Skip to main content

Agenda item

Oswald's, 25 Albemarle Street, London, W1S 4HX

App

No

Ward /

Cumulative Impact Area

Site Name and Address

App

Type

Licensing Ref No.

1.

West End Ward / Not in Cumulative Impact Area

Oswald's

25 Albemarle Street

London

W1S 4HX

Premises Licence

Variation

20/03567/LIPV

 

Minutes:

WCC LICENSING SUB-COMMITTEE NO. 3

 

Thursday 25th June 2020

 

Membership:           Councillor Jacqui Wilkinson (Chairman), Councillor Louise Hyams and Councillor Aicha Less

 

 

Officer Support:       Legal Advisor:         Horatio Chance

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Andrew Palmer

                                Presenting Officer:  Jessica Donovan

 

 

Application for Variation of a Premises Licence [20/03567/LIPV]

 

Full Decision

 

Premises

 

Oswald's

25 Albemarle Street

London

W1S 4HX

 

 

Applicant

 

Winter Restaurants Limited (Robin Birley – Director of the applicant company).

 

Represented by Alun Thomas of Thomas & Thomas Solicitors.

 

 

Cumulative Impact Area

 

None

 

 

Ward

 

West End

 

 

Summary of Application

 

The Sub-Committee has determined an application for a Variation of Premises Licence under the Licensing Act 2003 (“The Act”) The Premises currently operates as a Private Members’ Club specialising in fine wines and gourmet Mediterranean food, and had authorised licensable activities relating to Regulated Entertainment, Late Night Refreshment, and the Sale of Retail of Alcohol both on and off the premises. The Applicant was seeking to vary the existing licence by extending the terminal hour of all licensable activities and opening hours to 01:00 Monday to Saturday; and to amend condition 12 to permit use of the external first floor terrace until 22:00. The Applicant also sought to amend works conditions (30 and 31) to apply to the second floor only. The Premises are not located in any area of Cumulative Impact.

 

Current and proposed licensable activities and hours

(basement, ground, first and second floors)

 

Recorded Music

 

Proposed Variation

 

Monday to Saturday  : 23.00 to 01.00 on the following day

Sunday                     : No change.                               

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

On Sundays prior to bank holidays/public holidays until 01:00

Compared to existing licence 19/05722/LIPN

 

Monday to Thursday : 23.00 to 23:30

Friday to Saturday    : 23:00 to 00:00

Sunday                     : N/A                      

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

On Sundays prior to bank holidays/public holidays until 00:00

 

Late Night Refreshment [Indoors]

 

Proposed Variation

 

Monday to Saturday  : 23.00 to 01.00 on the following day

Sunday                     : No change.                               

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

On Sundays prior to bank holidays/public holidays until 01:00

Compared to existing licence 19/05722/LIPN

 

Monday to Thursday: 23.00 to 23:30

Friday to Saturday    : 23:00 to 00:00

Sunday                     : N/A                      

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

On Sundays prior to bank holidays/public holidays until 00:00

 

Retail Sale of Alcohol [On and Off sales]

 

Proposed Variation

 

Monday to Saturday:          10.00 to 01.00 on the following day

Sunday:                              No change.

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

On Sundays prior to bank holidays/public holidays 12.00 until 01:00

 

Compared to existing licence 19/05722/LIPN

 

Monday to Thursday : 10.00 to 23:30

Friday to Saturday    : 10.00 to 00:00

Sunday                     : 12.00 to 22.30                          

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

On Sundays prior to bank holidays/public holidays 12.00 until 00.00

 

Hours premises are open to the public

 

Proposed Variation

 

Monday to Saturday:          10.00 to 01.00 on the following day

Sunday:                              No change.

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

On Sundays prior to bank holidays/public holidays until 10.00 until 01:00

 

Compared to existing licence 19/05722/LIPN

 

Monday to Thursday : 10.00 to 23.30

Friday to Saturday    : 10.00 to 00.30

Sunday                     : 12.00 to 23.00                          

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

On Sundays prior to bank holidays/public holidays 10.00 until 00.30

 

Conditions being Varied

 

Condition 12

 

Proposed Variation

 

The external first floor terrace shall not be used by patrons after 22:00 hours

 

Compared to existing condition

 

The external first floor terrace shall not be used by patrons after 20:00 hours

 

                                          

Condition 30

 

Proposed Variation

 

The 2nd floor shall not be used under this Licence until the Council's Environmental Health Consultation Team have confirmed that the 2nd floor as shown on the plans has been completed to their satisfaction.

 

Compared to existing condition

 

The Premises Licence shall not be effective until the Council's Environmental Health Consultation Team have confirmed that the 2nd floor as shown on the plans has been completed to their satisfaction.

 

 

Condition 31

 

Proposed Variation

 

Before the second floor is open to the public under this licence, the plans will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

Compared to existing condition

 

Before the premises are open to the public under this licence, the plans will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority.

 

 

Representations Received

 

·       Richard Brown (Citizens Advice Westminster – representing the resident objector, Mr Phillip Williams)

·       Lizzie Beresford (Marrons Planning – representing the resident objector, Mr Phillip Williams)

·       A representation made on behalf of the Metropolitan Police Service dated 7 May 2020 had subsequently been withdrawn, following further conditions being agreed and the Application amended.

 

 

Brief summary of issues raised by objectors

 

·       The main concern expressed related to the potential for significant impact on the amenity of the objector’s residential property to the rear of the Premises, that could be caused by the increase in hours and use of the external first floor terrace, which is situated 10m from the residential property.

·       The increase in hours would render the acoustic trellis installed on the terrace ineffective.

·       The extended use of the terrace as an ‘outside drinking area’ would inevitably result in a dual use as a smoking area, which would be detrimental to air quality.

 

 

Policy Position

 

Policies HRS1 and PB1 apply under the City Councils Statement of Licensing Policy. There is no policy to refuse this application (as the Premises was not situated in a Cumulative Impact Area). The application must, therefore, be determined on merit. Licensable activities would be licensed until core hours. 

 

 

DECISION

 

Ms Jessica Donovan Presenting Officer outlined the nature of the application to the Sub-Committee. Ms Donovan confirmed that this was an application for a Variation of Premises relating to Oswald's 25 Albemarle Street London W1S 4HX. The Premises operates as a Private Members Club and the Applicant is seeking to vary the terminal hour for the licensable activities applied for and to amend certain conditions.

 

Mr Alun Thomas Solicitor presented the application on behalf of Winter Restaurants Limited, and explained that the Applicant was seeking to extend the terminal hour of all licensable activities and opening hours to 01:00 Monday to Saturday to allow customers time to finish their meals. The Sub-Committee heard that the Premises have had the benefit of a premises licence since March 2008 and had been occupied by the Applicant since 2017 with no complaints about its operation. Mr Thomas stated that the Applicant also owned another club in Mayfair and was renowned for his exemplary standards of management and for his positive relationship with his neighbours. Due to the current Covid-19 pandemic, the Applicant had been forced to close on 23 March 2020 and it was uncertain when it would reopen. Mr Thomas suggested that in the new economic environment the reality was such that, the Club required greater operational flexibility as proposed by this application by having extended opening hours. The Sub-Committee noted that no representations had been made by the Responsible Authorities; and that the one objection which had been received was from a nearby premises and had related only to the use of the first-floor terrace. There was no mention made or reference to the extension of internal operating hours.

 

Mr Thomas stated that in order to mitigate the objector’s concerns if the Application was granted and the Premises then sold, the Applicant had offered a Personal Use Condition that could avoid the extended hours passing to the new licence holder. Mr Thomas also stated that there was no music or loudspeakers on the terrace, and that the number of persons (excluding staff) using the first floor terrace after 20:00 would be limited to 12 at any time. The Applicant also offered to provide a contact number for the Premises that local residents could use if any issues arose so residents could contact the management of the Premises direct.

 

The Sub-Committee also heard from Mr Birley, who described the operation of the Private Members’ Club and Premises.

 

Mr Brown addressed the Sub-Committee and confirmed that the main source of concern for the objector related to the rear terrace, which was 10 metres from the rear of the objector’s property. Use of the terrace was currently restricted by condition on the premises licence to cease use by 20.00 hours each day, which the objector considered to be a reasonable hour that maintained the right balance. Although the objector acknowledged that the licence holder had adhered to the current conditions and that sound levels were currently acceptable, he was concerned that the later terminal hour and high-sided buildings that were in close proximity to the rear of the Premises would increase the level of noise. The objector also considered it inevitable that the terrace would be used as a smoking area with resulting smoke permeating into his premises, and that the overall later terminal hour could lead to the venue becoming a drinking venue.

 

Ms Beresford also addressed the Sub-Committee and commented that while it was acknowledged that the venue was operating as a very respectable club, it would be difficult to enforce restrictions and conditions if ownership of the Premises was to change. Ms Beresford and Mr Brown welcomed the undertaking to agree a further condition for a direct contact telephone number to be provided to local residents and businesses and this was noted by the Sub-Committee.

 

For clarity, Mr Thomas stated that the Applicant was seeking approval for the terrace to be used for smoking after 20.00 hours, with the number of smokers being limited to 12 with cigar smoking only until 22.00 hours. The Sub-Committee noted that the objector was not always resident at the property, as he spent a lot of the year abroad. Ms Beresford was unable to confirm whether the objector’s property was double-glazed. 

 

The Sub-Committee duly acknowledged the points made by the objectors but has to strike the right balance when considering the application on its individual merits. It therefore took the view that the proposed conditions offered by the Applicant would mitigate the concerns raised in respect of nuisance which included limiting the use of the external first floor terrace and the provision of a direct telephone number for the manager at the premises. 

 

The Sub-Committee was of the view that granting the application with the additional suite of conditions in place was a proportionate response to the application and would, therefore, promote the licensing objectives in particular the public nuisance licensing objective.

 

The Applicant was reminded that if unacceptable nuisance or disturbance is caused to local residents as a result of this application being granted, the resident did have the option of bringing a review of the licence.   

 

Having carefully, considered the committee papers and the submissions made by all of the parties, both orally and in writing, the Sub-Committee concluded that the Applicant had provided valid reasons as to why the granting of the application would promote the licensing objectives. The Sub-Committee has decided to grant the application having regard to the following: -

 

1.        To grant permission for all licensable activities permitted under the Licence until 01:00 hours Monday to Saturday.

2.        To grant permission for the hours the premises will be open to the public Monday to Saturday until 01:00 hours.

3.        To grant permission to vary the seasonal variation hours for all licensable activities permitted under the Licence until 01:00 hours

4.         To grant permission to amend condition 12 of the Licence so that the first-floor terrace is now extended until 22:00 hours as specified below.

5.        To grant permission to amend works conditions 30 and 31 of the Licence to the revised conditions as specified below.

5.        That the varied Licence is subject to any relevant mandatory conditions.

6.        That the existing conditions on the Licence shall apply in all respects except in so far as they are varied by this Decision.

 

7.        That the varied Licence is subject to the following additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions attached after a hearing by the licensing authority

 

8.     The external first floor terrace shall not be used by patrons after 22:00 Hours.

 

9.     The second floor shall not be used under this Licence until the Council's Environmental Health Consultation Team have confirmed that the 2nd floor as shown on the plans has been completed to their satisfaction. 

 

10.   Before the second floor is open to the public under this Licence, the plans will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the work carried out. Where the premises layout has changed during the course of construction new plans shall be provided to the Environmental Health Consultation Team and the Licensing Authority. 

 

11.   The number of persons (excluding staff) using the first-floor terrace after 20:00 hours shall be limited to 12 customers at any one time.

 

12.   The Terrace after 20:00 hours shall be limited to 12 customers smoking at any one time.

 

13.   The Terrace will only be used by customers after 20:00 hours whilst the premises are operated by Winter Restaurants Limited.

 

14.   A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

 

The Licensing Sub-Committee

25 June 2020

 

Supporting documents: