Agenda item - Milk and Honey (Shadow Licence), 61 Poland Street, W1F 7NU

Milk and Honey (Shadow Licence), 61 Poland Street, W1F 7NU

Meeting of Licensing Sub-Committee (3), Thursday 23rd September, 2021 10.00 am (Item 2.)

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

West End

West End*

None**

Milk and Honey (Shadow Licence), 61 Poland Street, W1F 7NU

New Premises Licence

21/02909/LIPN

*Cumulative Impact Area
** Special Consideration Zone

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

Thursday 23 September 2021

Membership: Councillor Jim Glen (Chairman), Councillor Louise Hyams and Councillor Maggie Carman

Officer Support: Legal Advisor: Horatio Chance

Policy Officer: Kerry Simpkin

Committee Officer: Sarah Craddock

Presenting Officer: Kevin Jackaman

Application for a New Premises Licence 21/02902/LIPN

Full Decision

Premises

61 Poland Street

London

W1F 7NU

Applicant

Mrs Heena Rajiv Sodha

Represented by Craig Baylis (Agent for the Applicant)

Cumulative Impact Area?

West End Cumulative Impact Area

Ward

West End

Special Consideration Zone

None

Summary of Application

The Freeholders of the Premises known as “Milk and Honey” have applied for a shadow licence due to a current commercial dispute with their tenant regarding unpaid rent during the Covid-19 pandemic.

Activities and Hours applied for

Retail Sale of Alcohol [On and Off Sales]

Monday to Saturday 10:00 to 03:00

Sunday 10:00 to 00:30

Seasonal Variation/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 the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30. Sundays before bank holidays (except Easter Sunday) 09:00 to 03:00.

Late Night Refreshment

Monday to Saturday 23.00 to 03.30

Sunday 23:30 to 02:00

Seasonal Variation/Non-Standard Timings:

Performance of Dance, Film, Performance of Live Music, Recorded Music and Anything of a Similar Description

Monday to Saturday 09.00 to 03.00

Sunday 09:00 to 02:00

Seasonal Variation/Non-Standard Timings:

Hours premises are open to the public

Monday to Saturday 09.00 to 03.30

Sunday 09:00 to 02:00

Seasonal Variation/Non-Standard Timings:

Representations Received

· Licensing Authority (withdrawn following agreement with conditions)

· Soho Society (withdrawn following consultation)

· Three local residents (following consultation one resident withdrew their representation)

Summary of issues raised by objectors

· The application will likely have the effect of undermining the four Licensing Objectives in a locality where there was traditionally high levels of public nuisance and crime and disorder.

· This property backs onto Sandringham Court in Dufours Place. Any licence granted must take into account the right of residents to have a peaceful night’s sleep.

· The building has a roof terrace which has historically been problematic with groups drinking and making loud cackling noises as people do when drunk into the night. Restrictions were placed on the previous venue; no alcohol on roof, terrace not occupied after 9pm (even for smoking) groups of no more than three people on the terrace at any time. No barbecues on the roof or smoke pollution from the premises.

· The Soho society supports the representation from a resident objecting to this application for a shadow licence on the same terms as the existing licence 20/10038/LIPT. We object on the grounds that it will fail to promote the licensing objectives and will add to cumulative impact in the West End Cumulative Impact Zone.

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, and PB1 (B) under the City Council’s Statement of Licensing Policy (SLP).

SUBMISSIONS AND REASONS

Kevin Jackaman Presenting Officer summarised the application for the purposes of the Sub-Committee. He advised that this was an application for a New Premises Licence in respect of address 61 Poland Street, W1F 7NU and explained that this application was for a shadow licence of the existing Premises Licence covering various licensable activities detailed on pages 24-25 of the report. He further advised that representations had been received from the Licensing Authority but had been consequently withdrawn after consultation with the Applicant.

Mr Baylis, Solicitor representing the Applicant, addressed the Sub-Committee and provided an overview of the situation that the Freeholders of the Premises had found themselves in. He explained that the Freeholders were currently in dispute with the existing Premises Licence Holder because he had not paid rent for over a year under the lease arrangements. The Freeholders therefore wished to be granted a shadow licence on the same terms and conditions as the existing Premises Licence to ensure that they could market the Premises with an existing Premises Licence to new potential lease holders. Mr Baylis confirmed that the shadow Premises Licence would then be directly transferred from the Freeholders to the new lease holders.

The Sub-Committee discussed proposed condition 50 as featured in the report (re-numbered Condition 48 below) and confirmed that it should be amended to read ‘‘The shadow licence will not take effect whilst the current licence is operational’ (and for the avoidance of doubt this shall mean on the happening of the original licence lapsing, or otherwise surrendered or revoked)

Conclusion

The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so for the purposes of this application. It was noted by the Sub-Committee that the Licensing Authority had withdrawn their objection along with the Soho Society and two resident objectors. The Landlord Applicant was the only party present at the hearing.

The Sub-Committee in light of the evidence before it and the arguments advanced by Mr Baylis in his submissions to the Sub-Committee considered Paragraph D20 on page 49 of the SLP which reads:-

“The Licensing Authority may consider granting applications for licences that duplicate the terms and conditions of the current operational licence for that same premises but are issued to the landowner, or other person with an interest in the property and that the licence has no affect by condition. These ‘Shadow Licences’ are normally sought by the landowner to protect the interest of their property due to the Policy to refuse certain new applications. A Shadow Licence will, in the event that a licence lapses, is surrendered or is revoked the property own can look to market the property with the licence. The holder of the Shadow Licence would in those circumstances need to apply to the Licensing Authority to vary the licence to remove any conditions preventing the use of that licence. At that point the Licensing Authority will consider whether the operation of the premises is likely to be an exception to policy. It will be for the Shadow Licence licensee to demonstrate that they are an exception within the applications operating schedule”

The Sub-Committee using its discretionary powers concluded that Paragraph D20 of the Policy had been met by the Applicant on the basis that this was an application for a shadow licence identical to the existing Premises Licence in terms of hours and conditions. Therefore, the Sub-Committee could see no real justification for rejecting the application. The Sub-Committee did, however, advise that the Licensing Authority should be informed of who eventually takes over the shadow licence.

Having taken into account all the evidence and the individual circumstances of this case the Sub-Committee decided to grant the application. The Sub-Committee was satisfied that the application was suitable for the local area and had addressed any concerns raised. The Applicant had demonstrated that there were exceptional circumstances which would allow the Sub-Committee to depart from policy in granting the application, which was considered appropriate, with the conditions considered proportionate and restrictive enough to ensure that it promoted the licensing objectives and did not add to cumulative impact.

Having carefully considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Committee has decided, after taking into account all of the individual circumstances of this case and the promotion of the four licensing objectives: -

1. To grant permission for the Retail Sale of Alcohol [On and Off Sales] Monday to Saturday 10:00 to 03:00 Sunday 10:00 to 00:30

Seasonal Variation/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 the morning on which British summer time begins, the permitted hours shall extend until 04:00 hours and opening hours until 04:30. Sundays before bank holidays (except Easter Sunday) 09:00 to 03:00.

2. To grant permission Late Night Refreshment (Indoors) Monday to Saturday 23.00 to 03.30Sunday 23:30 to 02:00

3. To grant permission the Performance of Dance, Film, Performance of Live Music, Recorded Music and Anything of a Similar Description (Indoors) Monday to Saturday 09.00 to 03.00 Sunday 09:00 to 02:00

4. To grant permission the Hours the Premises are Open to the Public Monday to Saturday 09.00 to 03.30Sunday 09:00 to 02:00

5. To add conditions in the terms specified below.

6. That the licence is subject to any relevant mandatory conditions.

7. 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

8. Substantial food and suitable beverages other than alcohol (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where alcohol is sold or supplied.

9. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment

10. After 23:00 hours the sale of alcohol is only permitted on any evening where the premises or part of the premises are open for music, dance or entertainment and to:

(a) Persons who have paid a minimum annual membership fee of at least £150 payable in advance for music, dancing or entertainment (not to be credited against consumables), a list of all persons who have paid an annual membership fee will be held at reception for inspection by the relevant authority;

(b) Persons who have a pre-booked table meal, list to be held at

reception

(d) bona fide guests of the proprietor (not exceeding 10% of the total capacity) a list of whom shall be kept at reception

(e) Artistes and persons employed on the premises

(f) Corporate memberships (the cost no less than £160 per card). No more than 5 guests per membership. All card holders to sign in with name and position in company - such information to be held at reception.

11. Subject to the following paragraphs, the permitted hours for the sale or supply of alcohol on Monday to Saturday shall commence at 10:00 and extend until 03:00 the following morning except that:

(i) the permitted hours shall end at midnight on any day on which music and dancing is not provided after midnight; and

(ii) on any day that music and dancing end between midnight and 03:00 the following morning, the permitted hours shall end when the music and dancing end.

12. The permitted hours for the sale or supply of alcohol on Sunday (except immediately before bank holidays) shall commence at 12.00 and extend until 00:30 the following morning except that:

(i) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight; and

(ii) where music and dancing end between midnight on any Sunday and 00:30 on the following morning the permitted hours shall end when the music and dancing end.

13. The permitted hours for the sale or supply of alcohol on Sunday immediately before bank holidays shall commence at 12.00 and extend until 03:00 except that:

(i) the permitted hours shall end at midnight on any such Sunday on which music and dancing is not provided after midnight; and

(ii) where music and dancing end between midnight on any such Sunday and 03:00 on the following morning the permitted hours shall end when the music and dancing end.

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

15. 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 shall be used on the premises without being routed through the sound limiter device.

16. Save for the windows on the stair lobby 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.

17. The external terraced area on the 4th floor shall ceased to be used by patrons and staff after 23:00 hours.

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

19. 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. Notices shall also be prominently displayed on the roof terrace stating that no mobile phones shall be used on that roof terrace.

20. Patrons temporarily leaving the premises such as for the purposes of smoking shall not take any drinks with them and after 23:00 hours shall be limited to a maximum of 15 persons at any one time.

21. The number of persons accommodated (excluding staff) at any one time shall not exceed:

o Basement : 50

o Ground Floor: 65

o First Floor: 25

o Second Floor: 20

22. No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or be distributed to the public. This does not prohibit the distribution of leaflets to persons within the premises.

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

24. 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 authorized officer throughout the preceding 31 day period.

25. 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 authorized council officer copies of recent CCTV images or data with the absolute minimum of delay when requested.

26. An incident log shall be kept at the premises, and made available on request to an authorized 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

(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.

27. No deliveries or collections shall be made to or from the premises between 23:00 and 08:00 hours.

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

29. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0700 hours.

30. During the hours of operation 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 the aforementioned 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.

31. 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.

32. The edge of the treads of steps and stairways shall be maintained so as to be conspicuous.

33. All exit doors shall be available at all material times without the use of a key, code, card or similar means. Any fastenings or electrically controlled locks shall be approved by the Council.

34. Only hangings, curtains, upholstery and temporary decorations, complying with the relevant British (or where appropriate European) Standard shall be used. Where necessary these shall be periodically tested for flame resistance and re-treated as necessary.

35. 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.

36. 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.

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

38. All fabrics, curtains, drapes and similar features including materials used in finishing and furnishing should 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, should be non-combustible.

39. Curtains and hangings shall be arranged so as not to obstruct emergency signs.

40. No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.

NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

41. There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

42. 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 7 days prior notice being given to Westminster City Council Consultation Team where consent has not previously been given:

a. dry ice and cryogenic fog;

b. smoke machines and fog generators;

c. pyrotechnics including fireworks;

d. firearms;

e. lasers;

f. explosives and highly flammable substances;

g. real flame;

h. strobe lighting.

43. The certificates listed below, together with, if necessary, satisfactory details of remediation works identified, shall be submitted to the Environmental Health Consultation Team upon written request:

a. Any emergency lighting battery or system

b. Any electrical installation

c. Any fire alarm system.

44. SIA licences worn by door staff shall be clearly displayed and visible at all times.

45. The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

46. On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 02.00.

47. 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.

48. The shadow licence will not take effect whilst the current licence is operational.

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.

The Licensing Sub-Committee

23 September 2021

Supporting documents:

1a. LSC Report - 61 Poland Street_Redacted, item 2. PDF 8 MB
Restricted enclosure View the reasons why document 2./2 is restricted