Agenda item
The George, 55 Great Portland Street, W1
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App No |
Ward/ Cumulative Impact Area |
Site Name and Address |
Application |
Licensing Reference Number |
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4. |
West End Ward / not in cumulative impact area |
The George, 55 Great Portland Street, W1 |
New Premises Licence |
17/02755/LIPN
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Minutes:
LICENSING SUB-COMMITTEE No. 1
Friday 16th June 2017
Membership: Councillor Angela Harvey (Chairman), Councillor Tim Mitchell and Councillor Murad Gassanly
Legal Adviser: Barry Panto
Policy Adviser: Chris Wroe
Committee Officer: Jonathan Deacon
Presenting Officer: Yolanda Wade
Relevant Representations: 1 amenity society.
Present: Mr Craig Baylis (Solicitor, Representing the Applicant), Ms Katerina Mercury (Retail Asset Manager, the Crown Estate), Mr Richard Brown (Solicitor, Citizens Advice Bureau Licensing Advice Project, representing Mr Rees) and Mr Linus Rees (Fitzrovia Neighbourhood Association).
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The George, 55 Great Portland Street, W1 17/02755/LIPN
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1. |
Late Night Refreshment (Indoors) |
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Monday to Wednesday 23:00 to 23:30 Thursday 23.00 to midnight Friday to Saturday 23:00 to 01:00
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Applicant, the Crown Estate, held an existing premises licence which enabled the ground floor to be operated as a pub. The hours permitted for the ground floor premises licence in respect of late night refreshment were Monday to Wednesday 23:00 to 23:30, Thursday 23.00 to midnight and Friday to Saturday 23:00 to 01.00 on the following day. In respect of sale by retail of alcohol, the permitted hours for the existing licence were Monday to Wednesday 11:00 to 23:00, Thursday 11.00 to 23.30, Friday to Saturday 11:00 to midnight, Sunday midday to 22:30 and Sundays before Bank Holidays midday to 23:00. The hours the premises are open to the public on the ground floor were Monday to Wednesday 11:00 to 23:30, Thursday to Saturday 11:00 to midnight and Sunday midday to 23:00.
The Crown Estate had applied for a new premises licence which included a restaurant on the first floor in addition to the bar on the ground floor. The hours sought for the sale of alcohol on the ground floor were greater than the current hours on the existing licence for the ground floor. Mr Baylis, representing the Applicant, referred to the fact that the proposed hours for the first floor restaurant were in keeping with the Council’s Core Hours policy. He advised that the remainder of the building would be let out as three residential properties. The Sub-Committee noted that the Applicant was offering to surrender the existing premises licence if the new one was granted.
Mr Baylis and Ms Mercury explained that the Crown Estate was speaking to a number of potential tenants about operating the premises. There would be the same tenant operating both the pub and the restaurant. The Applicant was requesting a terminal hour of 01:00 for on sales of alcohol at the pub on a Friday and Saturday as it would make the application more financially attractive to a prospective tenant. The Crown Estate was keen that the tenant was able to provide good food and was part of the community. The tenant would need to respect the local neighbourhood. The Crown Estate owned flats not only above the premises but along Great Portland Street.
Mr Baylis informed the Sub-Committee that in response to the concerns of the Fitzrovia Neighbourhood Association regarding the outside area set out in their written representation, he was offering an amendment to a condition that he had agreed with Environmental Health. This was that in addition to any patrons drinking outside the premises being required to do so in an orderly fashion and being supervised by staff, they would also be required to be seated at tables and chairs. His client was also willing to limit the number of tables and chairs outside.
Mr Baylis stated that the Applicant had agreed a condition with the Police that a minimum of 1 SIA licensed door supervisor would be on duty at the premises from 21:00 hours until closing time on Friday and Saturday. An offer made by Mr Baylis was that the Applicant would accept a condition that there would be no new entries of patrons after 23:00 if a terminal hour of 01:00 for on sales of alcohol was granted for the ground floor pub.
Mr Brown, representing Mr Rees, confirmed that some of the issues for Fitzrovia Neighbourhood Association in respect of the outside area had been resolved. Mr Rees, addressing the Sub-Committee said that he was pleased that the local pub was being brought back into use. He also welcomed the Applicant’s proposed conditions which would have the effect that patrons would not block the pavement, including the requirement for them to be seated when consuming alcohol. He made the point however that the pub had previously operated within Core Hours and that he was requesting on behalf of Fitzrovia Neighbourhood Association that the terminal hour for on sales on Fridays and Saturdays continued to be midnight. This was due to concerns that residents nearby were likely to be affected by the dispersal of patrons from the pub at 01:00. In the event that the Sub-Committee was minded to grant 01:00, he was keen that there was a condition attached to the licence that there were no new entries of patrons after 23:00.
Mr Brown recommended that the conditions reflect the fact that the outside area was included on the plans as part of the premises. He also commented that the terminal hour on Friday and Saturday was significantly beyond Core Hours. 01:00 was after the regular buses had stopped running. Noise was he believed a natural consequence of dispersal of patrons from the pub and this was likely to cause nuisance at 01:00. There was the potential for customers to migrate from the first floor to the ground floor at midnight.
Mr Baylis was given the opportunity to respond to the points made by Mr Rees and Mr Brown. He stated that the focus of the revamped premises would be food. If there was a no new entry condition after 23:00 the bar on the ground floor would effectively become a post dinner bar. Customers would dine, have a drink and then disperse.
Mr Wroe asked Mr Baylis whether a capacity had been agreed for the first floor. He replied that no capacity figure had been agreed at this stage. Once an operator was in place, the licence would be transferred and Environmental Health and Mr Lynagh would then assess the capacity.
The Sub-Committee welcomed the communication between the Crown Estate and Fitzrovia Neighbourhood Association and noted that many of the latter’s concerns had been addressed by the Applicant. There was however one main point of difference between the two parties and that was the terminal hour for the ground floor pub/bar. The Sub-Committee shared the concerns of the Association that if patrons were able to consume alcohol in the bar until 01:00 on Friday and Saturday nights there was the clear potential that they would create some noise which would constitute a nuisance at that late hour. The SIA licensed door supervisor could potentially be influential in reducing any noise in the immediate vicinity of the premises as patrons left but would not be able to have an influence as the patrons dispersed from the premises.
The Sub-Committee noted that Core Hours on the ground floor (with a terminal hour of midnight on Friday and Saturday nights) was still a later terminal hour on Monday to Wednesday evenings than what had been permitted for the existing ground floor premises licence. The Sub-Committee also granted Core Hours for the first floor restaurant which the Applicant had applied for and the seasonal variation for New Year’s Eve from closing time until start time on New Year’s Day.
The Sub-Committee attached a condition to the premises licence which ensured that patrons were seated in the event they consumed alcohol outside the premises. The Sub-Committee also amended conditions to reflect that the outside area was part of the premises as requested by Mr Brown. The Sub-Committee replaced a condition proposed by the Police for the first floor restaurant which required alcohol to be ancillary to a table meal and served by waiter or waitress to seated customers with the Council’s model restaurant condition, MC66. A condition was attached to the premises licence reflecting that the existing premises licence was being surrendered. The Sub-Committee did not attach a condition to the licence which specified a last entry time of 23:00 as Mr Baylis had only offered this in the event that a terminal hour of 01:00 was granted for the ground floor pub/bar on Friday and Saturday nights.
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2. |
Sale by retail of alcohol (On) – Ground Floor |
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Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 01:00 Sunday 12:00 to 22:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted Core Hours (the hours applied for Monday to Thursday and on Sunday were granted but a terminal hour of midnight was granted Friday and Saturday).
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3. |
Sale by retail of alcohol (On) – First Floor |
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Monday to Thursday 10:00 to 23:30 Friday to Saturday 10:00 to 00:00 Sunday 12:00 to 22:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below. The Sub-Committee granted the hours applied for on the first floor as these were core hours and the area would be subject to the Council’s model restaurant condition.
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4. |
Hours premises are open to the public |
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Monday to Thursday 07:30 to 23:30 Friday to Saturday 07:30 to 01:00 Sunday 11:00 to 22:30
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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The Sub-Committee granted the opening hours with the exception of the closing time on Friday and Saturday. The closing time on Friday and Saturday of midnight was in keeping with the Council’s Core Hours policy. The closing time applied for Monday to Thursday and Sunday were in keeping with the Council’s Core Hours policy.
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5. |
Seasonal variations / Non-standard timings |
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Late Night Refreshment (Indoors), Sale by retail of alcohol (On) – Ground Floor, Sale by retail of alcohol (On) - First Floor and hours premises are open to the public
New Year’s Eve from closing time until start time on New Year’s Day.
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Amendments to application advised at hearing: |
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None.
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Decision (including reasons if different from those set out in report): |
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Granted, subject to conditions as set out below.
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Conditions attached to the Licence |
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Mandatory Conditions
1. No supply of alcohol may be made at a time when there is no designated premises supervisor in respect of this licence.
2. No supply of alcohol may be made at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended.
3. Every supply of alcohol under this licence must be made or authorised by a person who holds a personal licence.
4. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to;
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or (ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
6. (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either— (a) a holographic mark, or (b) an ultraviolet feature.
7. The responsible person must ensure that— (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures— (i) beer or cider: ½ pint; (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and (iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
A responsible person in relation to a licensed premises means the holder of the premise licence in respect of the premises, the designated premises supervisor (if any) or any individual aged 18 or over who is authorised by either the licence holder or designated premises supervisor. For premises with a club premises certificate, any member or officer of the club present on the premises in a capacity that which enables him to prevent the supply of alcohol.
8(i) A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
8(ii) For the purposes of the condition set out in paragraph 8(i) above -
(a) "duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;
(b) "permitted price" is the price found by applying the formula -
P = D+(DxV)
Where -
(i) P is the permitted price, (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence, (ii) the designated premises supervisor (if any) in respect of such a licence, or (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) "value added tax" means value added tax charged in accordance with the Value Added Tax Act 1994.
8(iii). Where the permitted price given by Paragraph 8(ii)(b) above would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.
8(iv). (1) Sub-paragraph 8(iv)(2) below applies where the permitted price given by Paragraph 8(ii)(b) above on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax. (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.
9. All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.
Additional Conditions
10. 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.
11. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.
12. 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.
13. All outside tables and chairs shall be removed or rendered unusable by 23.00 hours each day.
14. Loudspeakers shall not be located in the entrance lobby or outside the premises building.
15. 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.
16. The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises building:
a) shall be seated. b) do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
17. During the hours of operation of the premises, the licence holder shall 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 this 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.
18. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
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.
20. 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.
21. 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.
22. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
23. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
24. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
25. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
26. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.
27. No deliveries to the premises shall take place between 23.00 hours and 07.00 hours on the following day.
28. No licensable activities shall take place at the premises until the premises have 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.
29. 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 authorised officer throughout the entire 31 day period.
30. 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.
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. 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) any faults in the CCTV system (f) any refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service.
33. Food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises.
34. After 2300 Patrons permitted to temporarily leave and then re-enter the premises building, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
35. The premises shall only operate as a restaurant on the first floor (i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only, (iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery, (iv) which do not provide any take away service of food or drink for immediate consumption, (v) which do not provide any take away service of food or drink after 23.00, and (vi) 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.
Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.
36. A minimum of 1 SIA licensed door supervisor shall be on duty at the premises from 2100 hours until close on Friday and Saturday.
37. No licensable activities shall take place at the premises until premises licence 16/07454/LIPT (or such other number subsequently issued for the premises) has been surrendered.
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Supporting documents:
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