

Representations Received

 

·       Metropolitan Police (PC Nicole Sondh)

·       Environmental Health (“EH”) (Sally Fabbricatore)

·       Licensing Authority (Michelle Steward)

·       The Covent Garden Community Association

·       Two local residents objecting to the application

Summary of issues raised by objectors

 

·       The application as presented would have the likely effect of causing an increase in Public Nuisance and may affect Public Safety within the area.

 

·       Residents would be impacted through an increase in public nuisance due to the noise of people arriving and leaving late in the evening in addition to late night rubbish collections and general servicing.

 

·       The style of operation outlined in the application was ambiguous and events for regulated entertainment had the potential to permit a bar-led operation allowing customers to drink alcohol without any food. This would impact negatively on the residents living in the vicinity and change the nature of the area even further.

 

Policy Position

 

The premises is located within the West End Cumulative Impact Area and as such various policy points must be considered, namely CIP1, HRS1, COMB1, PB2 and RNT1.

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application subject to amended conditions and an amendment to the hours requested.

 

The Sub-Committee heard a description of the proposal from Mr Thomas, representing the applicant. The Sub-Committee was advised that the idea of the Premises was to provide a low-key, live music environment to showcase young classical/jazz musicians. The provision of alcohol was ancillary to the Premises operating as a performance venue and/or restaurant. It was confirmed that the regulated entertainment aspect of the proposals had been withdrawn and no residential properties were located above the venue. In terms of the Council’s Statement of Licensing Policy, RNT1 made reference to operations which did not fit the entire definition of a policy should be considered to the policy that most closely related to that operation. In this case the Premises operation most closely related to a restaurant. In addition, the Policy stated that the Council wished to see a more diverse range and variety of uses late at night which these proposals would help provide. Mr Thomas highlighted the Applicant’s extensive experience of operating premises within Covent Garden and the positive impact they had on the area.

 

Mr Thomas advised that the key issue with the application was not whether to refuse it but what conditions should be placed on the licence. Licensable activities would be restricted to core hours and alcohol may only be sold to persons either, a) attending a ticketed event before 23:00; b) attending a private pre-booked event which if operating after 23:00 would limited to 50 per year; and c) to those customers seated taking a table meal with waiter/waitress service. A condition had been agreed requiring any external tables and chairs to be rendered unusable after 23:00 along with conditions protecting residents from any potential nuisance issues which would help provide reassurance that the application was suitable for the local area. In response to questions it was explained that the food offer would be cooked off site and then prepared at the Premises, therefore not requiring the installation of a kitchen area.

 

PC Sondh, representing the Metropolitan Police, highlighted that as the Premises was located within a Cumulative Impact Area (CIA) the application as presented would not promote the licensing objectives under the prevention of crime and disorder licensing objective. There were traditionally high levels of crime and disorder within that locality and the Police had concerns that the application would cause further policing problems in an already demanding area. Further concern was raised over the ambiguity of the style of operation. The Premises had been described as a restaurant, but the application would permit those customers watching a performance to consume alcohol on the Premises without taking a meal therefore allowing it to operate as a bar.

 

Ms Steward, representing the Licensing Authority, advised the Sub-Committee of the relevant policy considerations relating to the application. It was confirmed that the regulated activities sought would adhere to the core hours policy. The Premises was located within a CIA however and it was for the applicant to explain how the operation would not add to cumulative impact.

 

Mrs Fabbricatore, representing Environmental Health, advised that it had concerns over how the application, as presented, would have the likely effect of causing an increase in public nuisance in the CIA and may impact on public safety. In terms of public safety, following discussions with the applicant a condition had been agreed restricting the capacity of the Premises to 150 persons subject to the appropriate works condition. Regarding the public nuisance licensing objective, it was not deemed appropriate to add conditions requiring the installation of a sound limiter or sound lobby but a condition restricting when deliveries could take place to the Premises was deemed necessary.

 

Mr Brown of the Citizens Advice Bureau, representing one local resident and the Covent Garden Community Association, addressed the Sub-Committee. It was stressed that the key area of concern for local residents living in the local area was that with this application the balance of the street was becoming focused on licensed premises. The Police had raised a concern over the ambiguity of the operation and whether the Premises would operate as a bar, restaurant or performance venue. The proposed conditions meant that the ‘table meal’ element of the licence would seem to be subsidiary to the non-table meal element. In effect, a bar with regulated entertainment would be permitted until 23:00, and for 50 occasions per year until midnight. Mr Brown advised that this was contrary to the relevant sections of the SLP and was likely to harm the licensing objectives. In addition, the Sub-Committee was advised that up to 120 customers leaving 10 Henrietta Street as late as midnight would be deleterious to residents in being, firstly, an additional licensed premise; and secondly, creating an impact long after any additional impact from 15 Henrietta Street had dissipated.

 

A local resident addressed the Sub-Committee and expressed concern that the residential nature of Henrietta Street was being gradually changed to one where there were significant numbers of licensed premises. This was to have the likely effect of increasing public nuisance through the noise impact of people arriving and leaving the area later in the evening, to the detriment of local residents’ amenity.

 

A representative from the Covent Garden Community Association (CGCA) advised that an additional licensed premises on Henrietta Street would add to cumulative impact in the local area. The CGCA was not seeking a refusal of the application but sought a reduction in the opening times applied for. Concern was also expressed that the Premises would be able to operate as a bar with live music without the consumption of alcohol being ancillary to taking a meal.

 

In response to several of the concerns raised Mr Thomas confirmed that when ticketed or pre-booked events were not in operation model condition 66, the full restaurant condition, could apply to the licence ensuring the sale of alcohol was ancillary to taking a table meal. The Council’s Policy Adviser also provided a detailed clarification on the policies which would be applicable for such a premises.

 

Mr Thomas confirmed that under the SLP the Premises could be classified as a restaurant and was content for the proposed conditions to be amended accordingly so that it was clear it would operate as a restaurant with a performance element. As the Premises aimed to promote grassroot musicians it was requested that customers be able to purchase tickets for these events at the door in order to provide a degree of flexibility to make the operation viable. Finally, the Sub-Committee was advised that the application would promote the licensing objectives with fifty conditions proposed to ensure that this was the case.

 

The Sub-Committee considered the application carefully and noted that the Premises was located within a Cumulative Impact Area. Concern was expressed that as presented the application would allow the Premises to function as a bar when ticketed performances or private pre-booked events were taking place. This would have the likely effect of undermining the licensing objectives and increasing cumulative impact in the local area. Therefore, to provide reassurance to residents that the primary purpose of the Premises was to operate as a restaurant the proposed condition relating to the sale of alcohol would be amended to reflect this. This would ensure there was clarity regarding how the Premises would operate and restrict the sale of alcohol to those customers taking a table meal. This was considered appropriate due to its location in a CIA and the need to protect local residents living in close proximity. This amendment to the conditions would not prevent live performances from taking place but would ensure there were sufficient protections in place regarding the sale and consumption of alcohol. In addition, the proposal to allow fifty private events per year operating after 23:00 was removed as this would permit the Premises to operate as a bar and have the obvious effect of impacting negatively on the licensing objectives. The applicant would still have the option to apply for Temporary Event Notices if it desired to hold any events beyond its permitted hours. The hours applied for were also carefully considered. The applicant had applied for core hours for regulated activities with an additional thirty minutes to allow people to finish their drinks. As the Premises was located within a CIA the Sub-Committee felt it was appropriate to align both the opening hours and the hours permitting regulated activities to core hours. This would offer residents further protection and minimise the impact of the Premises on the local area.

 

Therefore, having taken into account all the evidence (with consideration being given to the representations received from local residents), the Sub-Committee was satisfied that subject to the amendments to the conditions and hours detailed above the amended application was suitable for the local area and addressed the concerns raised. The conditions were considered restrictive enough to ensure that it promoted the licensing objectives and would allay the concerns raised by local residents. The Sub-Committee therefore granted the amended application accordingly.

 

 

The application is granted as follows:

 

 

Retail Sale of Alcohol (On Sales):

 

Monday to Thursday:       10:00 to 23:30 hours

Friday to Saturday:          10:00 to 00:00 hours

Sunday:                             12:00 to 22:30 hours

 

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. Sundays prior to bank holidays/public holidays extended to 00:00. There shall be an additional hour to the standard and non-standard times on the day when British Summertime commences.

 

 

Retail Sale of Alcohol (Off Sales):

 

Monday to Saturday:       10:00 to 23:00 hours

Sunday:                             12:00 to 22:30 hours

 

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. Sundays prior to bank holidays/public holidays extended to 00:00. There shall be an additional hour to the standard and non-standard times on the day when British Summertime commences.

 

 

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/public holidays 23:00 to 00:00. There shall be an additional hour to the standard and non-standard times on the day when British Summertime commences.

 

 

Opening Hours:               

 

Monday to Thursday 10:00 to 23:30

Friday to Saturday 10:00 to 00:00

Sunday:       12:00 to 22:30 hours

 

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/public holidays extended to 00:00. There shall be an additional hour to the standard and non-standard times on the day when British Summertime commences.

 

 

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

 

          

Conditions consistent with the operating schedule

 

9.        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 are 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 preceding 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 are 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.      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.     

12.      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.

 

13.      All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

 

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

 

15.      No deliveries to the premises shall take place between 23:00 and 08:00 on the following day.

 

16.      All tables and chairs shall be removed or rendered unusable from the outside area by 23:00 each day.

 

17.      The sale and supply of alcohol for consumption off the premises shall be restricted to sealed containers or alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway.

 

18.      There shall be no sales of alcohol for consumption off the premises after 23:00 hours.

 

19.      Unless otherwise agreed with the Council, a minimum of 7 working days’ notice shall be given by the Environmental Health Consultation Team when there is a change to the theatrical production.

 

20.      The licensable activities authorised by this licence are subject to the primary use of the premises continuing to be that of a restaurant and the sale and consumption of alcohol being ancillary to the use of the premises as a restaurant.

 

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

 

22.      A Challenge 21 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.

 

23.      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, which 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 or searching equipment or scanning equipment

g) any refusal of the sale of alcohol

h) any visit by a relevant authority or emergency service

 

24.      Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given.

·       dry ice and cryogenic fog

·       smoke machines and fog generators

·       pyrotechnics including fireworks

·       firearms

·       lasers

·       explosives and highly flammable substances

·       real flame

·       strobe lighting 

 

25.      The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

26.      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.

 

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

 

28.      All emergency doors shall be maintained effectively self closing and not held open other than by an approved device. 

 

29.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

30.      Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.

 

31.      All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing shall be either non-combustible or be durably or inherently flame-retarded fabric. Any fabrics used in escape routes (other than foyers), entertainment areas or function rooms, shall be non-combustible.

 

32.      The operators of the business and/or the licensees shall ensure that any capacity limits set for the premises are properly monitored at all times and recorded hourly. Information regarding the capacity shall be given to an authorised officer or Police Officer on request.

 

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

34.      The certificates listed below shall be submitted to the Licensing Authority upon written request:

·       Any emergency lighting battery or system

·       Any electrical installation

·       Any emergency warning system

·       Ceiling

 

35.      All materials used in finishing and furnishing the premises should, as far as it reasonably practicable, be selected so as to be difficult to ignite and provide a low surface spread of flame and low rates of heat release and smoke emission.

 

36.      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.

 

37.      Save for persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway, 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.

 

38.      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 and businesses in the vicinity.

 

39.      The stage located on the ground floor when not in use shall be used to provide further seating for patrons to sit and have a meal.

 

40.      The premises shall be laid to tables and chairs at all times as shown in the plans, save for the stage area.

 

41.      A host shall be provided at the entrance of the premises as to monitor/control the number of people in and out of premise and ensure that the maximum capacity is not exceeded.

42.      The supply of alcohol at the premises shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to the meal.  For the avoidance of doubt substantial table meal means a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure serving the purpose of a table.

 

43.      Alcohol shall only be supplied to patrons at the bar who are waiting to be seated for a table meal.

44.      The sale and supply of alcohol for consumption off the premises shall be   restricted to:    

 

45.      There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.

 

46.      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.

 

47.      No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 20.00 hours and 08.00 hours.

          

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

 

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

 

50.     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.

 

51.      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.

52.      No person on behalf of the premises or on behalf of a person carrying or attempting to carry on a licensable activity shall cause, permit, employ or allow, directly or indirectly, whether on payment or otherwise, any person(s) to importune, solicit or tout members of the public on any public highway for the purpose of bringing customers to the premises. The distribution of leaflets or similar promotional material is also prohibited.

 

For the purpose of this section:

'Directly' means employ, have control of or instruct.

'Indirectly' means allowing / permitting the service of or through a third party.

 

53.      A dispersal policy to be implemented for the premises as follows: The premises will implement a dispersal policy and all relevant staff will be trained in its implementation.  The Policy will be reviewed regularly and whenever the Licensee becomes aware of issues associated with dispersal.

 

54.      No licensable activities shall take place at the premises until the works 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.

 

55.      Before the premises are opened to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

56.      No licensable activities shall take 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 licence with a condition detailing the capacity so determined.  The capacity of the premises shall be limited to a maximum of 150 persons.