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Agenda item

Blacks, Basement to First Floor, 67 Dean Street, W1D 4QH

Ward
CIA*
SCZ
**

Site Name & Address

Application
Type

Licensing Reference No.

West End       

*  West End

**  None

Blacks, Basement to First Floor        67 Dean Street W1D 4QH

New Premises Licence

21/07370/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 21/07370/LIPV

 

Full Decision

 

Premises

 

Blacks

Basement to First Floor

67 Dean Street

London

W1D 4QH

 

 

Applicant

 

Blacks Limited

Represented by Ewan McGregor (Solicitor – TLT Solicitors)

 

 

Cumulative Impact Area?

 

West End Cumulative Impact Area

 

 

Ward

 

West End

 

 

Summary of Application

 

The Premises currently operated as a Private Members Club and the application was seeking to open up the first and second floors to members of the public to dine, replicating the current permissions on the ground and basement floors.

 

 

Proposed Variations to the Conditions

 

Conditions Proposed to be Varied

 

Condition

Proposed Variation

17. The hours of operation for the Basement and Ground Floor when open to the public will be; Monday to Thursday 12:00 to 23:00 Friday to Saturday 12:00 to 00:00 Sunday 12:00 to 22:30 After these times the premises will only trade as a private members club.

 

17. The hours of operation for the premises when open to the public will be; Monday to Thursday 12:00 to 23:00 Friday to Saturday 12:00 to 00:00 Sunday 12:00 to 22:30 After these times the premises will only trade as a private members club.

18. When the Basement and Ground Floor are open to the public. These areas shall only operate as a restaurant

(i) in which customers are shown to their table, (ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv) which do not provide any takeaway service of food or drink for immediate consumption,

(v) which do not provide any takeaway service of food or drink after 23.00, and

(vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

18. When the premises are open to the public. These areas shall only operate as a restaurant

(i) in which customers are shown to their table,

(ii) where the supply of alcohol is by waiter or waitress service only,

(iii) which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery,

(iv) which do not provide any takeaway service of food or drink for immediate consumption,

(v) which do not provide any takeaway service of food or drink after 23.00, and (vi) where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

 

In the event that the application is granted, the following conditions will require the words “with the exception of the ground floor and basement” removed:

 

Condition

Proposed Variation

19. With the exception of the ground floor and basement between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, alcohol may only be sold for consumption by members of a private club and their bona fide guests. No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.

 

19. Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, alcohol may only be sold for consumption by members of a private club and their bona fide guests. No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.

21. With the exception of the ground floor and basement between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, there shall be no more than 4 guests per member on the premises at any time, save for guests of members: a) Taking a table meal; or b) Attending a pre-booked and bona fide private function or event booked by a member no less than 24 hours in advance. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the council; '

 

21. Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, there shall be no more than 4 guests per member on the premises at any time, save for guests of members: a) Taking a table meal; or b) Attending a pre-booked and bona fide private function or event booked by a member no less than 24 hours in advance. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by police or an authorised officer of the council; '

22. With the exception of the ground floor and basement between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, guests of members can only purchase alcohol whilst that member is present on the premises.

 

22. Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, guests of members can only purchase alcohol whilst that member is present on the premises.

Conditions Proposed to be Added

 

        The DPS or manager will be responsible for ensuring that members of the public who are not bona fide guests of club members are notified 20 minutes prior to the premises closing to members of the public that they will be asked to leave at that time. Members of the public not bona fide guests of club members must be off the premises by the time stipulated on the licence for members of the public.

 

        No more than five bona fide guests of a member or the manager will be permitted at any one time.

 

 

Representations Received

 

·       The Licensing Authority (Roxsana Haq)

 

 

Summary of issues raised by objector

 

·       The Licensing Authority had concerns in relation to how the Premises would promote the Licensing Objectives.

 

·       The Licensing Authority encouraged the applicant to provide further submissions in relation to the capacity of the Premises and how the proposed operation of increasing access to members of the public and the number of bona fide guests of members from 4 to 5 per member would not add to cumulative impact given the increase in numbers of people within the West End CIA as per policy CIP1 and QUC1.

 

 

Policy Position

 

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

 

Under Policy RTN1(B), applications inside the West End Cumulative Impact Zone will generally be granted subject to not being contrary to other policies in the SLP.

 

 

DECISION AND REASONS

 

The Licensing Officer introduced the application and confirmed that the Police had withdrawn their representation following consultation with the applicant.

 

Mr McGregor, representing the applicant, introduced the application. He advised that it was compliant with the Council’s Core Hours Policy, there would be no increase in capacity and a restaurant condition would be imposed. The Premises had been in operation a significant period of time and was only seeking to allow members of the public to use the basement and ground floors, replicating what they were currently permitted to do on the first and second floors. The Sub-Committee was advised that the Soho Society were supportive of the application as it opened up an historically important building to the public. There was no history of issues arising from the operation of the Premises and the proposed variation was very unlikely to affect this.

 

Ms Haq, representing the Licensing Authority, confirmed that their representation was maintained as the Premises was located within a Cumulative Impact Area (CIA) and was seeking to change its operation. It was recognised that the proposed variation would replicate the existing operation on the first and second floors, but the application changed the nature of the entire operation and therefore it was for the Sub-Committee to decide whether to grant the application or not.

 

In response to questions from the Sub-Committee Mr McGregor confirmed that the proposals would not increase the capacity of the Premises and it was hoped this would allay any concerns over cumulative impact. In addition, whilst the Premises own restaurant condition had been proposed to be placed on the licence the applicant was content for this to be amended to the Council’s model restaurant condition.

 

The Sub-Committee carefully considered the application and noted that the Premises were 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. The Sub-Committee noted that the hours requested were within the Council’s Core Hours Policy and there would be no increase in capacity. The applicant was seeking to allow non-members access to the first and second floors and replicate what was already currently permitted on the basement and ground floors. No residents had objected to the application, and it was recognised that the applicant had operated the Premises for a significant period of time during which no reported issues had arisen. It was also recognised that a restaurant condition had been offered for the licensed areas and after discussions the applicant had confirmed that this could be amended to be the Council’s model restaurant condition. This provided reassurance that the Premises would not operate as drink-led establishment.

 

Therefore, having taken into account all the evidence the Sub-Committee was satisfied that granting the application was suitable for the local area and addressed any concerns raised. The application was considered appropriate, with the conditions proposed proportionate enough to ensure that the licensing objectives were promoted and ensure there would be no increase in cumulative impact in the CIA. The Sub-Committee therefore granted the application accordingly.

 

 

 

 

The application was granted as follows:

 

1.        To grant permission to vary condition 17 as specified below.

 

2.        To grant permission to vary condition 18 as specified below.

 

3.        To grant permission to vary condition 19 as specified below.

 

4.        To grant permission to vary condition 21 as specified below.

 

5.        To grant permission to vary condition 22 as specified below. 

 

6.        That condition 18 had been amended to replace the existing restaurant condition incorporating the Council’s Model Condition 66.

7.        That the varied licence was subject to any relevant mandatory conditions.

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

 

9.        That the varied licence is subject to the additional conditions imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.

 

Conditions which reproduce the effect of any restriction imposed on the use of the premises by specified enactments.

 

Whole Premises or those parts of the premises operating at the time as a private member's club:

 

9.     (i)Alcohol may be sold or supplied:

(a) Monday to Saturday other than Christmas Day, Good Friday or New Year's Eve 10:00 to 01 :00 Basement & Ground Floors

Sunday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 00:30

Basement & Ground Floors

Monday to Saturday other than Christmas Day, Good Friday or New Year's Eve 10:00 to 23:00 First Floor

Sunday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 22:30 First Floor

Monday to Saturday other than Christmas Day, Good Friday or New Year's Eve 10:00 to 23:00 Second Floor

Sunday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 22:30 Second Floor

 

Basement and Ground Floor of the premises operating at the time as a restaurant open to the general public

 

(b) Monday to Thursday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 23:00 Basement & Ground Floors

Friday and Saturday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 00:00 Basement & Ground Floors

Sunday other than Christmas Day, Good Friday or New Year's Eve 12:00 to 22:30

Basement & Ground Floors

 

Christmas Day, Good Friday or New Year's Eve

(c) On Good Friday, 12:00 to 22:30

(d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

(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, midnight on 31st December).

 

(ii) Alcohol may be sold or supplied for one hour following the hours set out above (other than Christmas Day and New Year's Eve) and on Christmas day, between 15:00 and 19:00 to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

 

(iii) (a). Alcohol may be sold or supplied until 01.00 in the morning following weekdays (other than Good Friday and Christmas Day), 00.30 a.m. in the morning following Sundays (other than Christmas Day) and 00.30 in the morning following Good Friday to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by that person in that part of the premises as an ancillary to his meal.

(b). That part of the premises must also be used for the provision of entertainment by persons present and performing to which the sale or supply of alcohol is also ancillary.

(c) The alcohol must be sold or supplied at a time before (i) the provision of entertainment by persons present and performing or (ii) the provision of substantial refreshment, has ended. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

(d) This condition does not authorise any sale or supply to any person admitted to the premises either after midnight (23.00 on Sunday) or less than half an hour before the entertainment is due to end, except in accordance with condition number 9(ii) above.

 

NOTE - The above restrictions do not prohibit:

(a) during the first thirty minutes in the basement and ground floor and twenty minutes on the first floor 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) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking table meals there if the alcohol was supplied for consumption as ancillary to the meals;

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

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

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

(g) 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;

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

(i) 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;

(j) 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.

 

10.      No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

(a) He is the child of the holder of the premises licence.

(b) He resides in the premises but is not employed there.

(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

(d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

 

In this condition "bar" includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

 

11.      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

 

12.      Music volumes at the premises will be kept to a level whereby it is inaudible within any residential dwelling in the immediate vicinity. If notified by a neighbour that music from the premises can be heard inside their premises, the music levels will be immediately reduced accordingly to a level at which they are no longer audible.

 

13.      The premises shall install and maintain a comprehensive CCTV system in areas open to non-members, 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 and will include the external area immediately outside the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.

 

14.      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.

 

15.      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.

 

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. It must be completed within 24 hours of the incident and will record the following:

i.   all crimes reported to the venue

          ii.  all ejections of patrons

iii. any complaints received concerning crime and disorder

          iv. any incidents of disorder

v.  any faults in the CCTV system.

vi. any refusal of the sale of alcohol

vii. any visit by a relevant authority or emergency service.

 

17.      The hours of operation for the premises when open to the public will be; Monday to Thursday 12:00 to 23:00 Friday to Saturday 12:00 to 00:00 Sunday 12:00 to 22:30

 

After these times the premises will only trade as a private members club.

 

18.      When the premises are open to the public.

These areas shall only operate as a restaurant

(i)              in which customers are shown to their table or the customer will select a table themselves,

(ii)             where the supply of alcohol is by waiter or waitress service only,

(iii)           which provide food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table,

(iv)           which do not provide any takeaway service of food or drink for immediate consumption off the premises.

(v)            where alcohol shall not be sold or supplied, otherwise than for consumption by persons who are seated in the premises and bona fide taking substantial table meals there and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

 

Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

 

19.      Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, alcohol may only be sold for consumption by members of a private club and their bona fide guests. No person shall be admitted to membership of the private club or be entitled to take advantage of any of the privileges of membership without an interval of at least 48 hours between their nomination or application for membership and their admission.

 

20.      A legible list of the names and addresses of members of the Club shall be kept on the premises at all times together with a book legibly recording the names and dates of attendance of any guests introduced by members which shall be retained for a period of 28 days. Both the list and the book shall be produced on demand for inspection by the Police or an authorised officer of the Council.

 

21.      Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, there shall be no more than 4 guests per member on the premises at any time, save for guests of members:

a) Taking a table meal; or

b) Attending a pre-booked and bona fide private function or event booked by a member no less than 24 hours in advance. A register of persons attending the event shall be kept at the premises and made available for immediate inspection by Police or an authorised officer of the Council.

 

22.      Between 12:00 to 23:00 hours Monday to Thursday, 12:00 to 00:00 Friday and Saturday and 12:00 to 22:30 Sunday, guests of members can only purchase alcohol whilst that member is present on the premises.

 

23.      The number of persons accommodated at any one time (including staff) shall not exceed the following:

           Second Floor - 30 persons (excluding staff)

First Floor - 60 persons (excluding staff)

Ground Floor - 40 persons (excluding staff)

Basement - 30 persons (excluding staff)

With no more than 90 persons (including staff) on the premises at any one time.

 

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

 

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

 

26.      The courtyard area shall cease to be used after 21:00 hours and there shall be no more than 5 persons present there at any one time.

 

27.      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.

 

28.      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.

 

29.     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.

 

30.      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.

 

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

 

31.      The DPS or manager will be responsible for ensuring that members of the public who are not bona fide guests of club members are notified 20 minutes prior to the premises closing to members of the public that they will be asked to leave at that time. 

 

32.      Members of the public not bona fide guests of club members must be off the premises by the time stipulated on the licence for members of the public.

 

33.      No more than five bona fide guests of a member or the manager will be permitted at any one time.

 

 

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

 

This Decision takes immediate effect.

 

The Licensing Sub-Committee

25 November 2021

 

Supporting documents: