Agenda item
Unit 1, Ground Floor and Basement, Ilona Rose House, Manette Street, W1D 4AL
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 14th July 2022
Membership: Councillor Less (Chairman), Councillor Southern and Councillor Sargent
Officer Support Legal Advisor: Steve Burnett
Policy Officer: Aaron Hardy
Committee Officer: Sarah Craddock
Presenting Officer: Kevin Jackaman
Others present: Alun Thomas (Thomas and Thomas) Solicitors on behalf of Soho Estates Portfolio Limited (the Applicant).
For Soho Estates Portfolio Limited:
Adam Price
Matthew White
David Nevitt – Environmental Health Officer (EHO)
Karyn Abbott – The Licensing Authority (LA)
Tim Lord – The Soho Society
David Kaner – The Covent Garden Community Association (CGCA)
Richard Brown (Solicitor, Westminster’s Citizens Advice) representing the Soho Society
Application for a New Premises Licence in respect of Unit 1 Ground Floor & Basement Ilona Rose House, Manette Street, London W1D 4AL - 22/03403/LIPN
FULL DECISION
Premises
Unit 1
Ground Floor & Basement
Ilona Rose House,
Manette Street,
London
W1D 4AL
Applicant and Premises Licence Holder (PLH)
Soho Estates Portfolio Limited
Ward
West End
Cumulative Impact
West End
Special Consideration Zone
Activities and Hours applied for
· Late Night Refreshment (Indoors and Outdoors)
Monday to Saturday 23:00 to 01:00 hours
Sunday 23:00 to 23.30 hours
· Supply of Alcohol (On and Off the Premises)
Monday to Saturday 10:00 to 01:00 hours
Sunday 12:00 to 23:30 hours
· Hours Open to the Public
Monday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 23:30 hours
· Seasonal variations: All licensable activities and opening times shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”) to operate as a restaurant with ancillary bar. The premises is not currently trading.
The application seeks to licence the reconfigured layout of the premises.
Units 1, 2 and 3 are located on the ground floor and all areas are individually licensed. Unit 3 and 2 are not involved in this application. The existing basement (unit 4) is also licensed.
The application is to licence unit 1 which includes a portion of the licensed basement. Both areas have the benefit of an existing premises licence under references 21/07023/LIPN and 21/07004/LIPN.
The Premises Licence Holder seeks to mirror the existing Premises Licence, save to amend the capacity in current condition 25 (g), from 50 to 90.
The two existing Premises Licences for unit 1 and the basement will be surrendered if this application is granted.
The Premises are located within the West End Ward and West End Cumulative Impact Zone.
Representations Received
· David Nevitt - EHS
· Karyn Abbott - LA
· Soho Society
· Mr David Kaner – CGCA
· David Fares
Summary of Representations
The EHO object to the application on the grounds of the prevention of public nuisance and public safety. The Premises is located within the West End Cumulative Impact Zone.
The Licensing Authority note that the application falls within the PB1 policy, and the Applicant will have to demonstrate exceptional circumstances to allow to depart from Policy and that the hours fall outside of core hours for pubs and bars.
The residential objector objects to the proposed hours of trade as this will increase noise and potentially crime.
The residents’ associations argues that the previous grants should be ignored as the associations missed the opportunity to object to that application in Dec 2021. They contend that the application is in a CIZ and due to the overall capacity of the premises this would have a negative cumulative effect on the area and is against policy.
Policy Position
CIP1
A. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone for: pubs and bars, fast food
premises, and music and dancing and similar entertainment, other
than applications to:
1. Vary the hours within Core Hours under Policy HRS1, and/or
2. Vary the licence to reduce the overall capacity of the premises.
C. Applications for other premises types within the West End
Cumulative Impact Zones will be subject to other policies within this
statement and must demonstrate that they will not add to cumulative
impact.
D. For the purposes of this policy the premises types referred to in
Clause A are defined within the relevant premises use policies within
this statement.
HRS1
Applications for hours outside the core hours set out in Clause C
will be considered on their merits, subject to other relevant policies,
and with particular regard to the following:
1. The demonstration of compliance in the requirements of policies CD1, PS1, PN1 and CH1 associated with the likelihood of the effect of the grant of a licence for later or earlier hours on crime and disorder, public safety, public nuisance and the protection of children from harm.
PB1 (B)
B. It is the Licensing Authority’s policy to refuse applications within
the West End Cumulative Impact Zone other than:
1. Applications to vary the existing licence hours within the council’s Core Hours Policy HRS1.
2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.
C. The applications referred to in Clause B1 and B2 will generally be
granted subject to:
1. The application meeting the requirements of policies CD1, PS1,
PN1 and CH1, and/or,
2. The operation of any delivery services for alcohol and/or late night refreshment meeting the council’s Ancillary Delivery of Alcohol and/or Late-Night Refreshment Policy DEL1.
3. The application and operation of the venue continuing to meet the definition of a Public House or Bar in Clause D.
D. For the purposes of this policy a Public House or Bar is defined as a premises, or part of a premises that’s primary use is the sale or supply of alcohol for consumption on those premises and/or for consumption off the premises for consumption outside the venue.
SUBMISSIONS AND REASONS
1. It was agreed that the facts and evidence are identical in relation to the applications for Units 1 and 2 and therefore the Committee agreed to hear both applications at the same time, however separate decisions will be provided.
2. Mr Thomas on behalf of the Applicant explained to the Committee that this development is a family legacy and therefore will not be sold and the Applicant have an interest in ensuring the premises operate without issue.
3. The premises have planning permission for restaurant use and there is no independent bar use.
4. Up to 21:00 hrs, although food is available, customers can have a drink without food but thereafter, the premises will trade as a full restaurant. The layout of the premises is and is seen as a restaurant and not a bar.
5. The Committee were informed by Mr Thomas that current premises licence was granted in Dec 2021 and the Sub-Committee granted the Premises Licence, subject to conditions and on the basis that the restaurant operation subject to conditions will not add to the cumulative impact in the area.
6. Mr Thomas explained that the PLH has decided to split unit 4 and add it to unit 1. The footprint and hours on the Premise Licence remain the same. Unit 3 is unaffected. If granted the existing premises licence for 1 and 4 will be surrendered. The existing capacity of unit 4 will be split between units 1 and 2. There is no change to the external seating.
7. The PLH had the benefit of pre application advice. Trading hours remain as existing and are as granted on the premises and planning. The planning use for the premises is as a restaurant.
8. Mr Thomas submitted that the premises is in a good location with public travel available to disperse customers quickly. The site has CCTV, private cleansing teams, private security and is well managed.
9. The Committee were informed that the residents’ associations had failed to object to the original application relating to this site because they were relying on the publication of the Licensing Reviews. He referred to the case of Albert Hall (Starting at page 3 of the Additional bundle). The Applicant had complied with the statutory advertising of the application, so the residents’ association arguments should have no weight.
10.Mr Thomas stated that the previous applications have been determined and the Applicant has signed to lease this unit to a tenant. They have a legitimate expectation to trade the site as they have an existing and valid Premises Licence.
11.It was advanced on behalf of the Applicant that the circumstances have not changed since the original grant in Dec 2021, they have already demonstrated to the previous Committee that the operation will not add to the cumulative impact in the area.
12.Mr Thomas stated that he had attempted to contact the Soho Society but had received a response. There is a Dispersal Plan (page 23 of the agenda) and there is not a requirement to prove an exception to Policy for restaurant. With the ancillary bar trade, if an exception is required, Mr Thomas confirmed that this is only up to 21.00, all seated customers and waiter/waitress service.
13.In response to questions from the Members, Mr Thomas confirmed there is no increase to the overall capacity of the site and that he believes that less people will be attracted to an area where there are 3 restaurants rather than where there are 4 different offerings. Food is available throughout the premiss and there is no vertical drinking. Mr Thomas agreed on behalf of his client to MC 41 being added to the Premises Licence if granted.
14.Mr Thomas, assisted by Matthew Price confirmed that capacity is calculated based on floor space, means of escape and toilet provision. The capacity is shown on the plans, submitted in support of this application.
15.Mr Nevitt EHO, confirmed that there was pre application discussion and there is a reconfiguration of the plans, but the hours and terms remain the same as the existing Premises Licence.
16.Mr Nevitt explained that the issue is the capacity and whether the new scheme will have an adverse impact on the area. He did not feel that it would add to cumulative impact. He informed the Committee that the premises could not operate as a pub where there is vertical drinking because of proposed condition 25.
17.In response to the Committee, Mr Nevitt stated that there have been no noise impact or complaints, but it should be noted that the premises is not currently trading. He also stated that the capacity figures are based on seated customers and that the Committee could impose a maximum capacity figure for the different areas.
18.Mr Nevitt finally explained to the Committee that a main concern was the use of the outside area and its impact on neighbours. He referred the Committee to conditions 11-13 which controls its use.
19.Karyn Abbott on behalf of Licensing stated that Policy PB1 is relevant as up to 21.00 the premises is a drink led operation and that the Applicant should give exceptional reasons why the Committee should depart from the CIZ policy and also show why the premises will not add to CIZ.
20.Richard Brown on behalf of the Soho Society referred the Committee to his written submission at page 17 of the additional papers and advised the Committee that even though the number of premises is being reduced in the development, the large capacity still remains the same, and this will cause dispersal issues.
21.He explained that's no one objected to the application in December 2021, but each case is to be heard on its own merits. This is a new application for consideration so the submissions from the objectors are valid despite them not objecting on the previous occasion.
22.Mr Brown submitted that the existence of all 4 of the licensed premises at this site is a relevant factor as there is an addition of 847 people to a cumulative impact area. The planning permission permits use of the premises until 01.00 but it also restricts a separate bar use.
23.Soho Society submits that the application should be granted to core hours, the separate bar use up to 21.00 should be refused and the outside capacity limited.
24.Mr Brown continued to explain that paragraph D13 of Westminster’s’ Licensing Policy (SoLP) purely states that Cumulative Impact (CI) increases rapidly from 21.00. However, Mr Brown submitted that CI becomes progressively worst through the day, it does not suddenly start at 21.00. This application seeks bar use independent of MC66 until 21.00.
25.The Committee was directed to para F127 of SoLP, which implies that the authority intension is to prevent restaurants from operating as a bar.
26.Mr Brown explained that the definition of bars and restaurants are different, and the Applicant should not be allowed to pick and chose which bits to apply to an operation. It is either a restaurant or a bar. The main issue is the effect of the overall capacity. He submitted that on the information provided at the hearing, the question to be answered is whether the grant will promote or adversely affect the licensing objectives.
27.Mr Lord on behalf of the Soho Society submitted to the Committee that Old Compton Street and Greek Street all have crime and disorder and nuisance issues. There are three nightclubs which contribute to customer noise, music escape and traffic noise. There is a pedestrian area from the premises to both streets and this would increase the overall size of the CIZ area. Customers from the premises would therefore eat and leave into the worst area of Soho as far as crime, disorder and nuisance are concerned.
28.Mr Lord explained that the crime statistics in Greek Street are at the top end and there are not enough police officers to attend incidents.
29.Mr Lord felt it was a shame that more residents and the new residents in the accommodation nearest the site did not make any objections.
30.In response to the Committee, Mr Lord explained that he is concerned about customer migration to the nightclubs, dispersal of customers into a ‘pinch’ area and onto Greek Street, and that there was no way of stopping vertical drinking in the outside areas.
31.In response to the Objectors comments, Mr Thomas advised the Committee that the courtyard area is private, gated, covered by CCTV and private security. They have a dispersal plan. He submitted that if residents had concerns, they would have objected or made complaints to the authorities.
32.Mr Thomas explained that the units are not ‘fronting’ Greek Street, therefore there will be no noise and the area will be managed accordingly. He confirmed that his clients would be happy with a cap on the maximum capacity but would rather it be left to the Environmental Health Officer’s assessment. He emphasised that the premises would trade as a restaurant all day but before 21.00 customers would be able to sit, have waiter/waitress service and have a drink, without food. He agreed to a condition requiring food to be available when alcohol is being sold for consumption.
33.Mr Thomas also reminded the Committee that the original decision in Dec 2021, considered all issues in relation to the licensing objectives and residents. The police and EHO had all relevant information on that occasion and the premises licence, with conditions was granted. There are no objections from the police.
34.Mr Thomas stated that he would prefer the model condition (MC99) relating to the dispersal policy rather than the condition offered by Mr Kaner of the CGCA, which Mr Thomas considered to be unenforceable.
35.Mr Hardy, the Policy Advisor clarified the position in relation to SoLP. Namely that F112 is unlikely to apply to this premises as a majority of customers will be eating and food will be available. The bar is not a specific bar area but a feeder bar for the restaurant, the primary use.
36.Mr Thomas confirmed that a specific bar area is not wanted and that there would be no vertical drinking as in the usual bar operation.
37.Mr Hardy also confirmed that this application falls under RNT1. D13 is a policy to refuse applications for music and dancing venues and pubs and bars within the CIZ but there is an example of an exception if there is a terminal hour for the music and dancing venues, pubs and bars, if they close at 21.00.
38.Mr Thomas on behalf of his client agreed to the conditions commencing at page 55 of the agenda and also MC41, a restriction on capacity not to exceed 431, MC99 by would rather MC99 rather than the condition proposed by the CGCA at page 12 of the agenda.
DECISION
1. The Committee has determined an application for a grant of a NEW Premises Licence under the Licensing Act 2003.The Committee realises that it has a duty to consider each application on its individual merits. There is no policy presumption to refuse the application that is not within the Cumulative Impact Area provided the licensing objectives are not undermined.
2. The Committee was satisfied that, in accordance with the Licensing Act 2003, Home Office Guidance, Westminster’s Licensing Policy and on the evidence before it, it was appropriate and proportionate, in all the circumstances, to GRANT the application.
3. In doing so, as well as other matters, the Committee noted that a premises licence was granted in Dec 2021 and that there were no changes save for the layout of the premises. However, each case is heard on its own merits and as this is an application for a new premises licence, little weight was placed on the previous grant. All policy matters, objections and written and oral evidence were considered afresh.
4. The Committee noted that the Applicant sought to exclude the strict restaurant condition before 21.00 and noted D13 of the SoLP. Also noted were that there were no objections from the police and that the EHO believed the operation would not add to CIZ.
5. The Committee took into account the compelling evidence from both Mr Brown and Mr Lord relating to noise and crime in the immediate vicinity, dispersal and the capacity of the premises. They also noted that there was a dispersal policy.
6. The Committee were persuaded that the conditions and planning restriction permitted the premises to only trade as a restaurant and the Applicant would have to comply with those requirements. They accepted that the bar was not a separate bar are and that the premises would not be used for vertical drinking.
7. As well as all other evidence, the Committee considered that the proposed condition from Mr Kaner was unenforceable, but parts of the proposed condition were important. Alternative conditions relating to the dispersal policy was therefore drafted and added to the premises licence.
8. The Committee, in its determination of the matter, concluded that the conditions it imposed on the licence were appropriate and proportionatehaving regard to the West End cumulative impact zone and the promotion of the licensing objectives.
9. Having carefully considered the committee papers, additional 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:
- To grant permission for:
· Late-Night Refreshment (Indoors)
Monday to Saturday 23:00 to 01:00 hours
Sunday 23:00 to 23.30 hours
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day
· The Sale of Alcohol (On and Off the Premises)
Monday to Saturday 10:00 to 01:00 hours
Sunday 12:00 to 23:30 hours
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day
- To grant permission for the premises to open to the Public
Monday to Saturday 08:00 to 01:00 hours
Sunday 08:00 to 23:30 hours
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day
- The new premises licence will be subject to any relevant mandatory conditions.
- The premises licence is subject to the following agreed conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed at the hearing.
9. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
a. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
b. 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.
c. All recordings shall be stored for a minimum period of 31 days with date and time stamping.
d. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 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 is 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. 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.
12. There shall be no sales of alcohol for consumption off the premises after 23.00.
13. The external tables and chairs shall only be used between 08:00 and 23:00 each day and be rendered unusable at 23:00.
14. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
15. 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.
16. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
17. No waste or recyclable materials including bottles shall be moved, removed from or placed in outside areas between 23:00 hours and 07:00 hours on the following day.
18. No collections of waste or recycling materials including bottles from the premises shall take place between 23:00 and 07:00 hours on the following day.
19. 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.
20. A Challenge 21 or Challenge 25 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.
21. 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. It must be completed within 24 hours of the incident and 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, searching equipment or scanning equipment
(g) any refusal of the sale of alcohol
(h) any visit by a relevant authority or emergency service
22. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.
23. Any alcohol supplied for consumption off the premises must be in a sealed container unless consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway.
24. No deliveries to the premises shall take place between 23:00 and 07:00 on the following day.
25. After 21:00 the premises shall only operate as a restaurant:
a. in which customers are shown to their table or the customer will select a table themselves,
b. where the supply of alcohol is by waiter or waitress service only,
c. which provides food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,
d. which does not provide any takeaway service of food or drink for immediate consumption off the premises,
e. where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
f. For the purpose of this condition ‘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 servicing the purposes of a table.
g. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
26. Before 21:00, alcohol shall only be sold to persons seated at the premises and served by waiter/waitress service and restricted to no more than 90 customers at any time, as specified.
27. 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.
28. 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. In any event the total capacity for the external area shall not exceed 116, nor shall the total capacity for the internal area exceed 315
29. No licensable activities shall take place at the premises until the premises has 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.
30. The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.
31. 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.
32. No licensable activities shall take place at the premises until premises licences 21/07023/LIPN and 21/07004/LIPN (or such other number subsequently issued for the premises) has been surrendered.
33. The premises shall have a Dispersal Policy and all relevant staff will be trained in its implementation. The Policy shall be reviewed every 6 months or earlier if the Premises Licence Holder becomes aware of an issue associated with dispersal.
34. A copy of the premises’ dispersal policy shall be made readily available at the premises for inspection by a police officer and/or an authorised officer of Westminster City Council.
35. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises when alcohol is being sold or supplied for consumption on the premises.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
14 July 2022
Supporting documents:
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Unit 1_Ilona Rose House_LSC report_Redacted, item 1.
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