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Agenda item

Ku Bar, 29 - 30 Lisle Street, WCH 7BA

 

Ward
CIA*
SCZ**

Site Name & Address

Application
Type

Licensing Reference No.

St James’s

West End*

None**

Ku Bar

29 - 30 Lisle Street

London

WC2H 7BA

Variation to the Premises Licence

21/01595/LIPV

*Cumulative Impact Area
** Special Consideration Zone

This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3

(“The Committee”)   

 

Thursday 22 July 2021

 

Membership:      Councillor Jim Glen (Chairman), Councillor Barbara Arzymanow and Councillor Rita Begum

 

Officer Support:  Legal Adviser:        Viviene Walker

                           Policy Officer:         Aaron Hardy

                           Committee Officer: Cameron MacLean

                           Presenting Officer:  Jessica Donovan

                            

Application for a Variation of Premises Licence – Ku Bar 29-30 Lisle Street, London WC2H 7BA - 21/01595/LIPV

 

 

                                                 FULL DECISION

 

 

Premises

 

Ku Bar

29-30 Lisle Street

London WC2H 7BA

 

Applicant

 

Allied Promotions Limited

 

Cumulative Impact Area?

 

West End

 

Ward

 

St James’s

 

 

Summary of Application

 

This is an application for a variation of a Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises operate as a bar. The Premises have had the benefit of a Premises Licence 18/09822/LIPCH from 2005.

 

Proposed Licensable Activities and Hours

 

The Applicant wishes to vary the licence as follows:

 

·       To vary the terminal hour on the ground and first floor for all licensable activities and the opening hours to 01:00 the following day on Monday to Saturday and Sundays immediately before Bank Holidays Mondays until 31 May 2023.

 

·       To add the following condition until 31 May 2023:

 

The permitted terminal hours for licensable activities on the ground and first floor shall be 1 am the following day on Monday to Saturday and Sundays immediately before Bank Holiday Mondays until 31 May 2023.  From 1 June 2023 the terminal hours for licensable activities shall revert back to Core Hours unless this condition is removed from the Premises Licence by way of a variation application.

 

·       Amend condition 29 until 31 May 2023 to reflect the new proposed terminal hours.

 

·       Amend condition 30 until 31 May 2023 to the following:

 

On the Ground and First Floors, customers to be off the premises by 01:00 Monday to Saturday and on Sundays immediately prior to Bank Holidays and 22:50 on Sundays.

 

Representations Received

 

·       Environmental Health Service (Withdrawn 28 April 2021)

·       Metropolitan Police Service (Adam Deweltz)

·       Licensing Authority (Roxsana Haq)

 

 

Summary of Objections

 

·       The venue is situated within the Cumulative Impact Area and if granted the application would undermine the Licensing Objectives in relation to the Prevention of Crime and Disorder.

·       There are concerns in relation to this application and how the premises would promote the four Licensing Objectives.

 

 

Policy Position

 

Under Policy CIP1, it is the Licensing Authority’s policy to refuse applications in the Cumulative Impact Areas for pubs and bars, fast food premises and premises offering facilities for music and dancing, other than applications to vary hours within the Core Hours under Policy HRS1.  Applications for other licensable activities in the Cumulative Impact Areas will be subject to other policies and must demonstrate that they will not add to cumulative impact in the Cumulative Impact Areas.

 

Under Policy HRS1, applications for hours within the Core Hours would, generally, be granted.  Applications for hours outside Core Hours would be considered on their merits, subject to other relevant policies.

 

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

 

                      

 

                                             SUBMISSIONS AND REASONS

 

Ms. Donovan, Senior Licensing Officer, outlined the application, Ms. Donovan explained that the Applicant had applied to vary the terminal hours on the ground floor and first floor of the Premises for all licensable activities and the opening hours to 01:00 Monday to Saturday and Sundays immediately before bank holiday Monday until 31 May 2023.  The Applicant also sought to amend conditions 29 and 30 of the existing licence conditions.  Representations were received from 32 supporters to the application.  Representations had been received from the Responsible Authorities.  The Premises are situated in the St. James’s Ward and are within the West End Cumulative Impact Area.

 

Mr Jack Spiegler of Thomas & Thomas Partners, acting on behalf of the Applicant, Allied Promotions Limited introduced the application to the Members of the Sub-Committee.

In response to a question by the Chairman, Mr Spiegler stated that the video clips that had been submitted to the Sub-Committee for their information were examples of added difficulties faced by Mr Henshaw in operating the Premises in the current economic conditions caused by the coronavirus pandemic, that is, football hooligans attending EURO 2020 events staged in Westminster who were responsible for extensive and costly criminal damage when they attempted to break into the applicant’s Premises.

Mr Gary Henshaw  of the Applicant Company provided a brief history of the Premises, including describing the layout and operation of Ku Bar, Lisle Street Premises, including a basement bar, “Ku Bar”, which had a capacity for 160 persons, but which was not part of the present application, a ground floor bar with a capacity for 230 persons which was currently operating at less than 50 percent capacity to keep the Premises safe in the current Covid-19 conditions (most customers being seated); and a first floor high end cocktail bar and cabaret lounge with capacity to accommodate up to 100 persons, which was currently operating at 80 percent capacity.

Mr Spiegler then summarised the conditions agreed by the Applicant in respect of Ku Bar at Frith Street.  He stated that the Applicant was willing to accept the same and/or similar conditions with regard to the current application, identifying, in the process, some minor variations in the proposed conditions in the current application. Mr Spiegler noted that each application had to be considered on its merits and that the application included several unique characteristics, including keeping LGBTQ+ venues alive, thereby benefiting Soho’s diversity, and keeping a historically marginalised community and the wider community safe in accordance with the Westminster City Council’s public sector duty under the Equality Act 2010. Therefore, ensuring the continued existence of independently owned LGBTQ+ Premises in the West End would have a positive impact.

 

PC Bryan Lewis on behalf of the Metropolitan Police Service stated that the Metropolitan Police Service (MPS) had maintained its representations opposing the application on the basis that, if granted, the application would undermine the Licensing Objective of the Prevention of Crime and Disorder as the Premises were located in the West End Cumulative Impact Area (CIA) and the application was contrary to the Council’s cumulative impact policies.

PC Lewis then gave a brief description of the concerns that the application raised for the Police, notably that people would be drinking for longer in the West End CIA, thereby increasing the risk of crime and disorder, including the potential for customers leaving the Premises to become victims of crime.

In response to the questions by the Members of the Sub-Committee, PC Lewis stated that longer opening hours on Thursdays to Saturdays had a greater effect on the cumulative impact in an area than did later opening hours during the rest of the week. In addition, policing Lisle Street was made more complicated by the fact that it was largely pedestrianised and had benefited from the Council’s alfresco policy which allowed tables and chairs to be placed on the public highway in an effort to allow customers of Licensed Premises to socially distance in accordance with the Coronavirus Regulations.

Ms Roxsana Haq on behalf of the Licensing Authority summarised the representations of the Licensing Authority as set out in the papers before the Sub-Committee and confirmed that the Licensing Authority maintained the representations as the premises fall within the West End CIA.

In response to a question by the Chairman, Ms Haq confirmed that the Council’s Statement of Licensing Policy included a policy promoting inclusivity in the early evening and night-time economy.

At the invitation of the Chairman, the Sub-Committee heard an oral representation Mr Brian Hannon of the Soho Business Alliance in support of the application.

Mr Hannon described the history and activities of the Soho Business Alliance (“the Alliance”) which had recently been formed to assist businesses in Soho in response to the economic and social consequences of the coronavirus pandemic. In particular, Mr Hannon referred to –

1.     The continuing and lasting effects of the economic impact of the coronavirus pandemic on businesses in Soho.

2.     The history of Mr Henshaw, the applicant, as an operator of LGBTQ+ Premises for many years, including 15 years as the only independent LGBTQ+ Premises operator in Soho.

3.     The characteristics of LGBTQ+ Premises, which provided safe and secure venues for the LGBTQ+ community.

Mr Hannon stated that Soho was the cultural LGBTQ+ leader in London and the UK. He stated that the present application by an independent operator represented diversity within the community and which was in accordance with the Council’s Statement of Inclusivity. On that basis, he commended the application to the Members of the Sub-Committee.

In response to questions by Members of the Sub-Committee Mr Hannon described the complex and varying effects of footfall on different businesses within Soho and the generally law-abiding nature of the LGBTQ+ community. In addition, the Soho Business Alliance worked closely with local residents, noting that Soho was the second largest square mile in terms of employment next to the City of London. Given the mix of residents and businesses, the Soho Business Alliance had many Residential Members as well as Business Members.

In response to questions by the Chairman about how businesses operating late-night venues and residents coexisted in Soho and whether the applicant would be willing to accept a condition that the variation to the existing Premises Licence, if granted, would be restricted to his operation of the Premises and no other operator.  Mr Henshaw described how the Premises had operated TENs over a three- or four-day period until 03:00 without complaint, thereby demonstrating the effectiveness of the Premises’ Dispersal policy, and how he would be willing to accept a condition limiting any extension of the operating hours granted under the application to vary the Premises Licence to him personally and excluding any other operator.

 

Conclusion

 

The Sub-Committee appreciated the fact that the Applicant had positively engaged with the Responsible Authorities.  The Sub-Committee noted that the Applicant had operated the Premises for many years without complaint, including a number of Temporary Event Notices until 03:00 hours.  It was also noted that the Soho Society had acknowledged that the Premises were well managed.

 

The Sub-Committee was satisfied that the Premises were operated in such a way as to promote the Licensing Objectives.  The Sub-Committee were mindful of the significant number of written representations received in support of the application.

 

The Sub-Committee noted that the application was for a time limited variation of the existing Premises Licence which would be in line with the Council’s Statement promoting inclusivity in the evening and night time economy as set out in the Council’s Statement of Licensing Policy.

 

The Sub- Committee appreciated that the Applicant was agreeable to the imposition of a number of licence conditions which would promote the Licensing Objectives, ensuring that the extended hours of operation would not add to the cumulative impact in the area.  The Sub-Committee noted that:

 

(a)  Any variation to the existing Premises Licence would not be transferable and only the applicant, as the current operator, would be permitted to operate the Premises in accordance with any approved variation to the existing Premises Licence.

(b)  As agreed with the applicant during the course of the proceedings, there would be a minimum of two SIA approved door supervisors on duty at all times the Premises was operating during the hours permitted by any approved variation to the existing Premises Licence; and

(c)  The Dispersal Policy included in the application for the Premises Licence variation, with the applicant’s agreement, would be available on the Premises at all times for inspection should such a request be made by a either a Police Officer and/or or authorised officer of Westminster City Council.

 

Accordingly, the Sub-Committee concluded that the licence would promote the Licensing Objectives.

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the 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 to extend the permitted terminal hours for Exhibition of Films within the ground and first floor areas of the premises to 01:00 Monday to Saturday and Sunday 22:30 until 31 May 2023.  Seasonal Variations: Sunday immediately before Bank Holiday Monday 12:00 to 01:00.

 

 

2.     To grant permission to extend the permitted terminal hours for Late Night refreshment within the ground and first floor areas of the premises to 01:00 Monday to Saturday until 31 May 2023.  Seasonal Variations:  The terminal hour for late night refreshment on New Year’s Eve is extended to 05:00 on New Year’s Day.  Sunday immediately before Bank Holiday Monday 23:00 to 01:00.

 

3.     To grant permission to extend the permitted terminal hours for Sale by Retail of Alcohol within the ground and first floor areas of the premises to 01:00 Monday to Saturday and Sunday 12:00 to 22:30 until 31 May 2023. 

Seasonal Variations: Sunday immediately before Bank Holiday Monday 12:00 to 01:00.

 

4.     To grant permission to extend the permitted terminal hours the Premises are open to the Public within the ground and first floor areas of the premises to 01:00 Monday to Saturday and Sunday 12:00 to 22:50.

Seasonal Variations: Sunday immediately before Bank Holiday Monday 12:00 to 01:00.

 

5.     To grant permission to amend Condition 29 of the Premises Licence to reflect the new extended terminal hours until 31 May 2023.

 

6.     To grant permission to amend Condition 30 of the Premises Licence as specified in Condition 12 below.

 

7.     To add conditions in the terms specified below.

 

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

 

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

 

10. 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.

 

 

 

 

 

 

 

The varied Licence is subject to the following Conditions

Conditions reproducing the effect of conditions subject to which the relevant existing licences have effect

Conditions relating to regulated entertainment: Basement Floor

 

10.      This licence is subject to all the former Rules of Management for Places of Public Entertainment licensed by Westminster City Council, in force from 4 September 1998 and incorporating amendments agreed by the Council on 25 October 1999, 30 June 2000, 16 January 2001 and 1 October 2001.

 

11.      Notwithstanding the provisions of Rule of Management No. 6 the premises may remain open for the purposes of this licence from 23:00 on each of the days Monday to Saturday to 03:00 on the day following and from 23:00 to midnight Sundays.

 

12.     The sound system(s) used or installed on the premises shall not be operated without being set and governed to the satisfaction of an authorised officer from the Environmental Health Department.

 

13.      No alteration or modification to any existing sound system should be effected without prior knowledge of the Environmental Health Department.

 

14.      No doors giving access/egress to the premises shall be fixed open after 11pm unless the sound limiter has been set with the doors open.

 

15.      No additional sound generating equipment shall be used on the premises without being routed through the sound limiter device.

 

All Floors:

 

16.      The exhibition of films is restricted to films not involving the use of real film (e.g. Video) where exhibitions are incidental or subsidiary to the main use of the premises.

 

Conditions for Sale of Alcohol

 

17.     On any event where the premises or part of the premises are open for the purpose of Music and Dancing and a Special Hours Certificate is being operated, intoxicating liquor shall not be sold or supplied after 22:30, to persons entering that part of the premises except:

a) persons who have paid or had paid on their behalf, a minimum admission fee, such fee to be specified when the Special Hours Certificate is granted, and such fee not to be credited against intoxicating liquor or consumables; or

           b) artistes or persons employed at premises; or

c) persons attending a private function on the premises.

 

18.     No striptease, no nudity and all persons on the premises to be decently attired.

 

19.      There shall be no payment made by or on behalf of the licensees to any person for bringing customers to the premises.

 

20.      Substantial food and non-intoxicating beverages shall be equally available throughout the permitted hours.

 

Conditions which reproduce the effect of any restriction imposed on the use

of the premises by specified enactments.

 

For the Basement Floor:

 

21.      (a)      Subject to the following paragraphs, the permitted hours on weekdays shall commence at 10.00 (12.00 on Christmas Day and Good Friday) and extend until 03.00 on the morning following, except that:

 

(i) the permitted hours shall end at 00.00 midnight on any day on which music and dancing is not provided after midnight; and

 

(ii) on any day that music and dancing between 00.00 midnight and 03.00, the permitted hours shall end when the music and dancing end;

 

(b) In relation to the morning on which summer time begins, paragraph (a) of this condition shall have effect.

 

(i)              with the substitution of references to 04.00 for references to 03.00

 

(c)      Except on Sundays immediately before bank holidays (apart from Easter Sunday), the permitted hours on Sundays shall commence at 12.00 and extend until 00.00 on the morning following, except that –

 

(i)              the permitted hours shall end at 00:30 on those days where there are private functions.

 

(d)      On Sundays immediately before bank holidays (other than Easter Sunday), the permitted hours shall commence at 12.00 and extend until 03.00 on the morning following, except that –

 

(i)              the permitted hours shall end at 00.00 midnight on any Sunday on which music and dancing is not provided after 00.00 midnight; 

 

(ii)       where music and dancing end between 00.00 midnight on any Sunday and 03.00, the permitted hours on that Sunday shall end when the music and dancing end.

 

(e)      The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

 

(f)       The permitted hours on New Year’s Eve will extend to the start of permitted hours on the following day, or if there are no permitted hours on 1 January, to 00.00 on New Year's Eve.

 

 NOTE: The above restrictions do not prohibit:

 

(a)      during the first thirty minutes after the above hours the consumption of the alcohol on the premises;

(b)      during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

(c)      the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

(d)      the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

(e)      the sale of alcohol to a trader or registered club for the purposes of the trade or club;

(f)       the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of her Majesty's naval, military or air forces;

(g)      the taking of alcohol from the premises by a person residing there;

(h)      the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied;

(i)              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

 

In this condition, any reference to a person residing in the premises shall be construed as including a person not residing there but carrying on or in charge of the business on the premises.

 

22.      If any entertainment is provided for children or if an entertainment is provided at which the majority of persons attending are children, then, if the number of children attending the entertainment exceeds 100, it shall be the duty of the holder of this premises licence / club premises certificate:

 

(a) to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or to any part thereof, than the building or part can properly accommodate,

(b) to control the movement of the children and other persons admitted while entering and leaving the building or any part thereof, and

(c) to take all other reasonable precautions for the safety of the children.

 

23.      This licence (or certificate) will be subject to any restrictions imposed on the use of the Regulations 1955 as amended by the Cinematograph (Safety) Regulations 1958, the Cinematograph (Safety) Regulations 1965, the Cinematograph (Safety) (Amendment) Regulations 1976, the Cinematograph (Safety) (Amendment) Regulations 1982 and the Cinematograph (Safety) (Amendment) Regulations 2002.

 

24.      The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.

 

 

 

Conditions consistent with the operating Schedule

 

25.      The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of a Metropolitan Police Crime Prevention Officer. 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. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period.

 

26.      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 to the public. This staff member shall be able to show Police recent data or footage with the absolute minimum of delay when requested.

 

27.      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

d) any incidents of disorder

e) any faults in the CCTV system or searching equipment or scanning equipment

f) any refusal of the sale of alcohol

g) any visit by a relevant authority or emergency service.

 

28.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed the following:

Basement: 150 persons

Ground Floor: 200 persons

First Floor: 100 persons

 

 

Conditions attached after a hearing by the licensing authority

 

29.      Ground and First Floors: Alcohol shall not be sold, supplied, consumed in or taken from the premises except during permitted hours.

 

In this condition, permitted hours means:

           (a) Monday to Thursday 10.00 to 23.30.

(b) Friday to Saturday 10:00 to 00:00.

(c) Sundays 12.00 to 22.30.

(d) Sundays immediately prior to Bank Holidays 12:00 to 00:00

(e) On New Year's Eve from the end of permitted hours on New Year's Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, 00.00 midnight on 31st December).

 

 

 

 

NOTE - The above restrictions do not prohibit:

 

a)    the sale or supply of alcohol to or the consumption of alcohol by any person residing in the licensed premises;

b)    the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

c)     the sale of alcohol to a trader or registered club for the purposes of the trade or club;

d)    the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air forces;

e)  the taking of alcohol from the premises by a person residing there;

f)   the supply of alcohol for consumption on the premises to any private

     friends of a person residing there who are bona fide entertained by him at

     his own expense, or the consumption of alcohol by persons so supplied;

g)  the supply of alcohol for consumption on the premises to persons

    employed there for the purposes of the business carried on by the holder

    of the licence, or the consumption of liquor so supplied, if the liquor is

    supplied at the expense of their employer or of the person carrying on or

    in charge of the business on the premises.

 

 In this condition, any reference to a person residing in the premises shall be

 construed as including a person not residing there but carrying on or in charge of

 the business on the premises.

 

30.      On the Ground and First Floors, customers to be off the premises by 23:30 Monday to Thursday, 00:00 Friday and Saturday, 22:50 on Sunday and 00:00 on Sunday immediately prior to Bank Holidays.

 

31.      On the Basement Floor, customers to be off the premises by 03:30 Monday to Saturday and 00:30 on Sunday.

 

32.      Credit card sales to be allowed, subject to the proviso that customers are to be presented with an itemised bill.

 

33.      All persons under the age of 14 shall be accompanied at all times by an adult. No person under 14 shall be allowed to remain in the bar area after 21:00 (21:30 if taking a table meal accompanied by an adult).

 

Additional Conditions imposed by the Committee after a hearing

 

34.         The permitted terminal hour for licensable activities shall be 1am the

         following day on Monday to Saturday and Sundays immediately before

         Bank Holiday Mondays until 31 May 2023.  From 1 June 2023 the terminal

         hours for licensable activities shall revert back to Core Hours unless this

         condition is removed from the Premises Licence by way of a variation

         application.   

 

35.         The permitted extended terminal hours shall only apply when the

              Premises are operated by Allied Promotions Limited as a LGBTQ+ Venue.

 

36.         Customers on the ground and first floor shall vacate the Premises by 01:00

   Monday Saturday and on Sunday immediately prior to Bank Holidays and

   22:50 on Sunday until 31 May 2023. 

 

37.         At least 2 SIA licensed door supervisors shall be on duty during the

   extended hours until 31 May 2023.

38.         A copy of the Premises Dispersal Policy shall be made readily available at

   the Premises for inspection by a Police officer and/or an authorised officer    

   of Westminster City Council.

 

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

This Decision takes immediate effect.

 

Licensing Sub-Committee

22 July 2021.

 

Supporting documents: