Agenda item
22 Great Chapel Street, London, W1F 8FR
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No |
Ward / Cumulative Impact Area |
Site Name and Address |
App Type |
Licensing Ref No. |
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2. |
West End Ward/ West End Cumulative Impact Area |
22 Great Chapel Street London W1F 8FR |
New Premises Licence |
19/04311/LIPN |
Minutes:
LICENSING SUB-COMMITTEE No. 1
Thursday 11th July 2019
Membership: Councillor Heather Acton (Chairman), Councillor Jim Glen and Councillor Aziz Toki
Legal Adviser: Barry Panto
Policy Adviser: Aaron Hardy
Committee Officer: Tristan Fieldsend
Presenting Officer: Michelle Steward
Relevant Representations: Licensing Authority and Environmental Health
Present: Mr Gary Grant (Counsel, representing the Applicant), Mr Andrew Wong (Solicitor, representing the Applicant), Mr Charlie Gilkes and Mr Duncan Stirling (Applicants), Mr Maxwell Koduah (Environmental Health) and Ms Karyn Abbot and Miss Daisy Gadd (Licensing Authority)
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22 Great Chapel Street, London, W1F 8FR (“The Premises”) 19/04311/LIPN
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1. |
Sale by Retail of Alcohol – On and Off Sales
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations / Non-Standard Timings:
All licensable activities 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.
On Sundays prior to bank holidays/public holidays 12:00 to 00:00.
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Amendments to application advised at hearing:
None.
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Decision (including reasons if different from those set out in report):
The Sub-Committee considered an application by Cake and Tea Ltd (“The Applicant”) for a new premises licence in respect of 22 Great Chapel Street, London, W1F 8FR.
The Licensing officer introduced the application and confirmed that the Metropolitan Police had withdrawn their representation following the agreement of conditions with the applicant.
Mr Grant, representing the applicant, advised the Sub-Committee that until its recent closure, there had been an alcohol-led licensed premises at 22 Great Chapel Street since 1790. The applicant was now seeking a way to try and reopen the venue as a member of the Inception Group. The Inception Group was a collection of establishments operating under the Mr Fogg’s theme. Mr Grant provided an overview of the history of the Premises and detailed how until recently it had operated as a gin bar on the ground floor with a restaurant and café located in the basement. The application before the Sub-Committee was proposing for it to continue primarily as an alcohol led establishment. Network Rail had been working directly opposite the Premises on the Crossrail development for several years and Mr Grant advised that it was this disturbance which had effectively led to the closure of the business. The Sub-Committee was informed that the current landlord had expressed approval for the Inception Group operating the Premises. One of the main reasons for this approval was Mr Fogg’s expertise in gin which was welcomed as the Premises had formerly traded as the London Gin Club. If the Sub-Committee was minded to grant the licence the applicant would redesign the Premises in the style of its other Mr Fogg’s establishments.
Mr Grant explained that the hours applied for were consistent with the other Mr Fogg’s premises and were only a slight extension on what was currently permitted. The hours for the sale by retail of alcohol were within core hours, however an additional 30 minutes to allow the Premises to open was requested to assist with dispersal. It was Mr Grant’s position that the application was effectively a variation of the current licence within core hours. These variations were generally granted under section CIP1 of the Council’s Licensing Policy, although it was acknowledged that the terminal hour was 30 minutes beyond core hours. In order to mitigate this additional time in a Cumulative Impact Area (CIA) a wide range of modern conditions would be attached to the licence that exerted a far greater degree of control over the licence then what was currently permitted. If the Sub-Committee granted the application the current licence would be surrendered with the agreement of the landlord. It was suggested by Mr Grant that the proposed licence would provide an improvement in the CIA. This would be achieved through reducing the hours for recorded music from an unrestricted basis to core hours in conjunction with surrendering the current provision for private entertainment. Mr Grant then provided a detailed overview of the proposed conditions which it was suggested would mitigate any impact of the slight extension in hours sought. These conditions included:
Mr Grant also confirmed that conditions had been agreed with Environmental Health (EH) and this included prohibiting any sales of hot food or hot drink for consumption off the Premises after 23:00 hours. EH’s proposed capacity condition was noted but Mr Grant suggested it be amended so that the number of persons permitted in the basement at any one time (excluding staff) should not exceed 60 persons subject to a lower figure set by EH. Currently there was no capacity limit imposed on the Premises.
The Sub-Committee was informed by Mr Grant that it was sought to open the Premises from 07:00 hours in order to cater for corporate breakfasts. Alcohol would not be available until 10:00 hours and this was in line with the other Mr Fogg’s premises. The various awards given to the Inception Group were detailed. It was expected that the proposals would benefit the area and were simply trying to attract the post-theatre crowd in the evening. The application would provide a more modern licence with more restrictive conditions in place than what was currently permitted. The hours for sale by retail of alcohol were within core hours and this would all mitigate the additional 30-minute opening hour sought, which would assist with dispersal, in a cumulative impact area. In response to a question from the Sub-Committee regarding corporate breakfasts the applicant confirmed that the opening hour on Sundays could be amended to 10:00 hours. It was also confirmed by the applicant that the provision for late night refreshment off the Premises would be withdrawn.
Mr Koduah, representing Environmental Health, explained that a series of proposed conditions had been agreed with the applicant. Currently, the only point of departure related to the capacity of the basement. The applicant had suggested imposing a maximum capacity of 60 persons in the basement, excluding staff. EH was not yet in a position to determine the capacity and therefore it was suggested that any specific number should not be imposed. A possible duplication of conditions regarding waiter/waitress service was also highlighted and Mr Grant advised that proposed condition 37 could be deleted accordingly. Overall, EH advised that aside from the capacity condition the Premises was not considered a cause for concern and was content with the application.
Ms Abbot, representing the Licensing Authority, confirmed that the Premises was located in a CIA and as it was proposing to operate as a restaurant/bar had to be considered under policy PB2. It was recognised that the hours requested for licensable activities were within core hours and the application therefore had to be judged on its merits. The applicant had to demonstrate that the operation of the Premises would not add to cumulative impact in the CIA. The Sub-Committee had to be satisfied that exceptional circumstances had been demonstrated to allow a departure from policy.
In response to EH’s concern over the capacity condition Mr Grant advised that the applicant’s proposed condition was more restrictive than what was proposed by EH. What the applicant was suggesting was that the capacity of the basement would be limited to a maximum of 60 persons or a lower figure as determined by EH.
The Sub-Committee was interested to learn how it was proposed to ensure there was adequate control over the external area as there was concern over the impact of people stood outside drinking. The applicant explained that they very carefully controlled any external drinking at their other premises’ through the implementation of appropriate operating procedures and the employment of SIA and street marshal staff. In the future it was expected that an application for an external tables and chairs licence at the Premises would be submitted. Mr Grant advised that there currently was no restriction in place regarding customers drinking outside. It had always historically occurred at the Premises and this was not something the applicant wished to restrict, but to provide reassurance this could be limited to 23:00 hours if considered necessary. Operationally, the external area would be conditioned so that there was a requirement for SIA staff to be on duty on Friday and Saturday evenings from 21:00 hours. Street marshals would also be employed to control the external area and the applicant was content for this to be conditioned accordingly. The applicant advised that at their other establishments regular contact was maintained with local residents and businesses in order to ensure there was no issues with outside drinking. Their commitments to the local area were taken very seriously. Mr Grant offered another additional condition which would require the implementation of an outdoor management policy in consultation with EH and the Licensing Authority.
After careful consideration the Sub-Committee agreed to grant the application. The application would ensure there was a far greater degree of control over the Premises through the implementation of more appropriate and restrictive conditions. The Sub-Committee also welcomed that the applicant had agreed to restrict the provision of late-night refreshment to inside the Premises with the unrestricted recorded music element of the licence being withdrawn. To provide further protection on Sundays the applicant’s agreement to reduce the opening hours on Sundays to 10:00 was also noted. The applicant was recognised as a responsible operator who was very experienced in ensuring their establishments were suitable for the areas they were located in and worked well within local communities.
Concern had been raised over any potential nuisance caused by customers drinking in external areas. However, a condition requiring an SIA door supervisor to be on duty Thursday, Friday and Saturday from 20:00 until 30 minutes after the last customer had left the Premises was welcomed. In addition, the Sub-Committee was also pleased that a condition had been agreed with the applicant for street marshals to be present to control the external area on Friday and Saturday evenings. In conjunction with a requirement that an outdoor management policy be introduced within a reasonable time in consultation with EH and the Licensing Authority and the applicant’s agreement to restrict the use of the external area to 23:00, the Sub-Committee considered there were sufficient controls in place to ensure that the use of the outside area would be managed appropriately and not become a source of disturbance. A slight extension in hours to core hours for licensable activities had been requested, with an additional 30 minutes permitted for the opening hours. The Sub-Committee carefully considered this extension but was of the opinion that the additional controls to be imposed on the licence and the inclusion of modernised conditions would mitigate any potential impact it may have. The Sub-Committee noted the discussions that had taken place in regard to imposing a capacity limit on the Premises and deemed that limiting the basement area to 60 persons, excluding staff, subject to any lower figure imposed by EH was appropriate and proportionate in the circumstances. It was also noted that EH would determine an appropriate capacity for the ground floor of the premises which would continue to operate as a gin bar. Bearing in mind that there was no existing capacity for the gin bar and that a significant number of additional conditions had also been agreed for inclusion on the licence, it was considered that the ability to keep the premises open for 30 minutes beyond core hours would not have an overall impact of adding to cumulative impact in the area.
Therefore, even though the Premises was located within a CIA, the operator was considered very experienced and with the proposed conditions agreed restrictive enough to ensure that the Premises would not add to cumulative impact in the CIA. Bearing in mind the history of the Premises the Sub-Committee was of the opinion that the application was suitable for the local area and would promote the licensing objectives. The Sub-Committee therefore granted the application accordingly.
The Sub-Committee wished the applicant well in operating such an historic Premises, especially considering the extensive nearby works being undertaken in relation to the Crossrail Development. It was also suggested that the applicant contact the Council regarding how it could benefit through the local Business Improvement District (BID).
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2. |
Late Night Refreshment – Indoors and Outdoors
Monday to Thursday: 23:00 to 23:30 Friday to Saturday: 23:00 to 00:00
Seasonal Variations / Non-Standard Timings:
All licensable activities 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.
On Sundays prior to bank holidays/public holidays 12:00 to 00:00.
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Amendments to application advised at hearing:
The applicant advised the Sub-Committee that a condition had been agreed with Environmental Health that there would be no late-night refreshment provision off the Premises.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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3. |
Recorded Music – Indoors and Outdoors
Monday to Thursday: 10:00 to 23:30 Friday to Saturday: 10:00 to 00:00 Sunday: 12:00 to 22:30
Seasonal Variations / Non-Standard Timings:
All licensable activities 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.
On Sundays prior to bank holidays/public holidays 12:00 to 00:00.
Private Entertainment consisting of dancing, music or other entertainment of a like kind for consideration and with a view to profit – Unrestricted.
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Amendments to application advised at hearing:
It was confirmed by the applicant that recorded music would only take place inside the Premises. The request for unrestricted private entertainment was completely removed from the application.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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4. |
Hours Premises are Open to the Public
Monday to Thursday: 07:00 to 00:00 Friday to Saturday: 07:00 to 00:30 Sunday: 07:00 to 23:00
Seasonal Variations / Non-Standard Timings:
All licensable activities 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.
On Sundays prior to bank holidays/public holidays 10:00 to 00:30.
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Amendments to application advised at hearing:
The applicant advised that the opening hour on Sundays would be amended to 10:00 hours.
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Decision (including reasons if different from those set out in report):
The Sub-Committee granted the application (see reasons for decision in Section 1).
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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.
Conditions consistent with the operating schedule
10. Substantial 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.
11. The supply of alcohol throughout the premises shall be by waiter/waitress service only.
12. During the hours of operation, 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.
13. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.
14. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before collection times.
15. Loudspeakers shall not be located in the entrance lobby or outside the premise building.
16. 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.
17. 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.
18. A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental health Services and access shall only be by persons authorised by the Premises Licence Holder. The limiter shall not be altered without prior agreement with the Environmental health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised officer of the Environmental health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.
19. No fumes, steam or odours shall be emitted from the licenced premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
20. 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 preceding 31 day period.
21. A staff member from the premises who is conversant with the operation of the CCTV shall be on the premises at all times when the premises are 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.
22. 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) 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 (g) any refusal of the sale of alcohol (h) any visit by a relevant authority or emergency service
23. There shall be no striptease or nudity and all persons shall be decently attired at all times unless the premises are operating under the provisions of a Sexual Entertainment Licence.
24. A challenge 21 proof of age scheme shall be operated at the premise 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.
25. 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.
26. 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.
27. All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means.
28. All emergency doors shall be maintained effectively self-closing and not held open other than by an approved device.
29. The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.
30. Curtains and hangings shall be arranged so as not to obstruct emergency safety signs or emergency equipment.
31. 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.
32. Before the premises open to the public, the plans as deposited will be checked by the Environmental health Consultation Team to ensure they are an accurate reflection of the premises constructed. Where there are minor changes to the premises layout during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.
33. At least 1 SIA licensed door supervisor shall be on duty at the premises on Thursday, Friday and Saturday from 20:00 hours until 30 minutes after the last member of the public has left. Additional security will be provided on a risk assessed basis.
34. There shall be no sales of alcohol for consumption off the premises after 23.00.
35. In the basement of the premises the supply of alcohol shall only be to a persons taking a table meal there and for consumption by such a person as ancillary to their meal.
36. There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours
37. No licensable activities shall take place at the premises until the capacity of the basement 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 maximum capacity in the basement shall not exceed 60 persons (excluding staff).
38. Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them after 23:00 hours.
39. 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
40. No deliveries to the premises shall take place between 23.00 hours and 08.00 hours on the following day
41. No licensable activities shall take place at the premises until premises licence 19/01244/LIPVM has been surrendered and is incapable of resurrection.
42. On Friday and Saturday from 21:00 hours there shall be a street marshal to control the outside area of the premises, in addition to any SIA provision referred to in condition 33.
43. The premises licence holder shall prepare an outdoor management policy in consultation with Environmental Health, the Police and the Licensing Authority.
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Supporting documents:
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Great Chapel Street - LSC Report, item 2.
PDF 2 MB -
2.1 APPLICANT FURTHER SUBMISSIONS - FINAL VX1, item 2.
PDF 10 MB
- 2.2. Email 1904311LIPN - 22 Great Chapel Street London - Without Prejudice, item 2. HTM 272 KB