Agenda item
6 Rathbone Place, W1T 1HL
|
Ward |
Site Name & Address |
Application |
Licensing Reference No. |
|
West End West End* None** |
6 Rathbone Place, W1T 1HL |
New Premises Licence |
21/06214/LIPN |
|
*Cumulative Impact Area |
|||
Minutes:
WCC LICENSING SUB-COMMITTEE NO. 3 (“The Committee”)
Thursday 4 November 2021
Membership: Councillor Jim Glen (Chairman) Councillor Richard Elcho and Councillor Maggie Carmen
Officer Support: Legal Advisor: Steve Burnett
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Kevin Jackaman
Application for a New Premises Licence in respect of6 RATHBONE PLACE
LONDON W1T 1HL 21/06214/LIPN
Present: Alun Thomas, Thomas and Thomas (Legal Representative, Shaftesbury Cl Limited), Julia Wilkinson (Applicant Company, Shaftesbury Cl Limited) Krystal
Moore (Applicant Company, Shaftesbury Cl Limited). Nick Pring (Proposed Tenant, of Urban Pubs & Bars) and Karyn Abbott (Licensing Authority)
Full Decision
Premises
6 Rathbone Place London W1T 1HL
Applicant
Cumulative Impact Area
West End
Ward
West End
Summary of Application
This is an application for a New Premises Licence under the Licensing Act 2003 (“The Act”). According to the application the Premises intends to operate as a traditional Public House.
Activities and Hours applied for:
Sale by retail of alcohol [both]
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Sundays before Bank Holidays: 12:00 to 00:00. 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.
Hours premises are open to the public
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:50
Sunday before Bank Holidays: 12.00 to 00.00
Late Night Refreshment:
Monday to Thursday 23:00 to 23:30
Friday to Saturday 23:00 to 00:00
Sundays before Bank Holidays: 12:00 to 00:00. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day
Live music, recorded music, performance of dance and anything of a similar
description :
Monday to Sunday 00:00 to 00:00
Films, Indoor sporting events:
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Sundays before Bank Holidays: 12:00 to 00:00
Representations received
· Metropolitan Police (PC Cheryl Boon) Withdrawn
· Environmental Health (Anil Drayan) Withdrawn
· Licensing Authority (Jessica Donovan)
Summary of issues raised by objectors
· The Licensing Authority had maintained representation on the grounds of the Prevention of Crime & Disorder, Protection of Children from Harm, Public Safety and Public Nuisance
Policy Position
Policies CIP1, PB1, PB1(B) and HRS1 of the City of Westminster Statement of Licensing Policy apply.
DECISION AND REASONS
The Sub-Committee considered an application by Shaftesbury Cl Limited for a New Premises Licence in respect of 6 Rathbone Place LondonW1T 1HL. The Presenting Officer provided a summary of the Application confirming the representation had been maintained by the Licensing Authority. There were also representations made by the Metropolitan Police and Environmental Health and both were withdrawn following the Applicant agreeing to additional conditions.
The Premises is situated in the West End Ward and the West End Cumulative Impact Zone.
Alun Thomas of Thomas, Legal Representative, Shaftesbury Cl Limited, stated that the Applicant had over 250 licensable properties in the Borough and that the proposed tenant Mr Nick Pring owned 34 Premises which were located around London. The Premises previously traded as the Black Horse Public House for over 150 years and the Applicant wished to restore the premises to this former use as a traditional public house.
The Sub Committee was informed that the former Premises Licence was surrendered in 2019 by the previous tenant. The previous tenant TYL Limited operated a late-night cocktail bar and had obtained a new Premises Licence to enable licensable activities until 01:00. The Applicant had applied to reinstate the Premises Licence which was surrendered by TYL Limited. He confirmed that the current licence which was transferred from TYL Limited to Shaftesbury Cl Limited and which allows for licensable activities until 01:00, will be surrendered. Mr Thomas confirmed that the application sought would be within core hours and that additional conditions had been agreed.
Mr Thomas acknowledged that an exception to policy would need to be demonstrated and commented that the Applicant would be surrendering a license which permitted a late-night bar until 01:00 in exchange for a licence with reduced operational hours. The new licence sought would also have additional restrictions.
Mr Thomas commented that Westminster City Council Planning Sub-Committee had agreed to grant the TYL Limited planning application and had noted the important role the premises played in supporting the local night-time economy and recognised that the application would not harm residential amenities.
Mr Thomas noted that the Premises was located within the Cumulative Impact Area and commented that it was reported that robberies and crime and anti-social behaviour rose in these localities during the later hours. He asserted that the premises closing at an earlier time would ensure that patrons are not put at risk of becoming victims of crimes.
Mr Thomas informed the Sub Committee that Shaftesbury Cl Limited were responsible landlords and had made various improvement in the West End with a good track record with their tenancies. He commented that the applicant was an active estate manager and had their own estate security team and managing agents.
Mr Nick Pring confirmed that he operated 34 pubs and bars and had overseen public houses in London for 20 years. These included notable public houses such as Gate House in Highgate, North London. This premises is to be reinstated as a traditional pub. The building will also be renovated. He commented that the premises operational hours would be within the core hours.
Mr Thomas advised that there would be minimum changes to the layout and that the bar area would be moved to the back of the first floor. Mr Thomas highlighted that Policy D12 and D15 stipulated which factors needed to be considered and commented that this included the transfer of existing operations and whether the size and location of the new Premises was likely to have a less detrimental impact and meet the licensing objectives. The Premises Licence sought would reduce the terminal hour from 01:00 to core hours and met Policy D15.
In response to questions from the Sub-Committee, Mr Thomas confirmed that an application to vary the existing licence was not made, as the Applicant did not wish to inherit a licence which was personal to the previous Premises Licence Holder. The previous licence also prohibited alcohol consumption outside the premises. He advised that the Applicant wished for this restriction to be removed along with the requirement for alcohol to be sold by waiter service.
Mr Thomas noted that Paragraph F67 of the Policy gave guidance about resurrecting a lapsed licence following insolvency and confirmed that the Applicant would be surrendering the old licence. He commented that the site would not be redeveloped or demolished, and that the Applicant sought to reinstate the unit to a previous use. He commented that the Policies would not be undermined. The Sub-Committee were advised that Shaftesbury Cl Limited had four other Premises within the vicinity.
Karyn Abbott, Licensing Authority, made representations that the Applicant had been consulted and the premises proposed hours of operations were within the core hours. She noted that the Applicant had agreed the additional conditions proposed by both the Metropolitan Police and Environmental Health. Ms Abbott advised that the previous licence was surrendered in 2019 and that the Application fell under Policy PB1 as there were no ancillary nature to the consumption of alcohol and that the Policy required for new licenses for pubs and bars in the Cumulative Impact Area should be limited to exceptional circumstances. The Sub-Committee were reminded that the Applicant must demonstrate that the Premises would not add to the cumulative Impact in the West End and be satisfied that ‘exceptional circumstances’ to Policy had been demonstrated by the Applicant.
Mr Thomas responded and reminded the Sub-Committee that the existing Licence operated until 01:00 and would have more of a cumulative impact than the proposed licence. He advised that the Applicant was a responsible landlord, and the proposed tenant was a good operator. Mr Thomas highlighted that the existing licence would be surrendered and be replaced with a dormant licence and new model conditions. He advised that patrons would not be able to consume alcohol outside the Premises after 23:00 and that all off sales would be in sealed containers apart from areas immediate adjacent to the Premises. He advised that conditions which ensure that the immediate area of the Premises are kept clean and litter free had been accepted. The Sub-Committee was advised that a condition which requires for patrons to be supervised whilst drinking and smoking in the external areas so that that they do not cause any nuisances in the public highway had also been agreed.
In response to the Legal Officer, Mr Thomas confirmed that the Applicant would agree for Condition 12 to be amended. The word ‘Existing’ be replaced with ‘Written operations’. The condition would read Written operations for procedures and policies regarding risk assessments, training of staff and all aspects of regulatory compliance and measures to prevent noise nuisance shall apply. This was agreed.
Mr Burnett, Legal Advisor to the Sub Committee asked for clarification in relation to the apparent capacity increase which could add to adverse issues in the area. Mr Thomas responded that a capacity on the ground floor was not stipulated by the Environmental Health or District Surveyors as there was direct access to the street. He advised that the ground floor could accommodate 80 and 90 persons. Furthermore, he confirmed that the capacity on the first floor would be restricted and that the previous licence had an overall capacity of 120 and enabled alcohol consumption until 01:00. In response to the Policy Officer, Mr Thomas advised that the Applicant agreed to reduce operational hours on Sunday to 22:30
Conclusion
The Sub-Committee noted that the Application was for a new Premises Licence in the Cumulative Impact Area and so required exceptional circumstances. The Sub-Committee noted that the Applicant had agreed to reduce the current operational hours to be within the Council’s core hours. The existing licence with longer hours was to be surrendered and the history of the Premises was also considered. The Sub Committee found that there were exceptional circumstances as to why the Application should be granted subject to the conditions in the papers.
The Committee has determined an application for a grant of a new Premises Licence under the Licensing Act 2003 (“The Act”).
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 individual circumstances of this case and the promotion of the four licensing objectives: -
1. To grant permission for regulated entertainment and late-night refreshment. (Indoors):
a) Live music, recorded music, performance of dance and anything of a similar description - 24hrs
b) Late Night Refreshment –
Monday to Thursday 23:00 to 23:30
Friday to Saturday 23:00 to 00:00
Sundays before Bank Holidays: 23:00 to 00:00. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day
c) Films and Indoor sporting events –
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Sundays before Bank Holidays: 12:00 to 00:00
2. To grant permission for the sale of alcohol. (On and off sales):
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Sundays before Bank Holidays: 12:00 to 00:00. 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.
3. To grant permission for the premises to open to the public:
Monday to Thursday 10:00 to 23:30
Friday to Saturday 10:00 to 00:00
Sunday 12:00 to 22:30
Sunday before Bank Holidays: 12.00 to 00.00
4. That the new premises licence is subject to any relevant mandatory conditions.
5. That the new premises licence is subject to the following conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.
Conditions imposed by the Committee after a hearing with the agreement of the Applicant
6. The terminal hour for late night refreshment on New Year's Eve is extended to 05:00 on New Year's Day.
7. The number of persons accommodated at any one time (excluding staff) shall not exceed 60 on the first floor.
8. Written operational procedures and policies regarding risk assessments, training of staff and all aspects of regulatory compliance and measures to prevent noise nuisance shall apply.
9. Emergency exit and doors are to open in the direction of escape.
10. Alcohol may be sold or supplied:
(i) On Monday to Thursday, 10:00 to 23:30.
(ii) On Friday to Saturday, 10:00 to 00:00
(iii) On Sundays, 12:00 to 22:30.
(iv) On Sundays, immediately prior to a Bank Holiday, 12:00 to 00:00
(v) 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, 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.
11. Customers to be off the premises by no later than the terminal hours set out above save that on Sundays when the terminal hour is 10.30pm, customers must be off the premises by no later than 10.30 pm.
12. Credit card sales to be allowed, subject to the proviso that customers are to be presented with an itemised bill.
13. 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 9pm (9.30pm if taking a table meal accompanied by an adult).
Conditions proposed by Environmental Health and agreed by the applicant so as to form part of the operating schedule
14. 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.
15. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
16. 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.
17. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.
18. No waste or recyclable materials, including bottles, shall be moved, removed from, or placed in outside areas between (23.00) hours and (07.00) hours on the following day.
19. No collections of waste or recycling materials (including bottles) from the premises shall take place between (23.00) and (07.00) hours on the following day.
20. After 23:00 hours 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.
21. No deliveries to the premises shall take place between (23.00) and (07.00) hours on the following day.
22. No licensable activities shall take place at the premises until premises licence 21/07718/LIPT (or such other number subsequently issued for the premises) has been surrendered and is incapable of resurrection.
Conditions proposed by the Police and agreed by the applicant so as to form part of the operating schedule
- (a) The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
(b) All entry and exit points will be covered enabling frontal identification of every person entering in any light condition.
(c) The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises and will include the external area immediately outside the premises entrance.
(d) All recordings shall be stored for a minimum period of 31 days with date and time stamping.
(e) Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
- 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 is 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.
- 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.
- 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.
- 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.
- There shall be no self-service of Alcohol.
- There shall be no sales of alcohol for consumption off the premises after 23.00 hours.
- All sales of alcohol for consumption off the premises, save for areas immediately adjacent to the premises, shall be in sealed containers only.
- 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.
- The premises licence holder shall ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are properly supervised by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
- As soon as possible, and in any event within 1 month from the grant of this licence, the premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.
This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith.
The Licensing Sub-Committee
4th November 2021
Supporting documents:
PDF 11 MB