Agenda item

App No	Ward / Cumulative Impact Area	Site Name and Address	App Type	Licensing Ref No.
2.	West End Ward / West End Cumulative Impact Area	Jimi loves Gloria, 7 Greek Street, London, W1D 4DF	New Premises Licence	20/04580/LIPN

 

WCC LICENSING SUB-COMMITTEE NO. 1

 

Thursday 10^th September 2020

 

Membership:           Councillor Heather Acton (Chair), Councillor Jim Glen and Councillor Aziz Toki

 

 

Officer Support:       Legal Officer:           Viviene Walker

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Jessica Donovan

 

 

Application for a New Premises Licence 20/04580/LIPN

Full Decision

 

Premises

 

Jimi Loves Gloria

7 Greek Street

London

W1D 4DF

 

 

Applicant

 

The Adventure Bar Co. Limited

Represented by James Anderson (Poppleston Allen Solicitors)

Toby Jackson (Applicant)

Tony Scott (Operations Director)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

Ward

 

West End

 

 

Summary of Application

 

The Premises had been licensed since 2005 and currently operated as a bar to core hours in the West End Cumulative Impact Area. The Applicant sought permission for a new Premises Licence in order for the bar to trade to extended hours for a time limited period until the 30 December 2021. The application was in response to the current COVID-19 crisis. The hours requested would permit the sale by retail of alcohol between the hours of 10:00 and 02:00 Monday to Sunday.

 

 

Proposed Activities and Hours

 

 

Retail Sale of Alcohol [On and Off Sales]

 

Monday to Sunday 10.00 to 02.00

 

 

Late Night Refreshment [Indoors and Outdoors]

 

Monday to Sunday 23.00 to 02.00

 

 

Recorded Music

 

Monday to Sunday 10.00 to 02.00

 

 

Hours premises are open to the public

 

Monday to Sunday 08.00 to 02.30

 

 

 

Representations Received

 

·       Metropolitan Police (PC Brian Hunter) – Now withdrawn

·       Environmental Health (Sally Fabbricatore)

·       Licensing Authority (Angela Seaward)

·       The Soho Society (Represented by Jane Doyle and Richard Brown of Citizens Advice Westminster)

 

 

Summary of issues raised by objectors

 

·       The hours requested fell outside of the Council’s Core Hours Policy and would have the likely effect of causing an increase in Public Nuisance which may affect Public Safety in the West End Cumulative Impact Area.

 

·       The surrounding area was residential in nature and granting the licence was likely to negatively impact on residents’ amenity.

 

 

 

 

Policy Position

 

The premises are located within the West End Cumulative Impact Area and as such various policy points had to be considered, namely CIP1, HRS1 and PB2. The Applicant had to demonstrate how the Premises would not add to cumulative impact in the West End cumulative impact area.

 

The Council’s Statement of Licensing Policy stated that it was of particular concern in Cumulative Impact Areas where there had been a growth in the number of premises that primarily served alcohol, resulting in or adding to cumulative impact. Therefore, the Licensing Authority considered that the grant of variations or new licences for pubs and bars in the cumulative impact area should be limited to exceptional circumstances.

 

In addition, the operating hours applied for licensable activities currently fell outside of Westminster’s core hours. The Licensing Authority encouraged the applicant to reduce the hours to be in line with Westminster’s Core hours

 

 

 

DECISION

 

Having considered all the submissions made by all parties, the Licensing Sub-Committee decided to grant the application subject to additional conditions, amendments to the hours and an amendment to the time period it could be active.

 

Members heard a description of the proposal from Mr Anderson. The Sub-Committee was advised that the application had been made in response to the Covid-19 pandemic. The significant reduction in footfall and having to operate to a reduced capacity to comply with health and safety measures had resulted in all premises facing severe financial challenges. It was acknowledged that the Premises were located within a Cumulative Impact Area (CIA) and therefore there was a presumption to refuse any extension in hours sought but the Applicant considered that there would not be an adverse impact by granting this licence and that there were circumstances relating to the application which were exceptional. The Applicant advised that primarily the continued impact of Covid-19 had reduced the levels of stress in the CIA by approximately 50% through premises closing and reduced occupancy. Therefore, the situation when the policy was originally considered had significantly changed and it was no longer appropriate to impose it as strictly.

 

This application was time limited and would therefore expire in 15 months if granted. This licence would then fall away and the previous licence continue, thus re-dressing the Cumulative Impact balance when the area hopefully recovered. The period of trading to the later hours was likely to be therefore when the area was at a reduced capacity and would not add to the Cumulative Impact as it may have done before lock down.

 

Mr Anderson explained further that the bar had a very small capacity. In addition, the Applicant was very experienced and had operated the Premises without any complaints arising.

 

Mr Brown of the Citizens Advice Bureau, representing The Soho Society,

sympathised with the struggles of businesses during the Covid-19 pandemic. However, it was important that the interests of residents continued to be protected and a coordinated and multi-layered response was required and not just an increase in hours. The hours applied for were not only well outside core hours but stretched late into the night on each day of the week, including Sundays. It was considered that the hours proposed would cause a nuisance both to residents in the immediate area and by having a ‘cumulative impact’ on Soho in general. There was no proposal that the sale of alcohol would be ancillary to a table meal, therefore the Premises would operate as a drink-led bar. In addition, it was explained that the existing licence permitted off sales to 23.30pm Monday to Thursday and midnight Friday to Saturday. As this licence was not proposed to be surrendered, this could leave an enforcement difficulty, and both licences could, in theory, be operated at the same time.

 

Mr Brown advised that the Soho Society was concerned that the grant of the application could set a precedent which would be very difficult for the Council to control should other premises inevitably apply for longer hours for drink-led operations. It also did not follow that it was sufficient to constitute genuinely exceptional circumstances for the purposes of the Policy, which was predicated on evidence of nuisance and crime and disorder over a very long period of time.

 

Ms Jane Doyle, representing The Soho Society, described the residential nature of the area and how the street was very small and narrow. The Sub-Committee was advised that the area already had a significant number of premises with late licences and residents were already experiencing disturbance since lock down restrictions had been eased.

 

Ms Seaward, representing the Licensing Authority, confirmed the Premises werelocated within the West End Cumulative Impact Area. Currently, there was no ancillary nature to the way in which alcohol was served at the Premises and as such the application had to be considered under the Council’s Policy PB2 which was the Licensing Authority’s policy to refuse applications in the CIA other than applications to vary hours within the Core Hours under Policy HRS1. On that basis, the Licensing Authority considered that the grant of variations or new licences for pubs and bars in the cumulative impact area should be limited to exceptional circumstances.

 

Mrs Fabbricatore, representing Environmental Health, considered that the later hours requested could cause an increase in Public Nuisance in the CIA and also impact on Public Safety. The application was time limited and the additional conditions agreed with the Applicant did help promote the licensing objectives. To help address concerns raised however the hours requested would have to be considered along with a potential last entry condition. It was confirmed that no complaints about the Premises had been submitted since it had been operated by the Applicant.

 

The Sub-Committee discussed in detail the capacity of the Premises and Mr Anderson confirmed that if Members were minded to grant the application a condition could be placed on the licence setting a maximum capacity of 80 customers. To address further concerns the Applicant was also content for an additional condition to be added disapplying the existing licence during the time the proposed new licence was in operation. The Applicant was also willing to amend the terminal hours to 22:30 hours on Sundays, 00:00 from Monday to Wednesday with a 30-minute dispersal period and 02:00 on Thursday to Saturday with a 30 minute dispersal period. If the Sub-Committee was willing to accept these amendments to the hours the Applicant would implement a last entry time for customers of 01:00 hours.

 

The Sub-Committee carefully considered the application and noted that footfall in the area was currently very low due to the current circumstances. It was recognised that the Premiseswere located within a CIA and therefore exceptional circumstances had to be demonstrated to enable a granting of the licence to the hours requested. Following a detailed discussion, the Sub-Committee was of the opinion that the Covid-19 pandemic was a genuinely exceptional circumstance to enable the granting of the application, subject to several amendments. The severe impact the pandemic was having on premises in the area in addition to the limited number of people visiting the West End persuaded the Sub-Committee that permitting the application was appropriate. The Sub-Committee had regard to the fact the Premises were small and therefore had a limited capacity which would be restricted to a maximum of 60 until a site visit by EH was undertaken to determine the safe capacity up to an overall maximum of 80 (excluding staff). In addition, the Sub-Committee noted thatthe licence was conditioned to be personalised and also that the application would be for a time limited period only. In relation to off sales it was felt that clarity was required and therefore a condition would be added to the licence prohibiting any off sales after 23:00 hours.

 

In order to ensure the licensing objectives were promoted however several amendments were made to the application to protect local residents. The opening hours and the hours requested for regulated activities would be reduced to between 10:00 to 23:30 Monday to Wednesday, 10:00 to 01:00 Thursday to Saturday and 10:00 to 22:30 on Sundays. It was felt these hours would help the Premises during these challenging times and would also help ensure local residents’ amenity would be protected. On that basis the Sub-Committee did not feel it would appropriate to implement a last entry time condition. The time limited nature of the application was also considered a factor in enabling the granting of the application. The time period was pulled back slightly however to 30 September 2021 as Members were of the opinion this would constitute an appropriate length of time to operate the extended hours in a CIA during the Covid-19 pandemic.

 

Having taken into account all the evidence (with consideration being given to the representations received), the Sub-Committee was satisfied that the Applicant had demonstrated exceptional circumstances and addressed the concerns raised. The applicant had demonstrated that the conditions proposed, and those additional conditions applied by the Sub-Committee, were restrictive enough to ensure that it promoted the licensing objectives. The Sub-Committee therefore granted the application accordingly.

 

 

The application is granted as follows:

 

Recorded Music:

 

Monday to Wednesday:   10:00 to 23:30 hours

Thursday to Saturday:     10:00 to 01:00 hours

Sunday                               10:00 to 22.30 hours

Sundays before Bank

Holidays                             10:00 to 00:00 hours

 

 

Late Night Refreshment:

 

Monday to Wednesday:   23:00 to 23:30 hours

Thursday to Saturday:    23:00 to 01:00 hours

Sundays before Bank

Holidays:                           23:00 to 00:00 hours

 

 

Retail Sale of Alcohol:

 

Monday to Wednesday:   10:00 to 23:30 hours

Thursday to Saturday:     10:00 to 01:00 hours

Sunday:                             10:00 to 22:30 hours

Sunday before Bank

Holidays:                           10:00 to 00:00 hours

 

 

Opening Hours:               

 

Monday to Wednesday:   10:00 to 23:30 hours

Thursdayto Saturday:     10:00 to 01:00 hours

Sunday:                             10:00 to 22:30 hours

Sundays before Bank

Holidays:                           10:00 to 00:00 hours

 

 

 

 

 

 

 

The application is granted subject to the following conditions in addition to the Mandatory conditions applicable to this type of application:

 

          

Conditions consistent with the operating schedule

 

9.         A 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.

 

10.      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.

 

11.      Loudspeakers shall not be located in the entrance lobby or outside the   

           Premises building.

 

12.      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 are 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 the Police or authorised officer throughout the preceding 31-day period.

 

13.      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 are 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.

 

14.      Notices shall be prominently displayed at all exits requesting patrons to

           respect the needs of local residents and businesses and leave the area

           quietly.

 

15       There shall be no striptease or nudity, and all persons shall be decently attired at all times, except when the premises are operating under the authority of a Sexual Entertainment Venue licence.

 

16.      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.

 

17.      The edges of the treads of steps and stairways shall be maintained so as to be conspicuous.

 

18.      During the hours of operation of the premises, 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.

 

19.      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.

 

20.      No collections of waste or other recyclable materials, including bottles, shall take place and no deliveries shall be made, other than by means of vehicles using the loading bay inside the building in which the premises are situated between 23:00 hours and 08:00 hours.

 

21.      The Licence Holder shall use their best endeavours to make sure that vehicles dropping off and collecting patrons do not cause nuisance or disturbance to local residents.

 

22.      Patrons permitted temporarily to leave and then re-enter the premises

(e.g. to smoke) shall not be permitted to take drinks or glass containers with them.

 

23.      The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.

 

24.      Whenever the premises are open for licensable activities, there will be a Personal Licence Holder on duty.

 

25.      When the Premises Licence Holder conducts licensable activities after

midnight, or on other occasion where circumstances dictate there may be a higher risk than normal, the Premises Licence Holder will complete a written risk assessment as to the time and number of SIA registered door staff required to be on duty at the premises, and this risk assessment will be made available to the Police and Licensing Authority on request.

 

26.      A written search and dispersal policy will be in place at the premises, and which will be available to the Police and Local Authority on request.

 

27.      The maximum number of persons permitted on the premises at any one time (excluding staff) shall not exceed 60 until the capacity of the premises has been determined by the Environmental Health Consultation Team and the Licensing Authority has replaced this condition detailing the capacity so determined such capacity shall not exceed 80 at any one time (excluding staff).             

 

28.      Licensable activities will only be permitted under this licence as long as

           The Adventure Bar Company Limited is the Premises Licence Holder.

 

29.      There shall be no sales of alcohol for consumption off the premises after 23:00 hours and alcohol shall not be consumed outside the premises.

 

30.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

 

31.     All windows and external doors shall be kept closed after 21:00 hours, or at any time when regulated entertainment takes place, except for the

          immediate access and egress of persons.

 

32.      This Licence shall cease on 30 September 2021.

 

33.      During the period of this Licence to 30 September 2021, Licence number 19/09015/LIPDPS shall not apply to the operation of the premises.

 

34.      On 1 October 2021, Licence number 19/09015/LIPDPS shall prevail.