Agenda item - The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN

The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN

Meeting of Licensing Sub-Committee (6), Thursday 19th September, 2019 10.00 am (Item 4.)

App

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

Marylebone High Street

Ward/ Not in

Cumulative Impact Area

The George & Dragon Public House

151 Cleveland Street

London

W1T 6QN

Premises

Licence Variation

19/09049/LIPV

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19 September 2019

Membership: Councillor Jacqui Wilkinson (Chairman), Councillor Jim Glen and Councillor Aicha Less

Legal Adviser: Horatio Chance

Policy Adviser: Aaron Hardy

Committee Officer: Tristan Fieldsend

Presenting Officer: Michelle Steward

Relevant Representations: Nine local residents (objecting)

Present: Mr Craig Bayliss (Solicitor, representing the Applicant), Mr Toby Pullen and Ms Suzanne Steer (local resident)

The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN (“The Premises”)

19/09049/LIPV

Layout Alteration

The changes sought under this variation application are as follows:

To relocate the toilet provision to the basement.
To create a new entrance door.
To increase the licensed area on the ground floor.

There are no changes sought to the operating schedule or licensable activities.

Amendments to application advised at hearing:

The Applicant confirmed to the Sub-Committee that the proposals would not increase the size of the licensable area on the ground floor.

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

The Sub-Committee considered an application by H Company 2 Ltd for a variation of a premises licence in respect of The George & Dragon Public House, 151 Cleveland Street, London, W1T 6QN.

The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following the agreement of conditions with the Applicant.

Mr Bayliss, representing the Applicant, explained that the variation application before the Sub-Committee had been submitted by the freeholder and related to a small number of minor layout alterations. The previous licence had been operated by the former tenant but this had subsequently been taken back by the Applicant. There had been significant investment in the property to upgrade its facilities and this included providing new staff accommodation, installing a kitchen on the upper floor and a toilet in the basement. Mr Bayliss clarified that these layout alterations would not result in any increase in the licensable area on the ground floor. It was also acknowledged that the licence was old and therefore contained very few conditions on it. The Sub-Committee was advised that the Applicant had only recently been made aware of the issues around the operation of the Premises under the previous tenant. The new tenant due to take over the operation of the Premises had a good licensing history, had invested funds to renovate the property and would live on-site at the establishment. It was therefore in the tenant’s best interests to foster good working relationships with residents in the local area. A further reassurance was provided that if the tenant breached any of the conditions on the licence they would in turn be in breach of their lease obligations/covenants and therefore be removed as the operator of the Premises.

Mr Pullen, representing the Applicant provided details on the new tenant. It was explained the tenant had previously taken over, and significantly improved, an establishment in Clapham which had been causing concern to local residents. The tenant would be living on the Premises and was aware that relationships with local residents required improving. The Applicant wanted to ensure the venue became an important feature of the community. As such it was intended to create a forum consisting of the tenant, the freeholder and residents in an attempt to improve levels of engagement and resolve any potential operational issues.

Ms Steer, a local resident, highlighted the narrow nature of Greenwell Street and how customers drinking outside the Premises led to noise disturbance to local residents. The issue of noise management was the key issue and Ms Steer suggested preventing any external consumption of alcohol after 21:30 or 22:00 hours. The Sub-Committee was informed that customers often spilled out of the Premises onto the nearby street which was not only a noise nuisance but often prevented residents from walking on the pavements. The Sub-Committee was advised that the Premises had previously been community focused but in recent years had developed more into a wine bar catering for nearby office workers.

Mr Pullen confirmed that the Applicant operated 8 public houses across London and was very experienced in dealing with tenants and working in conjunction with local residents. The new tenant intended to refocus the venue to be more community focused and enter into dialogue with residents to find solutions to any potential issues. The issues around customers drinking on the street were noted and Mr Pullen suggested external CCTV could potentially be installed at the Premises.

Mr Bayliss highlighted that the layout alterations had been approved by the City Council’s Planning Department and English Heritage. In terms of the new doorway its primary purpose was to create a new entrance and lobby for the staff accommodation upstairs. He suggested that the new tenant be provided with an opportunity to operate the Premises and if residents experienced issues they could initiate review proceedings.

The Sub-Committee carefully considered the application on its individual merits and had regard to the representations made by local residents. It was recognised that residents had experienced nuisance from the Premises previously especially in relation to customers drinking outside. The Sub-Committee noted however that the licence had subsequently been taken back by the Applicant and it was proposed to install a new live-in tenant at the Premises. This provided reassurance that improved levels of engagement with the local community and good management would be prioritised when the establishment reopened following its refurbishment. The Sub-Committee was also pleased with the Applicant’s confirmation that there would be improved lines of communication with residents. The importance of this was stressed to all parties to ensure that any operational issues, such as crowds congregating outside the establishment, could be addressed at early stage and properly managed so as not to cause a nuisance. The Applicant’s suggestion that external CCTV be installed was welcomed but the Sub-Committee felt it was inappropriate to add this as a condition on the licence at this stage. Confirmation that there would be no increase in the licensable area on the ground floor was welcomed along with the clarification that the new door would primarily be used to service the staff accommodation. The variation sought to the Premises layout was considered minor by the Sub-Committee and appropriate in the circumstances.

Having taken into account all the evidence (with consideration being given to the representations received from local residents) 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 and that the conditions imposed on the Premises Licence by the Sub-Committee would have the overall effect of promoting the licensing objectives. The Sub-Committee therefore granted the application accordingly.

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;

(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. No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

(a) He is the child of the holder of the premises licence.

(b) He resides in the premises, but is not employed there.

(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

10. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

Conditions attached by the Licensing Authority after a hearing

11. No children shall be allowed on the premises, proof of age shall be requested.

12. Live Music shall be permitted on Sunday from 12:00 to 18:00.

13. Live music is restricted to being unamplified with a maximum of two performers.

14. 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.

15. 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

16. There shall be no sales of alcohol for consumption off the premises before 10:00 Monday to Saturday and 12:00 on Sunday’s.

17. A Challenge 21 or Challenge 25 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

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

(d) any incidents of disorder

(e) all seizures of drugs or offensive weapons

(f) any faults in the CCTV system, searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

(h) any visit by a relevant authority or emergency service.

18. Alcohol may be sold or supplied:

(a) On Monday to Thursday 10.00 to 23.30.

(b) On Sundays 12.00 to 22.30.

(c) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).

NOTE - The above restrictions do not prohibit:

(a) the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

(e) the taking of alcohol from the premises by a person residing there;

(f) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(g) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

Supporting documents: