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Agenda item

Mr Fogg's Society of Exploration, 1A Bedford Street, London, WC2E 9HD

App

No

Ward /

Cumulative Impact Area

Site Name and Address

Application

Licensing Reference Number

1.

St James’s Ward

/

West End

Mr Fogg’s Society of Exploration

1A Bedford Street

London

WC2E 9HD

New Premises Licence,

20/04234/LIPN

 

Minutes:

LICENSING SUB-COMMITTEE No. 3

Thursday 24 September 2020

 

Membership:              Councillor Jacqui Wilkinson (Chairman), Councillor Margot Bright and Councillor Rita Begum.

 

Legal Adviser:             Viviene Walker

Policy Officer: Kerry Simpkin

Committee Officer:      Georgina Wills

Presenting Officer:      Michelle Steward

 

Mr Fogg’s Society of Exploration, 1A Bedford Street London WC2E

9HD Application for a New Premises Licence 20/04234/LIPN

 

 

Present:          James Rankin (Legal Representative, Bedford Street Bar Ltd),                   Marcus Lavell (Agent, Bedford Street Bar Ltd ), Andrew Wong                    (Agent, Bedford Street Bar Ltd ), Charlie Gilkes (Applicant,                               Bedford Street Bar Ltd ) Duncan Stirling (Applicant, Bedford                                   Street Bar Ltd), Karyn Abbott (Licensing Authority) andSally                                   Fabbricatore (Environmental Health),

                         

 

This is an application by the Bedford Street Bar Ltd (The Applicant) was seeking a new premises licence for Lounge and wine bar.

 

DECISION

 

The application is granted for the following activities and hours:

 

Retail Sale of Alcohol [On and Off sales]

 

The Committee having carefully considered the application and representations made decided to grant the premises licence to permit the sales of alcohol on and off the premises from Monday to Saturday 10:00 to 02:30, Sunday 12:00 to 00:00 hours.

 

Late Night Refreshment [On and Of premise]

 

To grant permission for Late Night Refreshment On and Off the premises Monday to Saturday 23:00 to 02:00 hours, Sunday 23:00 to 00:00 hours.

 

Hours of Operation

 

To grant permission for the Hours the premises are open to the public Monday to Saturday 08:00 to 02:30 hours, Sunday 12:00 to 00:30 hours.

 

That the licensable activities and opening hours listed at 1 – 4 above shall be limited for a maximum period of two years from the date of this decision, as specified in condition 37 below and that following that two-year period the hours for licensable activities will revert to:

 

a)         Playing of Recorded Music: Monday to Saturday 10:00 to 00:00, Sunday 12:00 to 23:00.

b)         Sale by retail of alcohol: Monday to Saturday 10:00 to 00:00, Sunday 12:00 to 23:30

c)         Late Night Refreshment: Monday to Saturday 23:00 to 00:00, Sunday 23:00 to 23:30

d)         Opening Hours: Monday to Saturday 10:00 to 00:30, Sunday 12:00 to 23:30.

 

1.     That the licensable activities shall be extended from the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day. 

 

2.     That the Licence is subject to any relevant mandatory conditions.

 

3.     That no licensable activities can take place until the existing premises licence, 20/00229/LIPDPS (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.

 

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

 

 

SUBMISSIONS AND REASONS

 

The Sub-Committee considered an application by the Bedford Street Bar Ltd (The Applicant) for a new premises licence in respect of Mr Fogg’s

Society of Exploration, 1A Bedford Street London WC2E 9HD

 

Michelle Steward, the Presenting Officer introduced the application and advised that the Premises currently operates as a lounge and wine bar. The applicant sought a licence to authorise the licensable activities for Recorded Music (indoors), Late Night Refreshment (indoors and outdoors) and the sale of alcohol both on and off the premises from 10:00 to 02:00 Monday to Saturday and 12:00 to 00:00 on Sunday for a temporary period of 2 years from the date of issue of the licence.  The applicant also sought to extend the hours for licensable activities on New Year’s Eve from the end of permitted hours until the start of permitted hours on New Year’s Day.  The hours for licensable activities would revert to the hours permitted on the premises licence (20/00229/LIPDPS).

 

There representations made by the Metropolitan Police and the Covent Garden Community Association were both withdrawn.

 

James Rankin, Applicant’s Legal Representative, explained that the purpose of the increased hours for a temporary period of 2 years was to enable the venue to be viable during the Covid-19 restrictions.  It was noted that the current restrictions announced by the Government will restrict the operation of the venue to 10pm each night and restrict the sale of alcohol to seated customers only.  The Applicant addressed the specific policy elements and it was explained that the application should be treated as an exception to policy as the hours for licensable activities are proposed to be the same as those on the current licence (20/00229/LIPDPS) for the premises except for a temporary period of 2 years where the hours for licensable activities would be to 02:00 Monday to Saturday and Sunday 00:00.  This represented a reduction of licensable hours for Recorded Music and Private Entertainment which were unrestricted. 

 

The capacity for the premises will be limited to 250 people and a raft of additional conditions would be added to the licence to promote the licensing objectives and ensure that the licence would only relate to the operation as a Mr Fogg’s venue. 

 

Mr Rankin said that since the pandemic the applicant has had substantial operational challenges there have been no theatre, no tourists, no talks and no tastings at the premises.  Longer hours would given them a chance to catch up with their losses and maintain staff.

 

They currently employ 15 staff including 2 SIA registered doorman.

 

The application was time limited and therefore will expire after 2 years if granted.  At the end of that period they would surrender unrestricted right to entertainment and reduce the hours for recorded music.

 

Mr. Rankin explained further that the capacity was down to 250 from 373, the licence will only be temporary and so the application does not damage the Statement Licensing Policy.  He referred to the withdrawal of objection by the Covent Garden Community Association and the fact that their representative stated that the premises do not cause any impact on the Policy.

 

Mr. Rankin stated that given the current situation a number of licensed premises will never re-open and this application was to replace one of those premises.

 

Mr. Charlie Gilts, the owner of the premises was asked by Members, how the business has operated prior to COVID-19 and he responded that the business was a high end set of business where pre- theatre talks were given, the premises were opened for lunch, high tea and were very popular until midnight.

 

Mr. Gilts stated that the premises attract international visitors and people of all ages. The basement was being refurbished and would re-open within 3 weeks. The premises are situated in a very quiet end of the street and do not have a high footfall.

 

When asked by Members how does the ground floor operates, Mr. Gilts stated that there is no trading on the ground floor, people are met and taken to the downstairs. He repeated that the grant of the licence is only temporary and that the residential accommodation is negligible.

 

Karyn Abbott, Licensing Authority advised that the hours sought were beyond the core hours and that the Premises was situated in the West End Cumulative Impact Area. The Applicant was required to demonstrate that the Application was an ‘exception to policy’. A Condition which required the sale of alcohol to be ancillary to food would be welcomed. The Applicant was reported to have a Dispersal Policy in place.   

 

Sally    Fabbricatore, Environmental Health Service had maintained representations, and these were based on the grounds of public safety and the prevention of public nuisance. Ms Fabbricatore advised the time limitation of the Licence was welcomed and that the Premises capacity being limited to 250 would mitigate concerns. The Applicant proposed Conditions were noted as being satisfactory.

 

The Sub-Committee, having regard to the applicants submissions relating to the impact of the pandemic on the operation of the premises, the rationale for the application, the temporary nature of the additional hours and the significant additional conditions proposed deemed these sufficient to provide an exception to the Councils Statement of Licensing Policy.  Members were satisfied that the existing conditions and the additional conditions would ensure that the licensing objectives would be promoted and therefore granted the application.

 

 

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.

9.         All persons guarding premises against unauthorised access or occupation or against outbreaks of disorder or against damage (door supervisors) must be licensed by the Security Industry Authority.

 

Conditions imposed by the Committee after a hearing

 

10.       Substantial food and non-intoxicating beverages shall be available throughout the permitted hours in all parts of the premises where alcohol is sold or supplied for consumption on the premises.

 

11.       Notices shall be prominently displayed at exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

 

12.       Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

 

13.       No entertainment, performance, service, or exhibition involving nudity or sexual entertainment shall be provided except under the authority of a Sexual Entertainment Venue licence pursuant to the Local Government Miscellaneous Provisions Act 1982 as amended.

 

14.       All staff engaged outside the entrance to the premises, or supervising or controlling queues, shall wear high visibility yellow jackets or vests or distinctive uniform that is easily identifiable (e.g. butler’s uniform/top hat/tails).  SIA must wear the approved SIA registered identification.

 

15.       During busy times door staff shall ensure that the footway outside is not obstructed by the venue’s customers

 

16.       There shall be no payment made by or on behalf of the licence holder to any person for bringing customers to the premises directly off the street.

 

17.       All door staff employed at the venue shall be accredited to the Security Industry Authority

 

18.       No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

 

19.       No waste or recyclable materials, including bottles shall be moved, removed or placed in outside areas between 23:00 hours and 07:00 hours.

 

20.       No deliveries to the premises shall be arranged between 23:00 and 07:00 hours.

 

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

 

22.       All windows and external doors shall be kept closed after 23:00 hours, except for the immediate access and egress of persons.

 

23.       Any special effects or mechanical installations shall be arranged and stored so as to minimise any risk to the safety of those using the premises. The following special effects will only be used on 10 days prior notice being given to the Licensing Authority where consent has not previously been given:-

 

a)         dry ice and cryogenic fog (except for food presentations)

b)         smoke machines and fog generators

c)         pyrotechnics including fire works

d)         firearms

e)         lasers

f)          explosives and highly flammable substances.

g)         real flame (except for candles)

h)         strobe lighting.

 

24.       No person shall give at the premises any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.

 

NOTE: (1) This rule does not apply to exhibitions given under the provisions of Section 2(1A) and 5 of the Hypnotism Act 1952.

 

25.       The approved arrangements at the premises, including means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

 

26.       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.

 

27.       All exit doors on designated escape routes shall be available at all material times without the use of a key, code, card or similar means.

 

28.       All self-closing doors shall be effectively maintained and not held open other than by an approved device.

 

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

 

30.       Curtains and hangings shall be arranged so as not to obstruct emergency signs.

 

31.       The certificates listed below shall be submitted to the Licensing Authority upon written request.

 

a)         Any emergency lighting battery or system

b)         Any electrical installation

c)         Any emergency warning system.

 

32.       The air conditioning units operating within the premises must be switched off when licensable activities have ceased for the day.

 

33.       A noise limiter must be fitted to the musical amplification system set at a level determined by and to the satisfaction of an authorised officer of the Environmental Health Service, so as to ensure that no noise nuisance is caused to local residents or businesses. The operational panel of the noise limiter shall then be secured by key or password to the satisfaction of officers from the Environmental Health Service and access shall only be by persons authorised by the Premises Licence holder. The limiter shall not be altered without prior agreement with the Environmental Health Service. No alteration or modification to any existing sound system(s) should be effected without prior knowledge of an authorised Officer of the Environmental Health Service. No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

34.       The premises will operate a Dispersal Policy and all relevant staff will be trained in its implementation. At a minimum it will include the requirement that customers will be encouraged to disperse via the Strand and not North along Bedford Street.

 

35.       The premises will operate a Policy regarding the management of the outside area and all relevant staff will be trained in its implementation. At a minimum it will include the requirement that customers outside the premises, whether queuing or smoking, will be managed in such a way that they do not cause a nuisance, including by way of noise or by restricting movement along the footway.

 

36.       The premises shall only be permitted to carry out licensable activities after midnight if it operates as a Phileas Fogg themed lounge and wine bar.

 

37.       The terminal hour for Licensable Activities authorised by this licence shall be 02:00 Monday to Saturday and 00:00 on Sundays until the 24th September 2022 upon which the terminal hours will reduce to 00:00 Monday to Saturday and 23:30 on Sundays unless this condition is otherwise removed or varied by a subsequent variation application.

 

38.       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 Police or authorised officer throughout the entire 31-day period.

 

39.       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.

 

40.       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.

 

41.       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

(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, searching equipment or scanning equipment

(g)        any refusal of the sale of alcohol

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

 

42.       There shall be a minimum of (2) SIA licensed door supervisors after 10:00 pm until 30 mins past close on Thursday, Friday and Saturday. At all other times the management must complete a written risk assessment to be kept at the venue and made available on request of Police or authorised officials from Westminster City Council.

 

43.       There shall be no sales of hot food or hot drink for consumption off the premises after 23.00 hours.

 

44.       For the period in which the terminal hour for licensable activities is provided until 02:00 Monday to Saturday there shall be no admittance or re-admittance to the premises after 01:00 hours except for patrons permitted to temporarily leave the premises to smoke.  

 

45.       Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

 

46.       There shall be no sales of alcohol for consumption off the premises after 23.00 hours.

 

47        The supply of alcohol shall be ancillary to food after 23:00 hours.

 

48.       All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

 

49.       The number of persons accommodated at the premises (excluding staff) shall not exceed 250.

 

 

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Supporting documents: