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Agenda item

Ground and First Floor, 21 Slingsby Place, London, WC2E 9AB

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

3.

St James’s Ward/ West End Cumulative Impact Area

Ground and First Floor

21 Slingsby Place

London

WC2E 9AB

New Premises

License

19/06362/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 2

Thursday 1st August 2019

 

Membership:           Councillor Murad Gassanly (Chairman), Councillor Peter Freeman and Councillor Rita Begum

 

                                Councillor Murad Gassanly was substituting as Chairman for this meeting in place of Councillor Tim Mitchell

 

Legal Adviser:         Barry Panto

Committee Officer:  Tristan Fieldsend

Presenting Officer:  Michelle Steward

 

Relevant Representations:    Licensing Authority, Environmental Health and the Covent Garden Community Association

 

Present: Mr Alun Thomas (Solicitor, representing the Applicant), Mrs Jane Moscrop (CBRE on behalf of Applicant Company), Mr Anil Drayan (Environmental Health) and Ms Angela Seaward (Licensing Authority)

 

21 Slingsby Place, Ground and First Floor, London, WC2E 9AB

(“The Premises”)

19/06362/LIPN

 

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:

 

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 12:00 – 00:00.

 

 

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 Longmartin Properties Ltd (“The Applicant”) for a new premises licence in respect of 21 Slingsby Place, Ground Floor and Basement, London, WC2E 9AB.

 

The Licensing officer introduced the application.

 

Mr Thomas, representing the applicant, provided the Sub-Committee with an overview of where the Premises was located. The development it was situated on had been open for 10 years and within it was contained several existing restaurants and licensed premises. The Sub-Committee had before it applications for 3 premises which had been created by combining 2 retail units with an existing A3 unit and then re-dividing them. The result would be 3 restaurants, 2 of which were at the ground and first floor levels (21 and 23 Slingsby Place) and one (19 Slingsby Place) at ground and basement levels. Planning permission had been granted to permit the changes 6 months previously and the applications before the Sub-Committee were aligned with that permission. Mr Thomas recognised that the main concern raised over the applications related to the proposed ancillary bar use at the restaurants. To mitigate these concerns the applicant proposed to surrender the licence of the Sussex Public House. This pub was licensed to core hours, had limited conditions on the licence and permitted vertical drinking over 2 floors. If the Sub-Committee was minded to grant the application a condition would be imposed requiring this licence to be surrendered. The Council’s Legal Adviser advised the Sub-Committee that the Sussex was no longer in operation and requested information from the applicant on what value surrendering the licence would have on the Cumulative Impact Area (CIA). In response Mr Thomas highlighted the ‘Cheers Bar & Grill’ case which dealt with issues surrounding moving a licence from one location to another. The Sub-Committee was advised that the same issues did not apply for this application as the Sussex building still existed, unlike the building in the ‘Cheers Bar & Grill’ case, with planning permission granted to redevelop the unit into a retail unit. Some of the works had already been undertaken at the Sussex with no provision for it to operate as a restaurant or bar. If the applicant wanted to, which they did not, they could revert the Sussex building back into a pub. The biggest difference between this application and the ‘Cheers Bar & Grill’ case was that this application was not seeking to introduce any licensable activities back into the Sussex.

 

Mr Thomas referred to paragraph 2.4.6 of the Council’s Statement of Licensing Policy where it discussed examples of circumstances where exceptions to policy could be granted in a CIA. Mr Thomas advised that the applicant had made a conscious effort to change the use of the Sussex and if this had not been done it would likely to have continued to operate as a vertical drinking establishment. Paragraph 2.4.5 looked at the global and cumulative effects of licences on the area as a whole. In this case a licence for a large pub, which had no capacity and limited conditions, would be surrendered in exchange for 3 restaurants. The Sussex had an external tables and chairs licence which permitted 64 seats in addition to approximately 100 people standing outside drinking when the weather was fine. Overall the capacity would be in excess of 200 and therefore it was suggested that the removal of this licence and the granting of the three applications before the Sub-Committee would significantly reduce cumulative impact in the local area.

 

The Sub-Committee was provided with an overview of how the 3 units would be located within Slingsby Place. Subject to an Environmental Health assessment the maximum capacities of the units including the use of external areas were detailed as follows:

 

  • 19 Slingsby Place – 150
  • 21 Slingsby Place – 150
  • 23 Slingsby Place – 200

 

The use of ancillary bar areas for the 3 units was proposed with the following capacities:

 

  • 19 Slingsby Place – 20
  • 21 Slingsby Place – 20
  • 23 Slingsby Place – 25

 

Therefore, the maximum capacity for the ancillary bar areas across all 3 units was 65 which was 12% of total capacity. This was equivalent to the 64 external seats permitted for consuming alcohol at the Sussex.

 

In response to a question from Environmental Health (EH) Mr Thomas explained that there were two types of external areas at the units consisting of the terrace and the courtyard. Unit 19 had no external seating area currently proposed but planning permission for tables and chairs could potentially be applied for in the future and that was why an appropriate off sales condition had been applied for. With regard to Unit 21 the ancillary bar area was not directly accessible from the street. Part of the hatched blue area, which designated the ancillary bar area, was located on the first-floor terrace but this would be restricted through requiring this external area to be used by customers taking a table meal only after 21:00 hours. Finally, Unit 23 would be the largest unit with no direct access from the street to the ancillary bar area. The first-floor terrace area would also be restricted after 21:00 hours to those customers taking a table meal. Mr Thomas advised that the Council’s Policy recognised that no direct access to bar areas was less likely to undermine the licensing objectives.

 

Mr Thomas explained that the hours sought for licensable activities were within core hours. It was recognised that the opening hours and hours permitting the sale of alcohol were concurrent on Fridays and Saturdays therefore not providing a ‘winding down’ period. The applicant had applied for these hours as they mirrored what was permitted under the planning permission. In addition, the Sub-Committee was advised this was also in accordance with policy HRS1.

 

The Sub-Committee was then advised by Mr Thomas on the conditions to be placed on the licences to ensure the licensing objectives were promoted. A last entry condition would be imposed preventing new customers from accessing the Premises 30 minutes prior to the cessation of licensable activities. The applicant did not wish the establishment to become a destination bar for a late drink and as such this condition would prevent this. No amplified music would be played on the terrace. In terms of deliveries these would be restricted to between 07:30 and 11:30 Monday to Saturday. This condition had been agreed with the Covent Garden Community Association in order to prevent any potential noise disturbance in the early or late evening. No deliveries would take place on Sundays. No waste, including bottles, would be moved, removed or placed on the highway between the hours of 23:00 and 08:00. Refuse would be stored in a service yard at the back of the development, off the street. It would be kept in this area until the specified collection times when it would be properly presented outside for collection. Specific procedures would also be implemented so the refuse procedures did not cause a nuisance. Proposals to install glass crushers at each unit were currently being assessed as another way of ensuring there were appropriate methods in place to dispose of waste. Additional conditions included the operation of a twenty-four-hour CCTV system and a requirement for all tables and chairs in St. Martin’s Courtyard to be rendered unusable by 23:00 each day. In response to a question from the Council’s Legal Adviser Mr Thomas confirmed that a proposed condition could be reworded to read “In the area(s) hatched blue on the deposited plans, alcohol can only be sold to and consumed by seated customers” (inserting the word “only”). Mr Thomas also confirmed that a condition should be imposed on the 21 Slingsby Place application, as it was at 23 Slingsby Place, preventing the use of the first-floor terrace after 22:00.

 

Mr Thomas acknowledged the representation received from the CGCA and advised that the proposed conditions had been offered in order to address any concerns they had. It was also suggested by Mr Thomas that the CGCA were content in principle with the application but were requesting that the total capacity for the ancillary bar areas across all three units be limited to 44 persons instead of the proposed 65. Mr Thomas advised that there was not a large difference between the two proposed capacities but restricting it to 44 across the three units would not make it efficacious.

 

Mr Thomas advised that any customers consuming alcohol only within the blue hatched areas would have to be seated with no direct access to these areas from the street. The ancillary bar areas were very limited and in conjunction with the surrender of the Sussex licence and the model conditions proposed represented a cumulative improvement in the local area and one which would promote the licensing objectives.

 

Mr Drayan, representing Environmental Health, confirmed that maximum capacities for each unit had been agreed with the applicant. These capacities would be excluding staff as they would have their own facilities. In order to provide further reassurance, if the Sub-Committee was minded to grant the application, it was suggested that the model noise nuisance condition (MC12) be added to the licence. It was also suggested that the model odour and fumes condition, model condition 87, be imposed. Whilst the extract for the Premises extended to the top of the building the opposite building was taller and therefore the potential for nuisance from odours existed. Mr Thomas advised that during the planning permission process the extract system was deemed suitable and as such it would not be necessary to impose this condition on the licence.

 

Ms Seward, representing the Licensing Authority, explained that they had submitted a representation as the Premises was located within a CIA and therefore policies CIP1, HRS1, RNT2 and PB2 had to be considered. It was acknowledged that the hours sought for licensable activities were within core hours. The opening hours matched the terminal hour for licensable activities on Friday and Saturday nights therefore not providing a ‘winding down’ period. The Council’s Statement of Licensing Policy highlighted the benefits of ‘winding down’ periods and how they helped reduce crime and disorder and public nuisance. The applicant had offered model condition 66 to cover the restaurant area but due to the operation of an ancillary bar policy PB2 had to be considered. It was the Council’s policy to refuse applications in the CIA for pubs and bars. Paragraph 2.5.3 was particularly concerned with restaurants in the CIA operating even in part as a bar. With regards to the external areas it was considered these were appropriately conditioned after 21:00 hours. However, before this time it was suggested that model condition 70 be imposed restricting the supply of alcohol to waiter/waitress service and making it ancillary to customers taking a table meal. The Sub-Committee was advised that the applicant had not agreed this proposed condition. Therefore, the Licensing Authority’s representation was maintained and the Sub-Committee had to determine if the applicant had demonstrated exceptional circumstances to permit the granting of the application.

 

A further detailed discussion on the ‘Cheers Bar & Grill’ case was held during which Mr Thomas highlighted that the main difference between that and this application was that the Sussex had not been demolished and had exactly the same footprint. There was the potential for the applicant to utilise the Sussex as a public house but this was not intended by the applicant. Mr Drayan confirmed that EH had visited the Sussex and works undertaken to change the use of the venue into a retail venue were at an advanced stage. If the Sussex licence was surrendered a licence could be applied for in the future but not one which permitted vertical drinking unless exceptional circumstances were provided.

 

Mr Thomas noted the Licensing Authority’s representation and in response suggested that the supply of alcohol in the external areas should only be ancillary to customers taking a table meal after 21:00 hours.

 

After very careful consideration the Sub-Committee agreed to grant the application. It was recognised that the Premises was located within a CIA however the Sub-Committee considered the application an exception to policy due to the proposal to surrender the licence for the Sussex public house. Particular consideration was given to the ‘Cheers Bar & Grill’ case but the Sub-Committee took the view that this application differed in that the Sussex building had not been demolished and was exactly the same footprint as when it operated as a pub. It was recognised that the Sussex was not currently in operation and was being developed for use as a retail unit. However, the potential existed for the establishment to be returned to a drink-led establishment, with no capacity restrictions and limited conditions. The applications for the three Premises at 19, 21 and 23 Slingsby Place would permit customers to drink alcohol only in designated areas but this would be limited across the three establishments to a maximum of 65 only. It was considered this was a significant reduction in comparison to the Sussex which had provision to allow for over 200 customers to drink alcohol only. The Sub-Committee took the view that this would constitute a reduction in cumulative impact in the local area. The hours sought for the application at Slingsby Place were also within core hours and the consumption of alcohol in external areas would be restricted after 21:00 hours to those customers taking a table meal. Further reassurance was provided that there was no direct access from the street to the hatched areas permitting the consumption of alcohol only. This in addition to the last entry condition prohibiting any new customers from entering the Premises 30 minutes prior to the cessation of licensable activities assured the Sub-Committee that the Premises would not become a drink-led, destination bar. The conditions suggested by EH to prevent potential noise and odour issues were also considered appropriate and therefore included on the licence.

 

It was also noted that the current licence for unit 23 [18/09284/LIPT] would be surrendered if the new applications were granted.

Having taken into account all the evidence the Sub-Committee was satisfied that the application was suitable for the local area and had addressed the concerns raised.  The applicant had demonstrated that the application was appropriate, with the conditions considered proportionate and restrictive enough to ensure that it promoted the licensing objectives and did not add to cumulative impact. The Sub-Committee therefore granted the application accordingly.

 

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:

 

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 12:00 – 00:00.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

3.

Hours Premises are Open to the Public

 

Monday to Sunday: 09:00 to 00:00

 

Seasonal Variations / Non-Standard Timings:

 

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 12:00 – 00:30.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

The Sub-Committee granted the application (see reasons for decision in Section 1).

 

 

 

Conditions attached to the Licence

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.

 

Conditions consistent with the operating schedule

 

9.     The premises shall operate primarily as a restaurant where, save for the area(s) hatched blue on the deposited plans:

i) Customers are shown to their table;

ii) The supply of alcohol is by waiter or waitress service only;

iii) Food is provided 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) Where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking a substantial table meal 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.

 

10.There will be no provision of any take away service of food or drink for immediate consumption.

 

11.There will be no provision of any take away service of food or drink after 23:00.

 

12.In the area(s) hatched blue on the deposited plans, alcohol can only be sold to and consumed by seated customers.

 

13.In the area hatched blue, the maximum number of persons shall not exceed 20 at any time.

 

14.Last entry to the premises to new customers shall be 30 minutes prior to the cessation of licensable activities on the premises.

 

15.All windows and external doors shall be kept closed after 22:00 hours, except for the immediate access and egress of persons.

 

16.After 21:00 all external tables and chairs (including those situated on the first floor terrace area) shall only be used by customers taking a table meal.

 

17.No amplified music shall be played on the external terrace.

 

18.The first floor external terrace shall not be used later than 22:00.

 

19. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team. All entry 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.    

 

20. 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.

 

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:

                             i.          all crimes reported to the venue

                            ii.          all ejections of patrons

                          iii.          any complaints received concerning crime and disorder

                          iv.          any incidents of disorder

                           v.          all seizures of drugs or offensive weapons

                          vi.          any faults in the CCTV system,

                         vii.          any refusal of the sale of alcohol

                       viii.          any visit by a relevant authority or emergency service.

 

22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

 

23. Deliveries to the premises shall only take place between 07:30 and 11.30 Monday to Saturday.

 

24. No waste or recyclable materials, including bottles, shall be moved, removed from or placed on the highway between 23.00 hours and 08.00 hours on the following day unless collections are arranged during the times for the Council’s own commercial waste collection service for the street.

 

25. If the licence holder officers a delivery service (either directly or indirectly), specific procedures shall be in place so the activity does not cause nuisance either at or near the premises,

 

26.No licensable activities shall take place at the premises until premises licences 17/04590/LIPT (original reference number 05/05134/LIPCV) and 18/09284/LIPT (or such other number subsequently issued for the premises) has been surrendered [and is incapable of resurrection].

 

27.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.The maximum capacity is not to exceed 150 persons excluding staff.

 

28. No licensable activities shall take place at the premises until the works 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. If there are minor changes during the course of construction new plans shall be submitted with the application to remove this condition.

 

29. The sale and supply of alcohol for consumption off the premises shall be restricted to a) alcohol consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs and where the supply of alcohol is by waiter or waitress service only; or b) in sealed containers only, and shall not be consumed on the premises or otherwise in Saint Martin’s Courtyard.

 

30. There shall be no off sales after 23.00.

 

31. All tables and chairs in Saint Martin’s Courtyard shall be rendered unusable by 23.00 each day.

 

32. 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.

 

33. No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

 

 

Supporting documents: