Agenda item

Ward CIA*	Site Name & Address	Application Type	Licensing Reference No.
Marylebone High Street   N/A	Sixes 170 Great Portland Street London W1W 5Q	New Premises Licence, Licensing Act 2003	20/11485/LIPN
*Cumulative Impact Area

 

12WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.3

                                            (“The Committee”)

 

                                              Thursday 11 March 2021

 

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

 

Officer Support:       Legal Advisor:     Viviene Walker

                                Policy Officer:     Aaron Hardy

                                Committee Officer:     Cameron MacLean

                                Presenting Officer:     Jessica Donovan 

                              

Application for a Premises Licence – Sixes, 170 Great Portland Street, London W1W 5QB – 20/11485/LIPN

                                                     FULL DECISION

 

Premises

 

Sixes, 170 Great Portland Street, London W1W 5QB

 

Applicant

 

Sixes Cricket Limited

 

Cumulative Impact Area?

 

N/A

 

Ward

 

Marylebone High Street 

 

Proposed Licensable Activities and Hours

 

Late Night Refreshment

 

Monday to Thursday: 23:00 hours to 23:30 hours

Friday to Saturday: 23:00 hours to 00:00 hours

 

Seasonal variations / Non-standard timings:

 

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

·       On days preceding a Bank Holiday until midnight

 

Sale by retail of alcohol (on and off sales)

 

Monday to Thursday: 10:00 hours to 23:00 hours

Friday to Saturday: 10:00 hours to 00:00 hours

Sunday: 12:00 hours to 22:30 hours

 

Seasonal variations / Non-standard timings

 

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

·       On days preceding a Bank Holiday until midnight

 

Hours premises are open to the public

 

Monday to Thursday: 07:00 hours to 23:30 hours

Friday to Saturday: 07:00 hours to 00:30 hours

Sunday: 07:00 hours to 22:30 hours

 

Seasonal variations / Non-standard timings

 

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

·       On days preceding a Bank Holiday until 00:30 hours the following morning

 

 

Representations Received

 

·       Environmental Health Service (Ian Watson)

·       Metropolitan Police Service (PC Adam Deweltz) (withdrawn)

·       Weymouth Court Residents’ Association (withdrawn)

·       Portland Village Association (withdrawn)

·       Marylebone Association (withdrawn)

·       Sandra Blackman (local resident) (withdrawn)

·       Amy Somerville (local resident)

·       John Reilly (local resident)

·       Chris Murray (local resident)

·       David Bremner (local resident)

·       Angus Haldane (local resident)

 

Summary of Objections

 

·       Environmental Health expressed concern that the hours requested for the supply of alcohol would likely increase public nuisance in the area and that the hours requested for late-night refreshments would likely increase public nuisance and impact public safety;

·       Local residents expressed concern about the nature of the business proposed which they felt was out of keeping with the area.

 

 

Summary of Application

 

The application was for a new Premises Licence for “Sixes”, 170 Great Portland St, W1W 5QB, a Cricket themed Restaurant and Bar with a “Sixes Cricket Simulator” which used modern technology to offer customers of all ages and abilities, including children, a virtual opportunity to bat against renowned bowlers and have their scores recorded on an Electronic Leader Board.

 

It was proposed that there would be two cricket simulators, one at the front of the Premises and one at the rear of the Premises, each with two nets, and separated by a bar. The simulators would be available for customers to use during the day and in the evening. As well as a bar, there would be a cricket themed restaurant where alcohol would only be sold with a table meal.

 

It was anticipated that the Premises could accommodate up to 240 customers in the main part of the Premises and up to 80 customers in the restaurant area. As well as the sale of alcohol, it was proposed to offer takeaway food which, after 11 PM, would be by way of a delivery service only.

 

Policy Position

 

Under Policy HRS1, applications within the core hours will generally be granted subject to not being contrary to other policies in the SLP.

 

Under Policy RTN1(a), applications outside the West End Cumulative Impact Zone will generally be granted subject to matters set out in Policy RTN1(a).

 

Under Policy PB1, applications outside the West End Cumulative Zone will generally be granted subject to matters set out in Policy PB1.

 

SUBMISSIONS AND REASONS

 

 

Ms Donovan, Senior Licensing Officer, introduced the application that was before the Sub-Committee. In so doing, she noted that, during the consultation period, the Applicant had

amended the application, reducing the applied-for hours for licensable activities, as follows:

 

Sale by Retail of Alcohol

 

Monday to Thursday: 10 AM to 11 PM

 

Hours Premises Are Open to the Public

 

Monday to Thursday: 7 AM to 11:30 PM

Sunday: 7 AM to 10:30 PM

 

In addition, on Fridays and Saturdays and days preceding a Bank Holiday the Applicant had amended the application, as follows –

 

Sale by Retail of Alcohol

 

In the Restaurant Area: 10 AM to 11:30 PM

 

Hours Premises Are Open to the Public

 

7 AM to midnight

 

Regarding licensable activities in the Bar and Experiential Area, the Applicant had amended the application, as follows –

 

Sale of Late-Night Refreshment

 

11 PM to 11:45 PM

 

Sale by Retail of Alcohol

 

7 AM to 12:15 AM

 

Regarding representations that had been received, Ms Donovan noted that a number of these had been withdrawn following agreement on proposed conditions with the Applicant and the parties making the representations.

 

In conclusion, Ms Donovan noted that the Premises were located in the Marylebone High Street Ward, and were not within a Cumulative Impact Area (CIA).

 

Mr Jonathan Smith acting on behalf of the Applicant, a solicitor from Poppleston Allen, stated that, following consultation with the Residents’ Associations, agreement had been reached on a number of proposed conditions and hours of operation and the application had been amended, accordingly. Mr Smith detailed the conditions and amendments that had been agreed with the Residents’ Associations and, in so doing, highlighting some further amendments, and correcting minor typographical errors.

 

[The Members of The Sub-Committee then viewed a short promotional video as part of Mr Smith’s presentation.]

 

Mr Smith described the Premises’ cricket theme and how the cricket simulators would provide customers with a simulated cricket experience. He noted that the Applicant, Sixes Cricket Ltd, already had a cricket themed pub, the Lazy Fox, in Fulham which attracted all age groups. He stated that the Applicant would like to open the Premises at 7 AM to accommodate children and school groups. Referring to a 3D representation of the Premises, Mr Smith then described the layout of the restaurant and bar area and the simulated cricket nets. At this stage in the proceedings, he invited Mr Calum McKinnon of the Applicant company to address the Sub-Committee.

 

Mr Calum McKinnon, of Sixes Cricket Ltd, described his experience in the hospitality industry in the last 10 years, including opening and operating “Mac & Wild”, a Scottish restaurant brand with Premises in Fitzrovia and the City of London. He described how the bar fitted in with other Licensed Premises offering customers a variety of themed experiences, stating that the Premises would operate as an English gastropub with a fun element in the drinks on offer. In conclusion, he noted that the Premises was the right size to accommodate the cricket nets.

 

Mr Smith detailed the provisions in the existing Premises Licence, noting that the present application before the Sub-Committee, if granted, would mean the Premises opening hours would extend beyond the Council’s prescribed core hours, but the permitted times for the sale of alcohol would be within core hours.

 

He stated that the reason for seeking opening hours that went beyond core hours was to maximise the use of the cricket nets. Discussions had taken place with the Residents’ Associations (“the Associations”) on the proposed opening hours and the Applicant had provided the Associations with mobile telephone numbers and email addresses for Mr McKinnon and Hamish Hunter, the proposed Designated Premises Supervisor (DPS).

 

Mr Smith noted that a number of persons who had made representations had not participated in the consultation between Residents and the Applicant. However, in response to questions raised by those residents, the Applicant had provided information about the operation of the Premises and the Applicant company. In conclusion, Mr Smith stated he would address the representations that had not been withdrawn in his summing up at the end of the meeting.

 

In response to questions by Members of the Sub-Committee, Mr Smith and Mr McKinnon provided the following information.

 

(a)  Regarding proposed Condition 16, Mr Smith stated that, as food was a large component of the operation of the Premises, and because of the effects of the coronavirus pandemic, the Applicant may choose to operate a Late-Night Refreshment (LNR) delivery service after 23:00 hours.

(b)  Regarding the use of the rear doors to the Premises, Mr Smith stated that these would be used for deliveries to the Premises as they provided access to the kitchen and basement areas of the Premises. Mr McKinnon confirmed that it could be made a requirement that, should staff wish to smoke, that they use the front entrances to exit and enter the Premises.

(c)   Because of noise concerns at the rear of the Premises in Bolsover Street, any deliveries after 23:00 hours could be by way of the front entrance. Mr McKinnon stated that, it was not anticipated that there would be deliveries from the Premises after 23:00 hours. However, if there were deliveries after 22:00 hours, delivery drivers would be expected to use the front entrance to the Premises.

(d)  Regarding the use of the cricket nets in the early morning, Mr McKinnon stated it was not expected that people would arrive at 7 AM. He said it was more likely that people who had booked to use the nets at 8 AM may arrive at the Premises at 7:30 AM. He said that this was most likely to be families who had booked to use the net at the weekend, and that it was more likely that school groups would use the nets in the afternoons during the week.

 

Mr Ian Watson, Environmental Health Officer, stated that the application had been subject to pre-application advice. He noted that there were residents on Great Portland Street and on Bolsover Street. Referring to the Plan of the Premises on Page 20 of the Agenda Pack, Mr Watson noted that use of the Bolsover Street entrance to the Premises had previously given rise to noise complaints. Therefore, to address these concerns, the Applicant had agreed to a condition restricting the use of this entrance.

 

When considering pre-application advice, officers had taken into consideration the existing licence and the layout of the Premises. Using this information, the present application provided clearly demarcated areas within the Premises [Mr Watson then described the layout and capacity of the Premises].

 

Mr Watson stated he was aware that mediation had taken place between the Applicant and those Residents that had made representations, and that this had resulted in agreement being reached on a number of issues, including the use of tables and chairs outside the Premises (a Tables & Chairs Licence being required for the tables and chairs on Great Portland Street).

 

In conclusion, Mr Watson stated that the reduction in hours, in line with requests by Residents, was welcomed, as was the raft of Proposed Conditions agreed with the applicant.

 

(a)  It was anticipated that there would be a significant reduction in the current 580-person capacity of the Premises due to the space taken up by the cricket nets and the proposal that the basement would no longer be used as an area for customers.

(b)  The Environmental Health Service (EHS) having carried out a survey of the Premises had estimated that the maximum capacity of the Premises would be 550 persons. However, given the proposed use of the Premises, it was anticipated that the actual capacity would be less than this and the EHS would fix the permitted capacity once the Premises had been renovated.

(c)   Regarding access to the Premises by delivery vehicles from Bolsover Street and customers using motor vehicles to get to and from the Premises, Mr Watson described the layout of the adjacent highways and road restrictions around the Premises.

(d)  Regarding objections by residents that a themed cricket pub was not appropriate for these Premises and this location, Mr Watson stated that the size of the Premises was such that potential operators had said they would only be interested in occupying part of the Premises. In addition, the current application could be differentiated from other Sports Bars in Westminster in that the Applicant had not applied to show films, and licensable activities were restricted to core hours. In addition, a number of conditions had been proposed that were intended to prevent noise nuisance affecting residents in Bolsover Street.

 

Conclusion

 

The Sub Committee were mindful that this application had originally received a relatively high number of objections. The most common concern raised with the application was that it was out-of-keeping with the area and would not promote the licensing objectives by causing public nuisance. However, the Applicant had clearly sought to engage with both local residents and responsible authorities, as demonstrated by the fact that, during the consultation period, the Applicant had amended the application to reduce the hours for the sale of alcohol and the hours the Premises was open on Sundays. Furthermore, the Sub Committee noted that agreement had been reached with the various parties making representations on proposed conditions to be attached to the Premises Licence, should the application be approved, and that a number of parties, following this agreement had subsequently withdrawn their representations.

 

The Sub Committee noted that the Applicant had significant experience in the hospitality industry in the last 10 years. This application was a unique offering, in that customers of all ages and abilities, including children, would be offered a virtual opportunity to bat against renowned bowlers and have their scores recorded on an Electronic Leader Board. The Sub-Committee were grateful for the offer made by the Applicant, by way of a community benefit, to liaise with Westminster City Council to make the “Sixes Cricket Simulator” available in the afternoons for use by schools.

 

The Sub Committee’s view was that appropriate conditions had been proposed to promote the Licensing Objective of the Prevention of Public Nuisance at the rear of the Premises on Bolsover Street where there was a number of residential properties. Furthermore, the application, with minor exceptions which had been explained as to maximise the use of the cricket nets in the premises, was in accordance with the Council’s Policy on Core Hours and the reasons for the policy, as set out in the Council’s Statement of Licensing Policy.

 

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided , after taking into account all the circumstances of this application and the promotion of the licensing objectives to grant the application with the following permissions:

 

1.     To grant permission for Late Night Refreshment (Indoors)

Monday to Thursday: 23:00 to 23:30 hours

 

2.     To grant permission for Late Night Refreshment (Restaurant Area)

Friday to Saturday: 23:00 to 00:00 hours

 

Seasonal Variations: On days preceding Bank Holidays until midnight.

 

3.     To grant permission for Late Night Refreshment (Bar/Experiential Area)

Friday to Saturday: 23:00 to 23:45 hours 

 

Seasonal Variations: On days preceding Bank Holidays 23:00 to 23:45 hours

 

4.     To grant permission for Sale by Retail of Alcohol (On and Off Sales)

 

Monday to Thursday: 10:00 to 23:00 hours

Sunday: 12:00 to 22:30 hours

 

5.     To grant permission for Sale by Retail of Alcohol (Restaurant Area)

Friday to Saturday: 10:00 to 23:30 hours

 

Seasonal Variations: On days preceding Bank Holidays 10:00 to 23:30 hours

 

6.     To grant permission for Sale by Retail of Alcohol (Bar/Experiential Area)

Friday to Saturday: 10:00 to 23:45 hours            

 

Seasonal Variations: On days preceding Bank Holidays 10:00 to 23:45 hours            

7.     To grant permission for the Hours the Premises are open to the Public:

Monday to Thursday: 07:00 to 23:30 hours

Sunday: 07:00 to 22:30 hours

 

8.     To grant permission for the Opening Hours (Restaurant Area)

Friday to Saturday: 07:00 to 00:00 hours

 

Seasonal Variations: On days preceding Bank Holidays 07:00 to 00:00 hours.

 

9.     To grant permission for the Opening Hours (Bar/Experiential Area)

Friday to Saturday: 07:00 to 00:15 hours

 

Seasonal Variations: On days preceding Bank Holidays 07:00 to 00:15 hours.

 

10. That the Licence is subject to relevant mandatory conditions as specified in the Agenda papers.

 

11. 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.

 

Conditions imposed by the Committee after a hearing

 

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 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.All sales of alcohol for consumption off the premises shall only be to persons seated at the designated external seating area to the front of the premises on Great Portland Street within the area marked in green on the plan accompanying the application. External tables and chairs may be subject to being appropriately authorised for the use of tables and chairs on the highway”.

 

15.There shall be no sales of alcohol for consumption off the premises other than as outlined above in condition 14.

 

16.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. 

 

17.The only sale of hot food or hot drink for consumption off the premises after 23:00 will be by way of delivery to someone’s home or business”.

 

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

 

19.All emergency exit doors shall be available at all material times without the use of a key, code, card or similar means. 

 

20.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. 

 

21.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. 

 

22.Before the premises open to the public, the plans as deposited will be checked by the Environmental Health Consultation Team to ensure they are an accurate reflection of the premises constructed. 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. 

 

23.Members of the public, staff or delivery operatives of hot food after (23:00 hours, this time refers only to operatives) shall not access or exit the rear doors of the premises except in the event of an emergency. 

 

24.Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises. 

 

25. A waiter/waitress service shall be provided to all licensed areas.

 

26. Hatched area (cricket experience area) a. The supply of alcohol at the premises in the area hatched on the plan shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal, or to people who are taking part in an experiential experience. 

 

27.Cross Hatched area (restaurant area) b. The supply of alcohol at the premises in the area cross hatched on the plan shall only be to a person seated taking a table meal there and for consumption by such a person as ancillary to their meal. 

 

28.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. 

 

29.Loudspeakers shall not be located in the entrance lobby or outside the premises building. 

 

30. There shall be no more than 8 tables and 32 chairs outside in the area edged green on the plan and those tables and chairs shall be removed or rendered unusable after 22:00 hours.

 

31.No customers will be permitted to leave and re-enter the premises, for example to smoke who have drinks or glass containers with them.

 

32.The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner so as to ensure that there is no public nuisance or obstruction of the public highway. 

 

33.No deliveries to the premises shall take place between 17.00 and 08.00 hours on the following day. 

 

34.No collections of waste or recycling materials (including bottles) from the premises shall take place between 17.00 and 08.00 hours on the following day. 

 

35.No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 17.00 hours and 08.00 hours on the following day.  

 

36.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. 

 

37.Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly. 

 

38.No licensable activities shall take place until the premises has been assessed as satisfactory by the Environmental Health Consultation Team at which time this condition shall be removed from the Licence by the licensing authority. 

 

39.No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined. Such capacity shall not exceed 580 persons. 

 

40.A Challenge 21 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.

 

If problems are experienced, then an application for a review of the Premises licence

can be made.

 

INFORMATIVE

The Applicant has agreed to write to local residents confirming their commitment to an attractive, well-managed external space/frontage that adds amenity to the neighbourhood.

 

 

This is the Full Decision reached by the Licensing Sub-Committee. 

This Decision takes immediate effect.

The Licensing Sub-Committee

11 March 2021