Agenda item

Ground Floor 101 Charing Cross, London, WC2H 0DT (West End Ward/ West End Cumulative Impact Area) (“The Premises”) 18/06063/LIPN

1.

Late Night Refreshment (Indoors, outdoors or both): Both

Monday to Sunday: 23:00 to 05:00

Seasonal variations/Non-Standard Timings:

None

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The Sub-Committee considered an application by GSM Catering Limited, for a new premises licence in respect of Ground Floor 101 Charing Cross, London, WC2H 0DT.  The Presenting Officer provided an outline of the application to the Sub-Committee, the Applicant did not attend the hearing and this was noted by the Sub-Committee.  Mr Maurice St Aubyn the Agent for the Applicant advised the Sub-Committee that it had before them a new licence and the Applicant sought to provide late night refreshment, Monday to Sunday 07:00 to 05:00.  Mr St Aubyn advised that the Premises currently operates as sit in and take away Café, supplying hot food (fish and chips, kebabs and pizza) and drinks until 23:00 hours. 

Mr Aubyn advised that this was a family fun restaurant that had been open nearly 30 years serving the local community, the Premises is situated in the West End CIA (“CIA”) and is frequented by party goers.  Mr Aubyn advised that when the licence was granted in 1954 it was relevant to the area, however today they are requesting that they are allowed to continue selling hot meals after 23:00 hours to 05:00 hours.  Mr Aubyn also advised the Sub-Committee that the Premises does have an alcohol licence, but it had not been used and his client does not intend to use it; and all conditions proposed by the Police had been accepted.  The Sub-Committee were also advised that the Premises is currently undergoing refurbishment works.

Ms Caroline Cockshull, representing the Metropolitan Police (MP) advised the Sub-Committee that the MP would be maintaining its representation on  policy grounds given that the Premises is located in the CIA.

The Sub-Committee heard from Ms Sally Fabbricatore, representing Environmental Health (EH), whom also maintained its representation due to the Premises being located in the CIA.  Ms Fabbricatore confirmed that she had made a site visit to the Premises where she found the capacity quite small with approximately 50 covers. The Sub-Committee was informed, there is no customer WC, however the Premises has operated in this manner for the past 30 years, and that there is access if necessary, so it was felt that this was not a major concern.  Ms Fabbricatore advised that a licence history had been circulated, there was no other noise complaints to add to that list, just the unauthorised licensable activities.  Ms Fabbricatore also advised the Sub-Committee that new conditions had been proposed regarding noise nuisance and accepted by the Applicant, her only remaining concern was regarding dispersal of customers at 05:00 hours and what measures the Applicant was to put in place to overcome potential difficulties with dispersal that would promote the public nuisance licensing objective.

Ms Daisy Gadd, representing the Licensing Authority also maintained its representation based on policy FFP2 which is the WCC fast food policy.  Ms Gadd advised that the policy highlights the attraction and retention of persons within the CIA and how that might affect the dispersal within that area, as being a major concern.  Ms Gadd felt that in order for the Sub-Committee to grant the licence, “genuine exception” must be shown by the Applicant.

Mr David Kaner, representing the Covent Garden Community Association addressed the Sub-Committee, firstly responding to the Applicant’s representative Mr Aubyn, advising that the Premises is on the outskirts of the City Council’s CIA for the West End and on the other side of the road is the Camden CIA.  Mr Kaner then went on to raise concerns regarding the Premises operating without a licence and the licence that was refused in 2006.  Mr Mark Quinn, local resident who lives opposite the Premises, explained to the Sub-Committee that six months ago t he was woken up by noise from customers and music emanating from the Premises.  Mr Quinn explained that club goers visit the Café after the clubs finish.  Mr Kaner also raised policy concerns relating attracting and retaining customers in the CIA which will cause nuisance and harm the licensing objectives.

Mr Richard Brown CAB project Officer, representing local residents addressed the Sub-Committee advising that this was a busy area of Charing Cross Road.  The nature and type of this Premises late at night attracts people who have been drinking and referenced Club Salsa and other clubs within the immediate vicinity.  Mr Brown advised that the policy refers to attracting people who may cause nuisance, this might not been the fault of the Premises, nevertheless that is what tends to happen.  Mr Brown felt that it could not go unremarked that there have been ten incidences reported by EH and the MP, where the Premises was found selling hot food after 23:00 hours, late reported on the 21^st June 2018.

Ms Jane Doyle, from the Soho Society addressed the Sub-Committee raising concerns regarding the number of drug related incidents in the area.  Ms Doyle also raised concerns regarding the late hours contrary to policy within the CIA, the potential to attract crime and disorder and the serving of hot food after 23:00 would in her opinion only bring further public nuisance and crime and disorder in the area.

The Sub-Committee sought further clarification on the reported EH and MP incidences.  Ms Cockshull and Ms Fabbricatore provided the Sub-Committee with the details of the incidences which were circulated as part of the application pack.  Mr Aubyn addressed the Sub-Committee advising that none of these complaints had been reported.  The Sub-Committee confirmed that these were reported and were not isolated incidences.  In responding to Mr Aubyn, the Sub-Committee advised that in order to grant a licence it must to be satisfied that the licensee will uphold the promotion of the licensing objectives.

The Sub-Committee carefully considered all the evidence and decided not to grant the licence as no exception to the policy presumption was proven.  The Sub-Committee felt that the existing breaches and late operating hours would add to the CIA by failing to promote the licensing objectives.  The Sub-Committee was also disappointed that the Applicant did not attend the hearing personally to ask questions of the Sub-Committee given the problems identified by the Responsible Authorities and local residents.

Decision (including reasons if different from those set out in report):

The Sub-Committee did not grant this application (see reasons for decision in Section 1).

2.

Hours premises are open to the public

Monday to Sunday: 07:00 to 05:00

Seasonal variations/Non-Standard Timings:

None

Amendments to application advised at hearing:

None

Decision (including reasons if different from those set out in report):

The Sub-Committee did not grant this application (see reasons for decision in Section 1).