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Agenda item

London Cocktail Club, Basement, Portland House, 4 Great Portland Street, W1W 8QJ

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End

* West End

**  None

London Cocktail Club,       Basement, Portland House,    4 Great Portland Street, W1W 8QJ

Premises Licence Variation

21/07628/LIPV

*Cumulative Impact Area
** Special Consideration Zone

 

Minutes:

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 5

(“The Committee”)

 

Thursday 25th November 2021

 

Membership:           Councillor Murad Gassanly (Chair), Councillor Richard Elcho and Councillor Rita Begum

 

 

Officer Support:       Legal Advisor:         Viviene Walker

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Tristan Fieldsend

                                Presenting Officer:  Kevin Jackaman

 

 

Application for a New Premises Licence 21/07628/LIPV

 

Full Decision

 

Premises

 

London Cocktail Club

Basement

Portland House

4 Great Portland Street

London

W1W 8QJ

 

 

Applicant

 

The London Cocktail Club Limited

Represented by Lana Tricker (Solicitor – LT Law)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

Ward

 

West End

 

 

Summary of Application

 

The Premises currently operated as a Cocktail Lounge and were seeking to extend the terminal hour for all licensable activities and opening hours on Thursdays, Fridays and Saturdays for a time limited period until 30 March 2023. The Premises are located within the West End Cumulative Impact Zone.  

 

 

Proposed Variations to the Activities and Hours

 

Exhibition of Films

 

Monday to Wednesday 10.00 to 23.30

Thursday 10:00 to 00:30

Friday to Saturday 10:00 to 01:30

Sunday 12:00 to 22:30

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Performance of Live Music

 

Monday to Wednesday 23.00 to 23.30

Thursday 10:00 to 00:30

Friday to Saturday 10:00 to 01:30

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Playing of Recorded Music

 

Monday to Wednesday 10.00 to 23.30

Thursday 10:00 to 00:30

Friday to Saturday 10:00 to 01:30

Sunday 12:00 to 22:30

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Late Night Refreshment (Indoors)

 

Monday to Wednesday 23.00 to 23.30

Thursday 23:00 to 00:30

Friday to Saturday 23:00 to 01:30

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Retail Sale of Alcohol [On Sales]

 

Monday to Wednesday 10.00 to 23.30

Thursday 10:00 to 00:30

Friday to Saturday 10:00 to 01:30

Sunday 12:00 to 22:30

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Hours Premises are Open to the Public

 

Monday to Wednesday 10.00 to 23.30

Thursday 10:00 to 00:30

Friday to Saturday 10:00 to 01:30

Sunday 12:00 to 22:30

 

 

 

 

Seasonal Variations/Non-standard timings:

 

The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Conditions Proposed to be Added

 

1.     There shall be a minimum of 2 SIA on Friday and Saturday nights and a minimum of 1 SIA on Thursday night, between 9pm and 15 mins after the premises closes. Their SIA licences shall be displayed at all times.  This condition shall be in force for a limited period until 30 March 2023.

 

2.     There shall be a 15-minute wind down period prior to the end of licensable activities on Thursday, Friday and Saturday trading nights.  The style tempo and volume of music shall be consistent with the wind down period.  This condition shall be in force for a limited period until 30 March 2023.

 

3.     On Thursdays there shall be no admittance or readmittance to the premises after 23.30 except for patrons permitted to temporarily leave the premises to smoke. This condition shall be in force for a limited period until 30 March 2023.

 

4.     On Fridays and Saturdays there shall be no admittance or readmittance to the premises after midnight except for patrons permitted to temporarily leave the premises to smoke. This condition shall be in force for a limited period until 30 March 2023.

 

5.     On Thursdays the capacity of patrons within the premises shall be reduced to 150 after midnight. This condition shall be in force for a limited period until 30 March 2023.

 

6.     On Fridays and Saturdays, the capacity of patrons within the premises shall be reduced to 150 after 00.30.  This condition shall be in force for a limited period until 30 March 2023.

 

7.     The variation of hours under ref:  xxxx shall be permitted for a limited period until 30 March 2023 only.

 

8.     Condition 36 (There shall be a minimum of one SIA security person on duty Friday and Saturday from 9pm until 15 minutes after the premises closes) shall be suspended until 30 March 2023.

 

9.     On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

 

Representations Received

 

·       The Licensing Authority (Roxsana Haq)

 

 

Summary of issues raised by objector

 

·       It was noted that this was a time limited application seeking extended hours to help the business recover from the Covid-19 pandemic however it was noted that the extension was for a period beyond the current lifting of Covid-19 restrictions. The Licensing Authority would therefore require further submissions from the applicant justifying the period sought.

 

·       The applicant was required to provide submissions as to how the operation of the Premises would not add to cumulative impact in the West End cumulative impact area.

 

·       Notwithstanding that this was a time limited application, the applicant was seeking hours in excess of core hours in the West end cumulative impact zone, the applicant would have to demonstrate exceptional circumstances to allow a departure from the Policy.

 

 

Policy Position

 

Under Policy CIP1 it is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone for: pubs and bars, fast food premises, and music and dancing and similar entertainment, other than applications to 1. Vary the hours within Core Hours under Policy HRS1 and/or 2. Vary the licence to reduce the overall capacity of the premises.  Applications for other premises types within the West End Cumulative Impact Zones will be subject to other policies within this statement and must demonstrate that they will not add to cumulative impact.

 

Under Policy HRS1, applications for hours outside the core hours set out in Clause C will be considered on their merits, subject to other relevant policies and with particular regard to the matters set out in Policy HRS1.

 

Under Policy PB1(B) it is the Licensing Authority’s policy to refuse applications within the West End Cumulative Impact Zone other than 1. Applications to vary the existing licence hours within the Council’s Core Hours HRS1. 2. Applications that seek to vary the existing licence so as to reduce the overall capacity of the premises.

 

 

 

 

 

 

 

 

DECISION AND REASONS

 

Mr. Kevin Jackaman, Senior Licensing Officer introduced the application.

 

Ms Tricker, representing the applicant, explained that the application before the Sub-Committee was for a time limited period seeking an extension in hours for licensable activities for only three days a week. For clarity Ms Tricker highlighted that the date when the proposed variation would end would be 18 months from when the application was first lodged. The application had been made in response to the Covid-19 pandemic and although it was recognised that the lockdown period was over it had a detrimental impact on the business. Ms Tricker then provided an overview of the style of operation at the Premises and detailed how it was an established business in the area.

 

Ms Tricker brought to the Sub-Committee’s attention the additional conditions which would be placed on the licence, in particular capacity would be reduced during the extended hours and a last entry time would be imposed. This would help keep customers inside the Premises and reduce the potential for them to move on into the Cumulative Impact Area (CIA). The Police and Environmental Health had not submitted any representations and no objections had been received from local residents. It was recognised that the Licensing Authority had maintained their representation, but the Sub-Committee was advised this was based on policy grounds as the Premises were located within a CIA. The operation at the Premises would not change during the extended hours and a number of TENs had been successfully operated without any issues arising. The security conditions had been strengthened following consultation with the Police, a waiter/waitress service was in place for the supply of alcohol and the operation was not visible from street level. The Sub-Committee was advised the Premises would not function as a club and as it were located in the basement area there would be no noise disturbance to neighbours and no noise complaints had ever been submitted. There were no off sales of alcohol and patrons would not be able to take drinks outside with them if leaving to smoke. The smoking area was controlled by staff and these staff would also assist with the dispersal of customers when leaving the Premises. Ms Tricker advised that the extension in hours would not impact on the crime and disorder licensing objective, and this was confirmed by the lack of representation by the Police.

 

Ms Haq, representing the Licensing Authority, confirmed that their representation had been maintained as the application would result in the operation departing from policy. The Premises are located within a CIA and therefore the applicant had to demonstrate to the Sub-Committee exceptional circumstances as to why it would not add to cumulative impact in the local area.

 

The Sub-Committee carefully considered the application and noted that the Premises are located within a Cumulative Impact Area and therefore the applicant had to demonstrate that the application would not add to cumulative impact in the CIA. It was noted that the proposed extension to the hours for licensable activities were for a time limited period only. Conditions had been agreed with the Police which would ensure the Premises were controlled appropriately and these provided reassurance that the crime and disorder licensing objective would be promoted. The Sub-Committee also recognised that the supply of alcohol would be by waiter/waitress service and as the operation was located in the basement area the consumption of alcohol would not be visible from street level. The Sub-Committee was also pleased to note that the capacity of the Premises would be reduced during the extended hours and a last entry condition was to be imposed providing further reassurance it could not become a club type operation. It was recognised that the Premises were established in the area with a responsible operator, and this was reflected by there being no recorded issues emanating from the establishment.

 

Therefore, having taken into account all the evidence the Sub-Committee was satisfied that the application was suitable for the local area and that exceptional circumstances had been demonstrated to allow the Sub-Committee to depart from policy. Members welcomed the additional conditions to be imposed on the licence, in particular the reduction in capacity during the extended hours.  The applicant had demonstrated that the application was appropriate, with the conditions proposed proportionate enough to ensure that the licensing objectives were promoted, ensure there would be no increase in cumulative impact in the CIA and mitigate the concerns raised by the Licensing Authority.

 

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

 

1.              To grant permission to vary the terminal hour for Regulated Entertainment on Thursdays from 23:30 to 00:30 hours.

 

2.              To grant permission to vary the terminal hour for the Performance of Live Music on Thursdays from 23:30 to 00:30 hours.

 

3.              To grant permission to vary the terminal hour for the Playing of Recorded Music on Thursdays from 23:30 to 00:30 hours.

 

4.              To grant permission to vary the terminal hour for Late Night Refreshment on Thursdays from 23:30 to 00:30 hours.

 

5.              To grant permission to vary the terminal hour for the Sale of Alcohol (On and Off Sales) on Thursdays from 23:30 to 00:30 hours.

 

6.              To grant permission to vary the terminal hour for the Opening Hours of the Premises on Thursdays from 23:30 to 00:30 hours.

 

7.              To grant permission to vary the terminal hour for Regulated Entertainment on Fridays and Saturdays from 00:00 to 01:30 hours.

 

8.        To grant permission to vary the terminal hour for the Performance of Live Music on Fridays and Saturdays from 00:00 to 01:30 hours.

 

9.        To grant permission to vary the terminal hour for the Playing of Recorded Music on Fridays and Saturdays from 00:00 to 01:30 hours.

 

10.      To grant permission to vary the terminal hour for Late Night Refreshment on Fridays and Saturdays from 00:00 to 01:30 hours.

 

11.      To grant permission to vary the terminal hour for the Sale of Alcohol (On and Off Sales) on Fridays and Saturdays from 00:00 to 01:30 hours.

 

12.      To grant permission to vary the terminal hour for the Opening Hours of the Premises on Fridays and Saturdays from 00:00 to 01:30 hours.

 

13.      That the variation of the terminal hours is time limited until 30 March 2023.

14.      That the varied licence is subject to any relevant mandatory conditions.

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

16.      That Condition 36 below shall be suspended until 30 March 2023.

17.      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.

Conditions Consistent with the Operating Schedule

 

11.      The number of persons permitted in the premises at any one time (excluding staff) shall not exceed 200 persons.

 

12.      There shall be waiter/waitress service throughout the premises at all times.

 

13.      There shall be no sales of alcohol for consumption off the premises.

 

14.      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.

 

15.      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.

 

16.      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.

 

17.      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, Premises Management 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.

 

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

 

20.      No unauthorised advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) are inscribed or affixed upon the surface of the highway, or upon any building, structure, works, street furniture, tree, or any other property, or is distributed to the public, that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services.

 

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

 

 23.     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.

 

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

 

 25.     There shall be no cinema style showing of films.

 

 26.     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 or searching equipment or scanning equipment

(g) any refusal of the sale of alcohol

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

 

27.      The premises shall join the local Pubwatch or other local crime reduction scheme approved by the police, and local radio scheme if available.

 

28.      The food bar shown on the plans shall be maintained functioning and available to patrons at all times the premises are trading.

 

29.      A taxi service shall be available to patrons.

 

30.      There shall be no draught beer sold at the premises.

 

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

 

32.      The hours for regulated entertainment, sale of alcohol and opening shall be permitted from the end of permitted hours on New Year's Eve to start of permitted hours on New Year's Day.

 

33.      No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23.00 hours and 08.00 hours on the following day.

 

34.      No deliveries to the premises shall take place between 23.00 and 08.00 on the following day.

 

35.      The premises shall operate as a cocktail lounge, and a minimum percentage of cocktail drinks on any given day sold at the premises shall be 75% of total sales.

 

36.      There shall be a minimum of one SIA security person on duty Friday and Saturday from 9pm until 15 minutes after the premises close.

 

Conditions imposed by the Committee after a hearing with the agreement of the Applicant

 

37.      There shall be a minimum of 2 SIA on Friday and Saturday nights and a minimum of 1 SIA on Thursday night, between 9pm and 15 minutes after the premises close. Their SIA licences shall be displayed at all times. This condition shall be in force for a limited period until 30 March 2023.

 

38.      There shall be a 15-minute wind down period prior to the end of licensable activities on Thursday, Friday and Saturday trading nights. The style tempo and volume of music shall be consistent with the wind down period. This condition shall be in force for a limited period until 30 March 2023.

 

39.     On Thursdays there shall be no admittance or readmittance to the premises after 23.30 except for patrons permitted to temporarily leave the premises to smoke. This condition shall be in force for a limited period until 30 March 2023.

 

40.      On Fridays and Saturdays there shall be no admittance or readmittance to the premises after midnight except for patrons permitted to temporarily leave the premises to smoke. This condition shall be in force for a limited period until 30 March 2023.

 

41.     On Thursdays the capacity of patrons within the premises shall be reduced to 150 after midnight. This condition shall be in force for a limited period until 30 March 2023.

 

42.      On Fridays and Saturdays, the capacity of patrons within the premises shall be reduced to 150 after 00.30. This condition shall be in force for a limited period until 30 March 2023.

 

43.      The variation of hours shall be permitted for a limited period until 30 March 2023 only.

 

44.      Condition 36 above shall be suspended until 30 March 2023.

 

45.      On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00.

 

46.      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 of the Licensing Sub-Committee which takes effect forthwith.

 

The Licensing Sub-Committee

25 November 2021

Supporting documents: