Agenda item
Shadow Licence, Ground Floor, 6 Bedford Street, WC2E 9HZ
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE No.1
(“The Committee”)
Thursday 3 March 2022
Membership: Councillor Matthew Green (Chairman)
Councillor Melvyn Caplan
Councillor Maggie Carman
Officer Support: Legal Advisor: Horatio Chance
Policy Officer: Kerry Simpkin
Committee Officer: Kisi Smith-Charlemagne
Presenting Officer: Jessica Donovan
Application for a New Premises Licence in respect of Ground Floor, 6 Bedford Street, London, WC2E 9HZ – 21/09030/LIPN
Other Parties Present also: Mr Alun Thomas – Thomas & Thomas (Solicitor)
Mr Kevin Jackman – Licensing Authority
Premises
Ground Floor, 6 Bedford Street, London, WC2E 9HZ
Applicant
Legal And General Assurance (Pensions Management) Limited
Cumulative Impact Area
West End
Special Consideration Zone
None
Ward
St James’s
Summary of Application
The Sub-Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). The Premises currently operate as a restaurant and has been licensed since 2005. The purpose of this application is to seek a shadow licence on the same terms, plans and conditions as per licence reference 21/00270/LIPCH. The Premises are located within the St James’s Ward and within the West End Cumulative Impact Zone.
There is a resident count of 60.
Activities and Hours applied for
Regulated Entertainment: Recorded Music (Indoors)
Monday to Sunday 00:00 to 00:00
Seasonal variations/ Non-standard timings: N/A
Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit (Indoors)
Monday to Sunday 00:00 to 00:00
Seasonal variations/ Non-standard timings: N/A
Late Night Refreshments (Indoors)
Monday to Thursday 23:00 to 00:30 hours Friday to Saturday 23:00 to 01:30 and Sunday 23:00 to 00:00
Seasonal Variations: For times authorised for Christmas, New Year and Good Friday see the conditions at Annex 1 of the licence which can be found at Appendix 3.
Sale by Retail of Alcohol (On and Off Sales)
Seasonal Variations: For times authorised for Christmas, New Year and Good Friday see the conditions at Annex 1 of the licence which can be found at Appendix 3.
Opening Hours of the Premises
Monday to Thursday 10:00 to 00:30 hours Friday to Saturday 10:00 to 01:30 and Sunday 12:00 to 00:00 hours
Seasonal Variations: N/A
Representations Received:
· Mr Kevin Jackaman - The Licensing Authority
· 1 Local resident
Summary of issues raised by objectors:
Concerns were raised on the grounds of public nuisance. A local resident raised concerns regarding ongoing crime, disturbance, traffic, public safety and hygiene issues on the intersection of Bedford and Chandos Street. It was also noted by a resident that in his opinion the application was incomplete and may not necessarily be compliant with the requirements of the Act.
Policy Position:
Policies HRS1, RTN1 (B) and CIP1 apply under the City Council’s Statement of Licensing Policy (SLP).
DECISION AND REASONS
The Presenting Officer Ms Jessica Donovan introduced the application to the Sub-Committee, she advised that this was an application for a New Premises Licence in respect of Ground Floor, 6 Bedford Street, London, WC2E 9HZ by the Applicant, Legal and General Assurance (Pensions Management Limited) who were seeking a shadow licence on the exact same terms as the existing Premises Licence 21/00270/LIPCH. The Premises currently operate as a restaurant and are located within the St James’s ward and in the West End Cumulative Impact Zone.
Ms Alun Thomas, Solicitor appearing on behalf of the Applicant addressed the Sub-Committee, he advised that the Applicant was the Landlord of the Premises and was simply seeking a “shadow” licence on the exact same terms as the existing premises licence. Mr Thomas explained that Landlords often did this to have a safeguard particularly in these uncertain and difficult times. Mr Thomas said that the application sought no changes to the existing licence.
Mr Thomas referred to the leading “Extreme Oyster” case on shadow licences and the guiding principles contained therein. He said that the Applicant had accepted a condition from the Licensing Authority which stated: ‘The shadow licence will not take effect when the current licence is in operation’. Mr Thomas stated that the Applicant had corresponded with the local resident objector via the Council’s website and clarification had been given as to who the landlord was and the rationale for submitting the application. Responding to a question from the Sub-Committee, Mr Thomas confirmed that the Premises was currently operating as a TGI Friday’s.
Mr Kevin Jackaman, appearing on behalf of the Licensing Authority addressed the Sub-Committee, he confirmed that the Licensing Authority initially objected to the application as it was located within the CIA. He said that the initial concerns regarding the Applicant had been answered by Mr Thomas, namely that it was the Landlord of the Premises that was the Applicant. Mr Jackaman confirmed that the Applicant had agreed to the proposed condition and that the Licensing Authority had no further objection to the application. He confirmed that the Licensing Authority had maintained its objection due to a local resident objection and it was for the Sub-Committee to determine the matter accordingly based on the evidence.
Conclusion
The Sub-Committee realises that it has a duty to consider each application on its individual merits and did so when determining this application.
The Sub-Committee noted that this was a valid application for a shadow licence which is to be on the same terms as the existing Premises Licence with the Premises operating as a restaurant.
The Sub-Committee noted that the Applicant has applied for a shadow licence merely to protect their interest as amplified by Mr Thomas in his submissions. The Sub-Committee is well versed in dealing with applications of this type and the reasons why a landlord would seek a licence in such circumstances and this too is recognised and provided for in the SLP at Paragraph D20 on page 49 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.
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 in addition to reducing the overall impact the application would have on the West End Cumulative Impact Zone.
The Sub-Committee concluded that the conditions it had imposed on the Premises Licence would mitigate the concerns raised by residents and have the overall effect of promoting the licensing objectives.
The Sub-Committee would however request that the Licensing Authority be informed who eventually takes over the shadow licence by way of the usual transfer provisions contained within the Act.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives:
1. To grant permission for Regulated Entertainment: Recorded Music (Indoors) Monday to Sunday 00:00 to 00:00 Seasonal variations N/A
2. To grant permission for Private Entertainment consisting of dance, music or other entertainment of a like kind for consideration and with a view to profit (Indoors) Monday to Sunday 00:00 to 00:00 Seasonal variations N/A
3. To grant permission for Late Night Refreshments (Indoors) Monday to Thursday 23:00 to 00:30 Friday to Saturday 23:00 to 01:30 and Sunday 23:00 to 00:00 Seasonal Variations: For times authorised for Christmas, New Year and Good Friday see the conditions at Annex 1 of the licence which can be found at Appendix 3.
4. To grant permission for the Sale by Retail of Alcohol (On and Off Sales)
Monday to Thursday 10:00 to 00:00 Friday to Saturday 10:00 to 01:00 and Sunday 12:00 to 23:30 Seasonal Variations: For times authorised for Christmas, New Year and Good Friday see the conditions at Annex 1 of the licence which can be found at Appendix 3.
5. To grant permission for the Opening Hours of the Premises: Monday to Thursday 10:00 to 00:30 Friday to Saturday 10:00 to 01:30 and Sunday 12:00 to 00:00 Seasonal Variations: N/A
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 licensing hearing
8. Substantial food and suitable beverages other than intoxicating liquor (including drinking water) shall be available during the whole of the permitted hours in all parts of the premises where intoxicating liquor is sold or supplied.
9. (i) Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.
In this condition, permitted hours means:
(a) On weekdays, other than Christmas Day, Good Friday or New Year's Eve, 10:00 to 23:00;
(b) On Sundays, other than Christmas Day or New Year's Eve, 12:00 to 22:30;
(c) On Good Friday, 12:00 to 22:30;
(d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30;
(e) On New Year's Eve, except on a Sunday, 10:00 to 23:00;
(f) On New Year's Eve on a Sunday, 12:00 to 22:30;
(g) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve), and on Christmas Day, between 15:00 and 19:00, to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
(iii) (a) On Fridays and Saturdays only alcohol may be sold or supplied until 01:00 in the morning to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal.
(b) The alcohol must be sold or supplied at a time before (i) the provision of entertainment by persons present and performing or (ii) the provision of substantial refreshment has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
(c) This condition does not authorise any sale or supply to any person admitted to the premises either after midnight or less than half an hour before the entertainment is due to end, except in accordance with condition number 10 (ii) above.
NOTE - The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;
(d) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or registered club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there;
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.
10. The terminal hour for Late Night Refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
11. The shadow licence will not take effect when the current licence is in operation.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
3 March 2022
Supporting documents:
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6 Bedford Street report_Redacted, item 3.
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