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Agenda item

Basement, 21 Rupert Street, London, W1D 7PJ

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

Basement

21 Rupert Street

London

W1D 7PJ

New Premises

License

19/09071/LIPN

 

 

 

Minutes:

LICENSING SUB-COMMITTEE No. 6

Thursday 19th 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:    Metropolitan Police and the Licensing Authority

 

Present: Mr Richard Wormold QC (Counsel, representing the Applicant), Mr Alun Thomas (Solicitor, representing the Applicant), Ms Cosmina Stan (Asset Manager of the Applicant Company), PC Brian Lewis (Metropolitan Police) and Ms Daisy Gadd (Licensing Authority)

 

Basement, 21 Rupert Street, London, W1D 7PJ (“The Premises”)

19/09071/LIPN

 

1.

Sale by Retail of Alcohol – On Sales

 

Monday to Sunday: 10:00 to 03:00

 

Seasonal Variations/Non-Standard Timings:

 

An additional hour on the morning that British Summer Time commences.

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

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 London Trocadero (2015) LLP (“The Applicant”) for a new premises licence in respect of Basement, 21 Rupert Street, London, W1D 7PJ.

 

The Licensing officer introduced the application which was for a shadow licence on the exact same terms as the Premises licence. The Metropolitan Police were requesting that the application be adjourned and therefore the Sub-Committee would have to consider this preliminary issue before making a decision on the application.

 

PC Lewis, representing the Metropolitan Police, confirmed that they were requesting for the application to be adjourned. Following an extremely serious incident at the Premises on 25 August 2019 an expedited review had been held. The circumstances of the incident were clearly linked to failings at the Premises and were so serious it had led to the endangerment of members of the public. At the expedited review hearing held on 30 August 2019 the Sub-Committee decided to take the interim steps of suspending the Premises Licence. On 23 September 2019 a full review hearing was scheduled where the Police would be seeking a revocation of the licence in order to act as deterrent. If the licence was revoked on 23 September 2019 then there would be no licence to shadow, which was what was being applied for in the application before the Sub-Committee today. If this application was granted, then that would undermine the interim steps taken previously.

 

PC Lewis explained that there were concerns over whether in regard to the incident the Applicant had acted responsibly. This required further detailed discussion at the hearing on 23 September 2019 before a shadow licence should be granted. In terms of the City Council’s Statement of Licensing Policy (SLP) the granting of shadow licences were regarded as having the potential to undermine any sanctions imposed by a Sub-Committee. Therefore, the Police was of the opinion that it was vitally important to adjourn the application to a future date on the basis it was in the public interest to do so.

 

Mr Wormold, representing the Applicant, acknowledged that review proceedings were scheduled to take place on 23 September 2019 where the Police were seeking revocation of the licence held by the tenant. If the licence was revoked then that would result in the landlord having to make an application for a new licence in the Cumulative Impact Area (CIA), therefore making it unlikely for it to be granted on the same terms as currently permitted. To preserve the landlord’s position in the event the tenant’s licence was revoked a shadow licence application had been made to the Licensing Authority.

 

The Sub-Committee was advised by Mr Wormold that the Applicant was a responsible landlord who held a significant commercial interest in the Leicester Square area. They had invested substantial funds in redeveloping the Trocadero providing an upmarket offer including a 700-bedroom hotel. It was in their interest for the Premises in question to be operated responsibly to late hours, attracting an international clientele to a high-class nightclub. It was recognised that revocation of the licence was a potential sanction and this would have serious ramifications for the Applicant. It was stressed that it was the current tenant who had breached the conditions on the licence and if the licence was therefore revoked then it would be impossible in future to operate the Premises as a nightclub. It was stated that when the Premises Licence Holder was originally granted the licence, it was agreed for the Premises to run as a nightclub and Leicester Square was considered the ideal location for it. The shadow licence application had been submitted on 24 July 2019, a month prior to the serious incident in question. The Sub-Committee was advised that the application had been submitted as part of the Applicant’s decision at board level to have shadow licences on all their Premises so that they were able to exert a greater degree of control over their properties. Currently, if the tenant held a licence but the landlord did not then the tenant had the position of power, a situation the landlord was hoping to address. This application was a deliberate move by the Applicant, who was a responsible landlord, to become more involved in the licensing aspect of its Licensed Premises. If the application was  to be adjourned by the Sub-Committee, then this application would fall away as there would be no licence to shadow.

 

Miss Gadd, representing the Licensing Authority, supported the Police’s request to adjourn the application. It was confirmed that on 30 August 2019 the Sub-Committee had agreed to suspend the licence to prevent any licensable activities from taking place at the Premises until the review hearing scheduled for 23 September 2019. If the application for a shadow licence was granted licensable activities would be permitted at the Premises irrespective of any potential sanctions that may be imposed on 23 September 2019. Given that there was outstanding review proceedings for the Premises it was believed that it was in the public interest to adjourn the application until after the review hearing on 23 September 2019. This was so as not to undermine the review proceedings and interim steps taken by the Sub-Committee on 30 August 2019 to suspend the existing Premises licence.

 

The Legal Adviser to the Sub-Committee clarified for all parties that at the review hearing scheduled for 23 September 2019 the Sub-Committee had a range of options available to it under the provisions of the Licensing Act 2003 of which revocation was only one. Therefore, it did not automatically follow that the Sub-Committee would revoke the Premises Licence because each case had to be considered on its individual merits in light of the evidence before it.

 

The Sub-Committee very carefully considered the request from the Police to adjourn the application and considered that they, and the Licensing Authority, had both presented strong evidence as to why it should happen. It was acknowledged that the Applicant had expressed concerns about the outcome of the review hearing scheduled for 23 September 2019. However, the Sub-Committee was not in a position, and did not wish to, pre-judge what decision may be taken at this hearing. The Sub-Committee sitting on 23 September 2019 had wide-ranging powers and the suggestion by the Applicant that it might result in revocation of the licence was by no means certain. Having taken into account the evidence provided by all parties, it was considered that it was in the public interest to adjourn the application to a future date. This would ensure that the review proceedings and interim steps taken by the Sub-Committee on 30 August 2019 to suspend the existing premises licence would not be undermined.

 

2.

Late Night Refreshment - Indoors

 

Monday to Sunday: 23:00 to 03:00

 

Seasonal Variations/Non-Standard Timings:

 

An additional hour on the morning that British Summer Time commences.

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

3.

Plays, Films, Live Music, Recorded Music, Performances of Dance and anything of a Similar Description - Indoors

 

Monday to Sunday: 09:00 to 03:00

 

Seasonal Variations/Non-Standard Timings:

 

An additional hour on the morning that British Summer Time commences.

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

4.

Hours Premises are Open to the Public

 

Monday to Sunday: 09:00 to 03:00

 

Seasonal Variations/Non-Standard Timings:

 

An additional hour on the morning that British Summer Time commences.

 

From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.

 

 

Amendments to application advised at hearing:

 

None.

 

 

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

 

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

 

 

Supporting documents: