Agenda item

Ward CIA* SCZ**	Site Name & Address	Application Type	Licensing Reference No.
West End   *  West End ** None	Unit 3, Ilona Rose House Development Site at 111-119 Charing Cross Road, 1-12 Manette Street,     1-4 Wedgwood Mews and 12 - 14 Greek Street,	New Premises Licence	21/07006/LIPN
*Cumulative Impact Area ** Special Consideration Zone

 

 

 

 

 

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO.4

 

Thursday 2 December 2021

          

Membership:      Councillor Karen Scarborough (Chairman), Councillor Heather Acton and Councillor Aicha Less

                            

Application for a New Premises Licence in respect of Unit 3 IIona Rose House, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street, London – 21/07006/LIPN

 

Officer Support:       Legal Advisor:           Horatio Chance

                                Policy Officer:             Aaron Hardy

                                Committee Officer:           Sarah Craddock

                                Presenting Officer:           Emanuela Meloyan

 

Premises

Unit 3, IIona Rose House

Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street, London

 

Applicant

Soho Estates Portfolio Limited

Represented by Alun Thomas (Thomas and Thomas) and Nick Lawson (Applicant from Soho Estates Portfolio Limited)

 

Cumulative Impact Area

 

West End

 

Ward

 

West End

 

Summary of Application

 

The Committee has determined an application for a New Premises Licence under the Licensing Act 2003 (“The Act”).  The Premises intends to operate as a restaurant with ancillary bar and external seating areas both within the private land edged red on the plan and a small area of highway on Manette Street.  The Premises are both within the West End Ward and West End Cumulative Impact Zone. The Special Consideration Zone does not apply.  The application follows a provisional statement 17/09329/LIPST. There is a resident count of 46.

 

Activities and Hours applied for

 

Retail Sale of Alcohol [On and Off Sales]

 

Monday to Saturday 10:00 to 01:00

Sunday 12:00 to 23:30

Seasonal Variation/Non-Standard Timings:

These hours can be extended from the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.

 

Late Night Refreshment (Indoors)

 

Monday to Saturday 23:00 to 01:00

Sunday 23:00 to 23:30

Seasonal Variation/Non-Standard Timings:

These hours can be extended from the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.

 

Hours premises are open to the public

 

Monday to Saturday 08:00 to 01:00

Sunday 08:00 to 23:30

Seasonal Variation/Non-Standard Timings:

These hours can be extended from the end of permitted hours on New Year's Eve until the start of permitted hours on New Year's Day.

 

Representations Received:

 

·       Environmental Health Service (Dave Nevitt)

·       Licensing Authority (Karyn Abbott)

·       Metropolitan Police Service (withdrawn 6 October 2021)

 

Summary of issues raised by objectors:

 

The proposals are likely to increase the risk of Public Nuisance and may impact upon Public Safety.  The Licensing Authority have concerns on how the Premises would promote the Licensing Objectives.

 

Policy Position:

 

Under Policy CIP1 of the City Council’s Statement of Licensing Policy (SLP) 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 and similar entertainment, 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 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, applications outside the West End Cumulative Impact Zone will generally be granted subject to the matters identified in Policy RTN1.

 

SUBMISSIONS AND REASONS

 

With the agreement of all parties present the Sub-Committee decided to hear all four applications for the Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street simultaneously but agreed that each application would have their own separate written Decision.

 

The Sub-Committee considered an application by Soho Estates Portfolio Limited for a New Premises Licence in respect of Unit 1, IIona Rose House, Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street. The Presenting Officer provided a summary of the Application and advised that there had been additional submissions from the Applicant which had been circulated to all parties. 

 

Mr Alun Thomas, Solicitor  for the Applicant, Soho Portfolio Limited, addressed the Sub-Committee and explained that there were four applications for New Premises Licences before the Sub-Committee today for the Development Site at 111-119 Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street . He referred to the site plans at page 148 of the report and advised of the location of each of the four units in relation to whether they were near Charing Cross Road, 1-12 Manette Street, 1-4 Wedgewood Mews and 12-14 Greek Street.  He added that the building was very large and would also contain eight residential flats for intermediate housing.  These flats would be fitted with triple glazing sealed windows and managed by Soho Housing Estates.

 

Mr Thomas advised that the four New Premises Licences had been applied for in line with the same hours as outlined in the provisional statements that had been granted, with the following exceptions:

 

·       New layouts and the removal of one building from the scheme, which was the original unit 4.  Unit 4 had now moved into the basement.

·       Updated model conditions reflecting the current drafting of the Licensing Authority and the inclusion of works conditions.

·       The addition of ‘off sales’ as a licensable activity to allow for customers to be accommodated in an external seating area on Manette Street.

·       The addition of limited bar use to persons seated and served by waiter/ess service, ceasing at 21:00 hours, limited to circa 20% of each unit’s capacity.

·       Additional external seating limited to 23:00 hours, which, by its very nature would be seasonal and weather dependant.

 

Mr Thomas advised that whilst there had been a gain in external seating which was subject to a 23:00  permission there had also been a reduction of 30 internal covers subject to a 01:00 permission.  He emphasised, therefore, there had been an overall reduction in operating hours and that the use of the external seating was seasonal.  He confirmed that there would be sustainable heaters in the external seating areas.

 

Mr Thomas explained that the development site was wholly owned by Soho Estates, a well-respected local business, and would remain in the family’s property portfolio.  He advised that this should give the Sub-Committee some reassurance regarding the Premises being situated in the West End cumulative impact zone  (CIZ) in that the whole building would be operated by one joined up management team.  Mr Thomas then outlined to the Sub-Committee the following unique features of the development site which would help combat cumulative impact:

 

·       On site 24-hour CCTV

·       Private security arrangements

·       Carefully selected and curated tenant occupiers and operators

·       Additional street and façade lighting

·       Urban greening and upgrading

·       Additional private cleansing

 

Mr Thomas advised that the building was located very close to excellent public transport networks and was in  close proximity  to the Cross Rail site and Tottenham Court Road for tubes and buses.  He further advised of the new pedestrian route that was proposed between Greek Street and Manette Street via the courtyard to provide an additional pedestrian route into Soho due to the increase in footfall as a consequence of Crossrail. 

 

Mr Thomas advised that the four new Premises would be operated as restaurants governed by the full restaurant condition MC66 after 21:00 hours.  He further advised, however, in line with the current  SLP , the Applicant had requested some flexibility for alcohol to be sold without food to a limited number of customers (limited to circa 20% of each unit’s capacity – Unit 1 (50 persons), Unit 2 (30 persons), Unit 3 (40 persons) and Unit 4 (60 persons)) seated and served by waiter/ess service before 21:00. He outlined that this could be managed by either having a designated drinking only/bar area (hatched onto the plans) in each of the units or by allowing each unit to have specific ‘drinking only’ tables (hatched onto the plans) dispersed throughout their Premises. 

 

Mr Thomas outlined that as the SLP  stated that most public safety and public nuisance occurred after 21:00  allowing alcohol to be sold without food up to 21:00  would not cause cumulative impact within the West End CIZ .  He explained that the four applications were an exception to the Licensing Policy in that the bar use was ancillary to all the Premises which were primary food led Premises/restaurants.  He also added that the Applicant had reduced the internal capacity and the hours of operation of the original scheme.  He emphasised, however, that the most important exceptional circumstance was that the building would be managed by one operator, Soho Estates, who were very experienced and would ensure the safety and security of its customers and the four restaurants within the building.

 

In response to questions from the Sub-Committee, Mr Allun advised that there would be no shisha smoking and no vertical drinking in any of the Premises.  He emphasised again the very good transport links located near to the building.  He referred to the service entrance where the bins/rubbish would be held until it was collected.  He confirmed that the residential flats would be managed by Soho Housing who had a close relationship with Soho Estates.  He advised that the four premises would be operated by mid to high end fine dining restaurants.  He confirmed that there had been extensive consultation through the planning stage, that the applications for the four new Premises Licences had been advertised correctly and that there had been no residential objections to the proposed four new Premises Licences. 

 

Mr Dave Nevitt, representing the Environmental Health Service (EH), advised that this was a significant development which had gone through planning and had already obtained provisional statements.  He explained that EH welcomed the integrated management approach to the operation of the building and that all the units were essentially restaurants and governed by the full restaurant condition MC66.  He requested clarification on how the Premises would define, regulate and manage the sale of alcohol without food before 21:00 whilst promoting the Licensing Objectives.  He welcomed that no vertical drinking would take place.  He further requested that the Sub-Committee agree a figure/percentage for each unit that they were content to have as drinking only before 21:00   He emphasised that all external areas would be rendered unusable at 23:00 hours  as the Premises was in a residential area.  He confirmed that the restaurants would remain open until 01:00  which was outside the Council’s core hours policy.  He further confirmed that the building had been refurnished with all the necessary essential safety equipment and that there was good public transport links located near the building.

 

Mr Thomas advised that the appropriate capacities for the four units were:

 

·       Unit 1 – 200 - 240 capacity (136sq metres external)

·       Unit 2 – 180 capacity (78sq metres external)

·       Unit 3 – 250 capacity (80sq metres external)

·       Unit 4 – 300 capacity, however, a 240 capacity would probably be agreed.

No outside area.

 

The Sub-Committee discussed how the Responsible Authorities would regulate the drinking only areas either by having a designated area in each unit or having ‘drinking only’ tables dispersed throughout each unit.  The Sub-Committee noted that a fair percentage to set would be 20% of the capacity of each unit.  The Sub-Committee considered that any percentage above 20% would change the nature character and style of the Premises. The Sub-Committee further noted that the Applicant did not wish to close the external areas before 23:00  as the Premises would lose some of its attractiveness if people had to leave the outside areas around 21:30.  Mr Nevitt advised that there was a significant amount of external seating and added that people having fun outside always looked attractive to people walking pass the Premises.  Mr Lawson advised that planters would be used as a buffer to absorb the noise from people talking.

 

Ms Karyn Abbott, representing the Licensing Authority, advised that the provisional statements were granted on the understanding that the restaurant condition MC66 would always operate throughout all four Premises.  The Applicant now wished to sale alcohol without food up until 21:00  in all four units and therefore it was for the Sub-Committee to determine these applications, given its location within the West End CIZ  and the proposed style of operation.

 

In response to questions from the Sub-Committee, Mr Thomas referred to condition 25, page 235 of the report and advised of the typo which should read ’60 customers at any one time’ instead of ’30 customers at any one time’. The Licensing Authority confirmed that this was indeed a typo and the Sub-Committee noted that condition 25 should read as ‘60 customers at any one time’.  Mr Nevitt outlined that he needed the area or tables in each of the four units that would be used for ‘drinking only’ up to 21:00  to be hatched on each of the four plans.  This would make it easier for City Inspectors and the Environmental Health Service to regulate the four Premises.

 

Mr Thomas advised that there was no better location in Soho for this type of venue and emphasised the good travel links out of the cumulative impact zone  and the need for regeneration in this area of the West End.  He commented that the Applicant already had permission for 01:00 on the provisional statements and therefore the Sub-Committee should not reduce the terminal hour today.  Mr Thomas reminded the Sub-Committee that there had been no residential objections and the Police had withdrawn their representation to all four applications.

 

Conclusion

 

The Sub-Committee has a duty to consider the application on its individual merits and took into account all of the committee papers and the oral evidence given by all parties during the hearing in its determination of the matter.

 

In reaching its decision the Sub-Committee took into consideration that the building would be operated and managed by Soho Estates and that the four units would be food led establishments.  The Sub-Committee also considered that the four Premises would be governed by the full restaurant condition MC66 after 21:00  and that the proposed conditions had been agreed with all the Responsible Authorities.  The Sub-Committee also noted that the Metropolitan Police Service had withdrawn their representation and that there had been no residential objections against the application.  The Sub-Committee were further pleased that the Applicant had agreed to the following Informative ‘there will be planters and greenery placed in the external areas of the Premises’. The Sub-Committee concluded that the conditions attached to the licence would alleviate the residents’ concerns and were appropriate and would promote the licencing objective.

 

Having carefully considered the committee papers and the submissions made by all 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 four licensing objectives to grant the application with the following permissions:

 

1.              To grant permission for the Sale of alcohol (On and Off) Monday to Saturday 10:00 to 01:00 hours and Sunday 12:00 to 23:30 hours.

 

2.              To grant permission for Late Night Refreshment (Indoors) Monday to Saturday 23:00 to 01:00 hours and Sunday 23:00 to 23:30 hours.

 

3.              To grant permission for the Opening Hours of the Premises

Monday to Saturday 08:00 to 01:00 hours and Sunday 08:00 to 23:30 hours.

 

4.              To grant permission for Seasonal Variations: From the end of permitted hours on New Year’s Eve until the start of permitted hours on New Year’s Day.

 

5.              That the Licence is subject to any relevant mandatory conditions.

 

6.              That the Licence is subject to the following conditions and Informative imposed by the Committee which are considered appropriate and proportionate to promote the licensing objectives.     

 

Conditions imposed by the Committee after a Licensing Hearing:-

 

7.              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.

8.        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.

9.        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.

10.      There shall be no sales of alcohol for consumption off the premises after 23.00.

11.      The external tables and chairs shall only be used between 0800 and 23.00 each day and be rendered unusable at 23:00.                                          

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

13.      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.

14.      All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times.

15.      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.

16.      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.

17.      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.

18.      A Challenge 21 or 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.

19.      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

20.      There shall be no sales of hot food or hot drink for consumption off the premises after 23.00.

21.      Any alcohol supplied for consumption off the premises must be in a sealed container unless consumed by persons who are seated in an area appropriately authorised for the use of tables and chairs on the highway.

22.      No deliveries to the premises shall take place between (23.00) and (07.00) on the following day.

23.      After 9pm, the premises 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.

For the purpose of this condition ‘Substantial Table Meal’ means – a meal such as might be expected to be served as the main midday or main evening meal, or as a main course at either such meal and is eaten by a person seated at a table, or at a counter or other structure which serves the purposes of a table and is not used for the service of refreshments for consumption by persons not seated at a table or structure servicing the purposes of a table.

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

 

Before 9pm, alcohol may only be sold to persons seated and served by waiter/waitress service and restricted to no more than 40 customers at any time, as specified.

24.      The premises may remain open for the sale of alcohol and the provision of late-night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

25.      No licensable activities shall take at the premises until the capacity of the premises has been determined by the Environmental Health Consultation Team and the licensing authority has replaced this condition on the licence with a condition detailing the capacity so determined.

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

27.      The premises licence holder shall ensure that the management team register and successfully complete the nationally recognised counter terrorism training product referred to as ACT eLearning package or can demonstrate that the ACT eLearning product has been successfully completed within the preceding 12 months and that all staff employed by or at the premises complete the ACT eLearning within a reasonable period not exceeding 3 months from the day they start their employment.

28.      A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

If problems are experienced then a Review of the Licence can be made.

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

This Decision takes immediate effect

          

The Licensing Sub-Committee

2 December 2021