Agenda item
29a St John's Wood High Street, NW8 7NJ
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 2
(“The Committee”)
Thursday 14 July 2022
Membership: Councillor Iman 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: Mr Alun Thomas (Solicitor for the Applicant)
Application for a variation of a Premises Licence in respect of
29A St John's Wood High Street London NW8 7NJ
– 22/03569/LIPN
Full Decision
Premises
29A St John's Wood High Street
London
NW8 7NJ
Applicant
Stradawood Limited
Ward
Regent’s Park
Cumulative Impact Area
N/A
Special Consideration Zone
N/A
Activities and Hours
The Premises Licence application requests the following Activities and Hours
· Recorded music (Indoors)
Mondays to Saturdays 11.00 to 00.30
Sundays 12.00 to 00.00
· Late Night Refreshment (Indoors)
Mondays to Saturdays 23.00 to 00.30
Sundays 12.00 to 00.00
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
· Sale of alcohol for consumption on the premises (Indoors)
Mondays to Saturdays 11.00 to 00.00
Mondays to Saturdays 11.00 to 23.00 (Forecourt only)
Sundays 12.00 to 23.30
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day (11.00 to 23.00 Forecourt only).
· Hours Open to the Public
(Mondays to Saturdays 09.00 to 01.00
Sundays 09.00 to 00.30
From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
Representations Received
· One Local Resident
The local resident requested additional details to how the Landlord will ensure noise nuisance is kept to a minimum in the evening.
Summary of the Application
This is an application for a new shadow Premises Licence under the Licensing Act 2003 (“The Act”). The premises operates as a restaurant. The application has been submitted by the freeholder seeking a premises licence on the same terms, plans and conditions as 21/04316/LIPT. There is a resident court of 286. The matter will be assessed on its individual merits having regard to the evidence before the LSC and the promotion of the licensing objectives.
Policy Considerations
HRS1
· A. Applications within the core hours set out below in this policy will generally be granted for the relevant premises uses, subject to not being contrary to other policies in the Statement of Licensing Policy.
· B. 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.
2. Whether there is residential accommodation in the proximity of the premises that would likely be adversely affected by premises being open or carrying out operations at the hours proposed.
3. The proposed hours of the licensable activities and when customers will be permitted to remain on the premises
4. The hours when customers will be allowed to take food or drink outside the premises or be within open areas which form part of the premises.
5. The existing hours of licensable activities and the past operation of the premises (if any) and hours of licensable premises in the vicinity.
6. Whether customers and staff have adequate access to public transport when arriving at and leaving the premises, especially at night.
7. The capacity of the premises.
8. The type of use, recognising that some venues are more likely to impact the licensing objectives than others; for example, pubs and bars are higher risk than theatres, cinemas and other cultural and sporting venues due to the nature of the operation.
9. The Licensing Authority will take into account the active measures proposed for a ‘winding down’ period including arrangements for people to be collected from the premises to travel home safely.
C. For the purpose of Clauses A and B above, the Core Hours for applications for each premises use type as defined within this policy are:
Restaurants
Monday to Thursday: 9am to 11.30pm.
Friday and Saturday: 9am to 12am.
Sunday: 9am to 10.30pm. Sundays immediately prior to a bank holiday: 9am to 12am.
D. Core hours are when customers are permitted to be on the premises and therefore the maximum opening hours permitted will be to the same start and terminal hours for each of the days where licensable activity is permitted.
RNT1
· B. Applications inside the West End Cumulative Impact Zone will generally be granted subject to:
1. The application meeting the requirements of policies CD1, PS1, PN1 and CH1.
2. The hours for licensable activities are within the council’s Core Hours Policy HRS1.
3. 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.
4. The applicant has demonstrated that they will not add to cumulative impact within the Cumulative Impact Zone.
5. The application and operation of the venue meeting the definition of a restaurant as per Clause C.
· C. For the purposes of this policy a restaurant is defined as:
1. A premises in which customers are shown to their table or the customer will select a table themselves to which food is either served to them or they have collected themselves.
2. Which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at a table.
3. Which do not provide any takeaway service of food and/or drink for immediate consumption, except if provided via an ancillary delivery service to customers at their residential or workplace address.
4. Where alcohol shall not be sold, supplied, or consumed on the premises otherwise than to persons who are bona fide taking substantial table meals and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.
5. The sale and consumption of alcohol prior to such meals may be in a bar area but must also be ancillary to the taking of such meal.
SUBMISSIONS AND REASONS
The Presenting Officer, Mr Kevin Jackaman, introduced the application. He advised that the Applicant seeks a Shadow Licence to be held by the freeholder of Stradawood Limited on the same terms as the existing licence 21/04316/LIPT. He advised that one representation had been received from a local resident. He confirmed that no representations had been received by any of the Responsible Authorities. He outlined that the Premises is within the Regent’s Park Ward and is not within a Cumulative Impact Area or a Special Consideration Zone.
Mr Thomas (representing the Applicant) addressed the Sub-Committee. He advised that a shadow Premises Licence was granted on the same terms as the original operating Premises Licence to the superior lessee or freeholder. They were common when the operating Premises Licence was of commercial value as they lessened the impact of the operating premises licence permanently lapsing due to insolvency as the shadow Premises Licence could be transferred to a new tenant in such circumstances. He explained that the Applicant had written to the resident who had made a representation against the application but had not received a response.
Mr Burnett, Legal Advisor to the Sub Committee and Mr Thomas then briefly discussed the wording to a proposed condition regarding when the Shadow Licence should take effect and agreed that the following condition should be added to the Premises Licence:
‘This Premises Licence shall have no effect until Premises Licence No. 12/09784/LIPT or such other premises licence number subsequently issued for the premises, lapses, is 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 Metropolitan Police, Environmental Health Service and the Licensing Authority had not made representations against the application.
The Sub-Committee in light of the evidence before it and the arguments considered Paragraph D20 on page 49 of the SoLP 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 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 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 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 Committee further considered the conditions proposed were proportionate to ensure that the licence promoted the licensing objectives.
The Committee arrived at this decision based upon the merits of the application that will uphold the promotion of the licensing objectives.
In reaching its decision, the Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and proportionate and would promote the licencing objective.
Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Committee has decided to Grant the Application, after taking into account all the individual circumstances of this case and the promotion of the four licensing objectives
1. To grant permission for:
· Recorded music (Indoors)
Mondays to Saturdays 11.00 to 00.30
Sundays 12.00 to 00.00
· Late Night Refreshment (Indoors)
Mondays to Saturdays 23.00 to 00.30
Sundays 23.00 to 00.00
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day
· Sale of alcohol for consumption on the premises (on sales)
Mondays to Saturdays 11.00 to 00.00
Mondays to Saturdays 11.00 to 23.00 (Forecourt only)
Sundays 12.00 to 23.30
From the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day. Mondays to Saturdays 11.00 to 23.00 (Forecourt only)
2. To grant permission for the premises to open to the Public
Mondays to Saturdays 09.00 to 01.00
Sundays 09.00 to 00.30
Seasonal variations: From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day
3. The new premises licence will be subject to any relevant mandatory conditions.
4. The new premises licence is subject to the following considered and agreed 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:-
9. 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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.
10. 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) any complaints received regarding crime and disorder
(c) any incidents of disorder
(d) any faults in the CCTV system
(e) any refusal of the sale of alcohol
(f) any visit by a relevant authority or emergency service.
11. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.
12. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.
13. 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.
14. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
15. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking substantial table meals there and for consumption by such a person as ancillary to their meal".
16. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available with or otherwise as ancillary to meals served in the licensed premises.
17. The service of intoxicating liquor on the forecourt area shall be by waiter/waitress service only.
18. No off sales are permitted.
19. No draught beer to be sold.
16. No raw fresh food shall be cooked on this part of the premises known as 29 St Johns Wood High Street.
17. For the provision of Late-Night Refreshment the premises may remain open on New Year's Eve from 23:00 to the start of licensable activities on New Year’s Day.
18. All furniture in the Forecourt area is to be removed from the highway no later than 23:00 hours daily.
19. Deliveries, collections and operational servicing are to be carried out between 07:00 and 19:00 hours.
20. This Premises Licence shall have no effect until Premises Licence No. 12/09784/LIPT or such other premises licence number, subsequently issued for the premises, lapses, is surrendered or revoked.
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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29A St John's Wood High Street report_Redacted, item 4.
PDF 1 MB - Restricted enclosure View the reasons why document 4./2 is restricted
- Restricted enclosure View the reasons why document 4./3 is restricted