Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street *  None ** None	Sixes 170 Great Portland Street W1W 5QB	Premises Licence Variation	21/10593/LIPV
*Cumulative Impact Area ** Special Consideration Zone

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

 

Thursday 10^th February 2022

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Louise Hyams Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Steve Burnett

                                Policy Officer:          Kerry Simpkin

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Kevin Jackaman

 

 

Application for a variation of a Premises Licence for Sixes, 170 Great Portland Street, London W1W 5QB - Ref No. 21/10593/LIPV

 

 

Full Decision

 

Premises

Sixes,

170 Great Portland Street,

London

W1W 5QB

 

Present

 

Applicant Sixes Cricket Limited - Calum MacKinnon (Director), represented by James Rankin (Counsel)

 

Richard Brown (Citizens Advice Westminster) representing Mark Gazaleh, Rita Shah and David Bremner.

 

Mark Gazaleh - Portland Village Association

 

Ward

 

Marylebone High Street

 

Summary of Application

 

The Sub-Committee has determined an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operates as a cricket themed and experiential restaurant.

 

The application was:

 

1)    To vary the layout of the premises in accordance with the plans submitted by the applicant, namely, the inclusion of a private events / function room in the basement (which will provide licensable activities and be open for the same hours as the ground floor bar / experiential area.)

2)    The inclusion of a fifth cricket net in the ground floor restaurant area.

3)    To amend condition 24 under Annex 3 of the premises licence to read as follows:

“In the cross hatched area the supply of alcohol at the premises in the area cross hatched on the plan shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal, to people who are taking part in an experiential experience or to people attending a bone-fide pre-booked function.”

 

4)    To add a condition in respect of the basement area only which reads as follows:

“The supply of alcohol at the premises in the area outlined green will only be to persons who are attending a pre-booked function or event and will not otherwise be available to the general public.”

 

There is a resident count of 54. 

 

Representations Received

 

·       Metropolitan Police – PC Reaz Guerra (Withdrawn)

·       Environmental Health Services (EHO) – Mr Ian Watson

·       Rita Shah – Residential Objection

·       Rekha Rani - Residential Objection (Represented by Mr Richard Brown of Citizens Advice Westminster)

·       Guy Austin – Marylebone Association

·       Mark Gazaleh – Portland Village Association (Represented by Mr Richard Brown of Citizens Advice Westminster)

·       Richard Porter – 49 Hallam Street Ltd Objection

·       Anthony Rissbrook - Residential Objection

·       David Bremner – Residential Objection (Represented by Mr Richard Brown of Citizens Advice Westminster)

 

Summary of issue raised by Objectors

 

1.     The variation will result in an increase in noise and disturbance which already emanate from the premises.

2.     The current ancillary nature of the sale of alcohol is being diluted.

3.     Increase in noise levels as a result of the exit doors opening and closing.

4.     Noise from customers in the outside area.

5.     Risk of customers noise when leaving the premises

 

 

 

 

 

 

 

 

Policy Considerations

 

HRS1

 

·       Applications within the core hours will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.

 

RTN1 (B)

 

·       Applications outside the West End Cumulative Impact Zone will generally be granted subject to the application meeting the requirements of policies CD1, PS1, PN1 and CH1.

 

 

SUBMISSIONS AND REASONS

 

Kevin Jackaman, the Presenting Officer introduced the application.

 

Mr Rankin for the Applicant explained that the Applicant is a good operator and had consulted with the EHO, and residents. As a result of the consultation, the issue with the front doors electronically opening and closing was addressed by disabling the sensor system inside the premises and replacing it with a push button. It was submitted that this would reduce the number of inadvertent opening of the doors when patrons walk past the internal sensors. The Applicant is confident that this will reduce the risk of noise escape from the premises. The Applicant also agreed to a reduction of the numbers of seats in the outside area to 2 patrons per table and a reduction to the total capacity of the premises from 580 to 300 excluding staff.

 

Mr Rankin advised the Sub-Committee that the inclusion of a fifth net as shown on the plans would reduce the public area in the restaurant by a third. The new basement area had been previously licensed, but the applicant only requires a capacity of 20 persons for that area.

 

Mr Watson, (EHO) advised the Sub-Committee that there had been a pre-application consultation. He is happy with the suggested capacities and with the proposed conditions, save for the use of the word ‘fire exits’ which should be amended with ‘emergency exits’, the need for the proposed police ‘off sales’ condition and the wording of condition 1. There are no recorded complaints regarding public nuisance against the premises.

 

The Sub-Committee heard from Mr Brown, on behalf of the objectors. He provided a history of the site and its historical operation as a food led venue. He confirmed that there has been substantial mediation with the Applicant but noise escape from the premises through the electronic sliding doors, remains a problem.

 

The installation of the push pads is a new development and the residents have yet to see whether this resolves the issue. Mr Brown confirmed he had no objections to the proposed police condition relating to off sales being deleted and advised that condition 5 relating to the closure of the internal doors was helpful. The Applicant felt that this condition would make little difference to noise escape and would hinder the movement of waiter/waitress service.

 

The Members heard from Mr Gazaleh, who welcomed the discussions between the residents and the Applicant. He is hopeful that the new entrance push button will reduce exuberant customer noise escaping from the premises and causing a public nuisance. He was advised that Mr Brown will explain the Premises Licence Review process should there be any future issues in relation to public nuisance.

 

Mr Burnett, the Committees’ legal adviser reviewed the proposed, deleted, additional and amended conditions with all parties.

 

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all the Committee papers, including the additional evidence, the Revised Guidance as issued under sec 182 of the Licensing Act 2003, WCC Licensing Policy and the oral evidence given by all parties during the hearing in its determination of the matter.

 

The Sub-Committee had regard to the fact that the Applicant had reduced the capacity of the premise, reduced the capacity of the outside area and had agreed conditions through consultation with the Metropolitan Police, Mr Watson and the residents. 

 

The Sub-Committee acknowledged and commended the Applicant’s consultation with the residents.

 

In reaching its decision, the Sub-Committee took into consideration the evidence, the agreed conditions and conditions agreed during the hearing. 

 

The Sub-Committee was also of the opinion that the conditions imposed on the premises licence were appropriate and proportionate and would ensure that the four licensing objectives were promoted.

 

The Sub-Committee has decided, that in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Licensing Policy and on the evidence that, in all the circumstances of this case and the promotion of the four licensing objectives, they would GRANT the application:

 

1)    to vary the layout of the premises in accordance with the plans submitted by the applicant, namely, the inclusion of a private events / function room in the basement (which will provide licensable activities and be open for the same hours as the ground floor bar / experiential area.)

2)    to include a fifth cricket net in the ground floor restaurant area.

 

Subject to:

 

3)    the existing Mandatory Conditions,

4)    the existing Premises Licence conditions, insofar as they are amended as below.

5)    the additional conditions below.

 

 

Conditions imposed by the Committee after a hearing

 

Police Proposed conditions/amendments: -

 

To Replace existing condition 9:

 

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

(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.

(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.

(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.

(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

 

To replace existing condition 28:-

 

Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke or make a phone call, shall not be permitted to take drink or glass containers with them.

 

Applicants’ Proposed and agreed Conditions:

 

1.     In the cross hatched area, the supply of alcohol at the premises shall only be to a person seated taking a table meal there, and consumption by such a person as ancillary to their meal; to people who are taking part in an experiential experience; or to people attending a bona fide pre-booked function (condition to replace condition 24)

 

2.     There will be no more than 8 tables and 16 chairs outside in the area edged green on the plan, and those tables and chairs shall be removed or rendered unusable after 22:30 (amendment to existing condition 27)

 

3.     The supply of alcohol at the premises in the area outlined green in the basement will only be to persons who are attending a pre-booked function or event, and will not be otherwise available to the general public.

 

4.     The maximum number of customers permitted in the area outlined in green in the basement will be no more than 20.

 

5.     Deleted/not needed

6.     The doors which provide egress from the cross hatched area to Great Portland Street will only be used as an emergency exit, and will not be used by the public or staff to access or egress the premises at any time, other than in the event of an emergency.

 

7.     The entrance doors to the premises can only be opened from the inside by a push pad located within the Premises or on an emergency alarm.

 

EHO Proposed and agreed Conditions:

 

Existing Conditions 19, 35 and 36 to be deleted

 

Add the following condition.

 

The number of persons permitted in the premises at any one-time (excluding staff) shall not exceed 300 persons, with no more than 20 patrons in the basement.

 

Informative:

 

1.     The Sub Committee was reassured by the positive engagement between the Applicant and the residents. The Sub Committee expects that this will continue to ensure that concerns about noise escape from the premises is constantly addressed and so that the Applicant can take further measures if necessary.

 

The residents, nevertheless, have the option of instigating a Premises Licence Review should the operation of the premises continue to cause a public nuisance.

 

2.     The Applicant undertakes to provide amended licence plans to the EHO and Licensing Department showing the updated and approved layout, including the entrance doors to the premises.

 

 

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

 

The Licensing Sub-Committee

10^th February 2022